Elder Law
Elder law software for Medicaid, incapacity, and long-term care planning.
Statular drafts Medicaid asset protection trusts, Miller trusts, special needs trusts, and the powers and directives that protect an aging client, along with a Medicaid planning letter prefilled with your state's figures. The whole plan comes from one matter.
The Elder Law Document Set
Everything an elder law matter needs, drafted together.
- Medicaid asset protection trusts
- Individual and joint MAPTs built to keep principal out of reach of the settlor and spouse, with retained occupancy of the residence, bars on doctrines that could reach principal, and embedded asset schedules.
- Qualified Income (Miller) Trusts
- QITs for clients in income-cap states whose income exceeds the eligibility limit, with income assignment, trustee rules, and a plain-language summary for the client and trustee.
- Medicaid planning letters
- A client letter that walks through eligibility, the spousal allowances, and the plan, prefilled with the state's current resource, income, and home equity figures.
- Special needs trusts
- First-party trusts with payback provisions, including court-established trusts, and third-party trusts for one settlor or a couple, so a disabled beneficiary keeps SSI and Medicaid.
- Durable powers of attorney
- Financial powers that let the agent create and fund a Medicaid planning trust and make gifts, with limits on amount, recipient, and pattern that you set.
- Healthcare directives and HIPAA
- Advance directives, living wills, statutory forms where a state has one, HIPAA authorizations, and hospital visitation authorizations.
- Dementia directives
- Instructions for care and treatment through the stages of dementia, as part of the full plan or as a standalone document.
- Conservator and guardian nominations
- Pre-need nominations of a conservator or guardian of the person, and exclusions of the people the client does not want appointed.
- Capacity letters
- Request letters to the client's physician for a capacity evaluation before signing, in a standard version and a forensic version for plans likely to be challenged.
Every Stage of the Matter
From advance planning to estate recovery.
Elder law clients come in at different points. Some are planning five years out, and some have a parent entering a facility next week. Statular covers each stage.
Planning ahead
Years ahead of the need for care
The client is healthy and wants to protect the house and savings from a future nursing home bill. Draft the MAPT with its asset schedules, the powers and directives, and the will, from one matter.
Crisis planning
Care is needed now
The client is entering a facility or already in one. Generate the Medicaid planning letter with the state's figures, model a gift-and-annuity strategy with its penalty period, and draft a Qualified Income Trust if income is over the cap.
Incapacity
Before capacity is in question
Put the agents, healthcare decision-makers, dementia instructions, and conservator nominations in place, and document capacity with a clinician letter when the plan could be challenged.
After death
Estate recovery and administration
Run the probate or trust administration from the same record, including the Medicaid estate recovery notices that some states require of a personal representative.
Incapacity Planning
Planning for incapacity, drafted for the hard cases.
The power of attorney matters most when Medicaid planning has to happen after the client can no longer sign. Statular's powers can let the agent create and fund a Medicaid planning trust and make gifts within limits you set, so the plan can still be carried out if the client loses capacity.
Gifting authority with limits
Allow or prohibit gifts, cap them at the annual exclusion, tie them to the client's established pattern of giving, and decide whether the agent may give to dependents, charities, or themselves.
Medicaid planning trust authority
Authorize the agent to create and fund a trust for Medicaid planning, so a crisis plan does not require a guardianship.
Dementia-specific instructions
A dementia directive records the client's wishes for care at each stage of cognitive decline, alongside the advance directive and living will.
Choosing who is appointed
If a court proceeding becomes necessary, the client's nomination of a conservator or guardian, and exclusion of anyone they do not want appointed, is already signed.
Elder law work, without rebuilding the plan for each client.
One interview for the whole plan
Family, fiduciaries, assets, and placement are entered once. The MAPT, the powers, the directives, and the client letter draw from the same record, so the trustee named in the trust and the agent named in the power stay consistent.
State rules built into the defaults
Medicaid figures, the agency and program name (Medi-Cal, AHCCCS, TennCare), and estate recovery scope come from the matter's state. You review and adjust them; you don't look them up.
Client intake for older clients and their families
Send a questionnaire to the client or to an adult child helping them. Answers flow into the attorney interview for review, and intake is available in Spanish, Vietnamese, Korean, and Simplified Chinese.
Related
The rest of the practice, on the same platform.
Medicaid planning
MAPT drafting options, Miller trusts, and the Medicaid planning letter, in detail.
Learn moreIrrevocable trusts
MAPTs, special needs trusts, ILITs, gift trusts, and QPRTs, with the documents that go with each.
Learn moreProbate administration
Petitions, notices, inventories, and accountings when the client dies, from one case record.
Learn moreTrust administration
Run the administration after death and keep the trustee's books with principal and income allocation.
Learn moreFAQ