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🔥 Refuel | Issue #22
A Newsletter from Faith + Gasoline
📅 Subject: “Do We Need a Lawyer?” – 10 Must-Ask Questions with an Elder Law Attorney⚖️
🛠️ Welcome to Refuel
Hey fam,
If you’re caring for an aging parent and you’re not sure about the paperwork, the money, or the future—you’re not alone.
Most families wait until crisis to call an attorney. But by then, options are limited and emotions are high.
That’s why this issue is all about protection, peace of mind, and planning ahead, from the legal side.
I sat down with an elder law attorney and got answers to the questions every family needs to ask.
🔥 This Week’s Theme: Don’t Wait for the Emergency to Get the Paperwork Right
📖 Verse of the Week:
“The prudent see danger and take refuge, but the simple keep going and pay the penalty.” – Proverbs 22:3
You don’t have to be paranoid.
You just have to be prepared.
🧠 10 Questions with an Elder Law Attorney
Real questions. Straightforward answers. Peace of mind unlocked.
✅ 1. Do we really need a lawyer for elder care planning?
Yes. Especially if your parent owns property, has savings, or may need Medicaid or long-term care. An elder law attorney can help you protect assets, navigate benefits, and create clear legal documents. It will cost about $500, but it is worth it. The more assets your loved ones own, the more complicated it becomes to try to plan. I waited too long to do this!
✅ 2. What legal documents should every aging adult have?
Power of Attorney (POA) for finances
Healthcare Directive / Living Will
HIPAA Release Form
Last Will and Testament
Revocable Trust (optional but helpful)
Without these, even family can’t legally make decisions during a crisis. Also, you have to remember, many people get ill - they don’t just die suddenly. My mom was certain she was just gonna be gone. She was sick for nearly a decade. That shortsightedness caused her (and her children) to delay crucial planning.
✅ 3. What’s the difference between a will and a trust?
A will goes into effect after death and must go through probate.
A trust works while the person is still alive and avoids probate.
If privacy, speed, or asset protection matters, a trust is usually better.
And make sure the person is mobile and of sound mind when they create the trust. Wanting to do a trust after they are sick is a heavy effort. It’s best to do all of these things while the person or persons have some modicum of health.
✅ 4. How do we protect the house if Medicaid is needed later?
Medicaid can “claw back” assets, including the home, unless you plan at least 5 years in advance.
An attorney can help set up a Medicaid Asset Protection Trust or transfer title with legal safeguards.
✅ 5. Can Medicaid really take everything?
Not everything, but anything over the limit (often ~$2,000) must be “spent down” unless protected. Check your state’s guidelines!
That’s why you need legal guidance. There are exemptions, spend-down strategies, and asset transfers that can preserve value if done right.
✅ 6. What happens if my parent becomes incapacitated and we don’t have POA?
You may need to go to court for guardianship—a long, public, expensive process.
POA avoids that completely. Get it signed while your loved one is still mentally sound.
And in some cases, if the person is deemed healthy enough to make their own decisions, you will need guardianship because the POA isn’t enough. More details to consider.
✅ 7. What should we ask when hiring an elder law attorney?
Are you certified in elder law?
Do you help with Medicaid planning?
What’s your fee structure? (Flat fee preferred over hourly)
Will you review or update existing documents?
✅ 8. Should we do online legal forms instead?
For simple wills? Maybe.
But for real protection and Medicaid planning? No.
Every state has different laws, and one mistake can undo everything.
✅ 9. How much does this cost?
A basic estate plan (will, POA, healthcare directive) can cost $500–$2,000.
More complex planning (trusts, Medicaid protection) may run $2,500–$6,000.
📌 Pro tip: It costs more to fix a mess than to prevent one.
Keep in mind that most of this information varies from state to state. So do your homework based on the state where your parents live!
✅ 10. When is the right time to call a lawyer?
Before the diagnosis gets worse.
Before the fall.
Before the ER visit.
Before the house needs to be sold.
If your parent is over 65 and has any assets, the time is now.
🎥🎥 Now playing: Long Term Care 🎬🎬 Plan ahead!!
📌 Next Steps
In St.Louis? https://elderlawstlouis.com/ — I met with this attorney, and it was super helpful!
📢 Share this with a friend or sibling who thinks, “We’ll just figure it out when the time comes.” That’s too late. Don’t procrastinate.
💙💙 Community is the new currency 💙💙
Legal prep ⚖️ isn’t cold—it’s caring.
And you don’t have to face it alone.
Go be great. 🚀💙
Love you.
With faith & fuel,
Judith A. Culp
Founder, Faith + Gasoline