Elder Law Attorneys in Lafayette and Crawfordsville, Indiana
You’ve spent a lifetime building something worth protecting. Your home, your savings, your independence, your relationships. Elder law is about making sure all of it is safeguarded so you can move into the next chapter of life on your terms.
At BB&C, our elder law attorneys help people throughout Tippecanoe, Montgomery and surrounding counties plan proactively for the future. Whether you’re thinking about long-term care costs, navigating Medicare and Medicaid, or just making sure your affairs are in order, we’re here to help you embrace what’s ahead with clarity and confidence.
When You Should Hire an Elder Law Attorney
Many people wait until a health crisis forces the issue. But the earlier you plan, the more options you have and the more assets you can protect. If you or a loved one is approaching retirement — or already in it — now is the right time to think through your options.
Contact an Elder Law Attorney for Help With:
Protecting Assets
You want to shield your home and savings from nursing home costs
Medicaid
You need help understanding your benefits or planning for eligibility
Long-Term Care
You want to plan ahead for the possibility of needing in-home or facility care
Legal Documents
You need to create or update a will, trust, or power of attorney
Loss of Capacity
A family member can no longer make their own financial or healthcare decisions
Maintaining Independence
You want to make decisions about your future while you still can
Even if you’re not sure exactly what you need, call us. We’ll help you sort through your options with no obligation.
Send us a message or call us at 765-742-9066 to speak with an elder law attorney today.
What Does an Elder Law Attorney Do?
Elder law addresses the unique legal and financial needs of older adults and individuals with disabilities. It’s a practice area that emerged for the same reason geriatrics did in medicine — because the needs of older clients are distinct, and they deserve attorneys who specialize in those needs.
We Help Clients Navigate Elder Law Matters, Including:
Planning for Long-Term Care
- Medicaid planning and eligibility
- Nursing home and assisted living planning
- Veterans Affairs benefit assistance
Legal Documents and Protections
- Wills and trusts
- Powers of attorney (financial and healthcare)
- Healthcare directives and living wills
- Guardianship and conservatorship
Asset Protection and Benefits
- Protecting assets from nursing home spend-down
- Estate planning and preservation
- Benefit applications and appeals
- Protection against elder financial abuse
Plan Ahead With Confidence.
We work closely with financial planners, social workers, and care managers to give you a complete picture.
Our goal is to maximize your quality of life, protect your spouse or partner, and preserve what you’ve built for the people you love.
Elder Law ATTORNEYS
Abigayle M. Hensley
Attorney
Kyle E. Cray
Attorney
Common Questions About Elder Law
Elder law takes a broad view of your legal and financial needs as you age — long-term care planning, Medicaid eligibility, guardianship, veterans benefits, and protecting assets from nursing home costs — all while you’re still living. Elder law attorneys also help with wills, trusts, and powers of attorney, but with a focus on your quality of life and independence in the years ahead.
Estate planning focuses primarily on what happens to your assets after you pass away — wills, trusts, beneficiary designations, and minimizing estate taxes. It’s planning for the transfer of what you’ve built to the people and causes you care about.
The cost of an elder law attorney depends on the services you need. Some matters, like drafting a power of attorney or updating a will, are typically straightforward and billed at a flat fee. More complex work, like Medicaid planning or guardianship proceedings, generally involves hourly billing or a retainer.
What’s worth considering is the cost of not planning. A single nursing home stay can deplete a lifetime of savings — proper planning with an elder law attorney can protect far more than it costs. During your consultation, we’ll explain our fees clearly based on your specific situation and goals.
Medicare is a federal health insurance program for people 65 and older, as well as qualifying individuals with disabilities. It covers many medical expenses but does not cover most long-term nursing home care beyond a limited period.
Medicaid is a need-based assistance program for people with limited income and assets. Medicaid does cover long-term nursing home care, which is why Medicaid planning is one of the most important things an elder law attorney can help you with. Learn more about the difference between Medicare and Medicaid.
In Indiana nursing homes, the average cost of a semi-private room is around $10,000 per month[AH2] — $84,000 or more per year. A single extended stay can rapidly deplete a lifetime of savings, leaving a healthy spouse with little financial security.
With proper planning, you may be able to qualify for Medicaid to cover nursing home costs while still protecting assets for your spouse or heirs. The key is planning ahead, before a crisis forces your hand. Learn how to protect your nest egg from nursing home costs.
Medicaid planning involves legally arranging your assets and finances to qualify for Medicaid benefits if you ever need long-term care. Without a plan, you may be required to spend down nearly all your assets before Medicaid will help cover costs.
An elder law attorney can help you understand Indiana’s Medicaid rules, structure your assets appropriately, and apply for benefits at the right time. The earlier you plan, the more flexibility you have. Read more about Medicaid planning in Indiana.
A financial power of attorney authorizes a trusted person to manage your finances if you become incapacitated. A healthcare power of attorney designates someone to make medical decisions on your behalf. Without these documents, your family may need to go to court to establish guardianship — a process that is costly, time-consuming, and stressful.
Having powers of attorney in place ensures your wishes are respected and your affairs are handled by someone you trust, without court involvement.
Without proper planning, the state largely decides what happens to your assets and your care. Your family may face probate, court-appointed guardianship, and difficult financial decisions at an already stressful time. A surviving spouse may find themselves without adequate resources.
The good news is that most of these scenarios are avoidable with the right plan. An elder law attorney can help you put safeguards in place while you’re healthy, so you — not your circumstances — are in control of your future.
Long-term care insurance can be a valuable tool for protecting assets from nursing home or home care costs, but it isn’t right for everyone. Premiums, coverage limits, and eligibility requirements vary, and the right time to buy is typically in your 50s or early 60s, when you’re still healthy enough to qualify.
An elder law attorney can help you weigh the pros and cons based on your specific situation, health, and financial picture. Learn more about whether long-term care insurance is right for you.
Veterans and their surviving spouses may qualify for the VA’s Aid and Attendance benefit, which helps cover the cost of in-home care, assisted living, or nursing home care. This benefit is underutilized, largely because many veterans don’t know it exists or don’t understand the application process.
Our elder law attorneys can help eligible veterans navigate the application process and access benefits they’ve earned.
Why Choose BB&C for Elder Law?
Elder law involves some of the most personal and consequential decisions of a person’s life. Here’s what sets our elder law practice apart:
- Experience You Can Trust. Our attorneys bring decades of combined experience in elder law and estate planning. We’ve helped countless Indiana families navigate complex Medicaid rules, nursing home planning, and long-term care decisions.
- Compassionate, Personalized Service. We take pride in taking the time to truly understand your situation, your goals, and your family dynamics. You’ll never feel rushed or like just another file on a desk.
- Plain-Language Guidance. Elder law can feel overwhelming. We explain your options clearly, answer your questions thoroughly, and make sure you feel confident about the decisions you’re making.
- Collaborative Approach. We work alongside your financial advisors, social workers, and healthcare providers to make sure every piece of your plan works together.
- Local Knowledge. As a Lafayette firm, we understand Indiana’s Medicaid rules, local courts, and community resources available to older adults in Tippecanoe County.
Services Elder Law Attorneys Provide
With 4 in 10 people over 65 expected to need nursing home care at some point, planning ahead isn’t just smart — it’s essential. Indiana Medicaid has strict asset and income limits, but with careful planning, it’s often possible to qualify for benefits while protecting a significant portion of your assets. This planning needs to happen well before a nursing home admission, as Medicaid has a five-year lookback period for asset transfers.
Guardianship and Conservatorship
When a person can no longer manage their own affairs due to dementia, illness, or disability, a court may appoint a guardian or conservator to make decisions on their behalf. Our attorneys guide families through this process with compassion and help establish appropriate protections while preserving as much of the person’s autonomy as possible.
Wills, Trusts, and Powers of Attorney
Elder law and estate planning go hand in hand. Many older adults haven’t reviewed their estate planning documents in years — or never had them drafted at all. Our attorneys help ensure your will, trust, powers of attorney, and healthcare directives reflect your current wishes and provide the protections your family needs.
Nursing Home Planning and Choosing Care
Choosing the right nursing home or care facility is one of the most important decisions a family can make. Our attorneys can help you understand your rights, review contracts, and plan financially for the transition to long-term care. Read our guide to choosing a nursing home for a loved one.
Financial abuse is one of the most common and underreported crimes against older adults. It can come from strangers, caregivers, or even family members. Our attorneys can help you understand signs of exploitation and put legal protections in place to safeguard your assets and wellbeing.
Serving the Areas of Crawfordsville and Lafayette
At Bennett, Boehning, & Clary, we are passionate about maximizing the quality of life for older adults while securing a comfortable future for their families. We understand that planning for the future can feel daunting, but we’ve seen what happens when people wait — and we know how much better outcomes are for those who plan ahead.
Nothing is more important than your independence, your security, and your peace of mind. We share your commitment to protecting all three, and we’ll work diligently to make sure you have the plan in place to do just that.
Send us a message or call us at 765-742-9066 to speak with an elder law attorney today.