The Elder Law Coach
52 episodes - English - Latest episode: 3 months ago - ★★★★★ - 5 ratingsTodd Whatley is a Certified Elder Law Attorney, practicing attorney and now the Elder Law Coach. His passion is to help attorneys become proficient Elder Law Attorneys. He still practices law with over 22 years of experience with offices in two states. He is the Past President of the National Elder Law Foundation, the ABA accredited certifying organization for the ABA. He LOVES working with new and experienced attorneys to help them have the best job in the world and help a great population. Visit him at www.TheElderLawCoach.com. This podcast was formally known as Elder Law in a Box.
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Episodes
Maintaining Autonomy in Dementia: Navigating Guardianships and Powers of Attorney
March 30, 2024 14:00 - 27 minutes - 18.8 MBDiscover the keys to safeguarding autonomy in the face of dementia and the intricate legal decisions that follow. As your Elder Law Coach, I, Todd Whatley, guide you through the murky waters of guardianships and powers of attorney, revealing how a dementia diagnosis impacts legal capacity and the crucial steps to maintain control over personal affairs. This episode unravels the ethical imperatives entwined with preserving one's independence, addressing the invasive nature of guardianships—co...
Ep 36 Maintaining Autonomy in Dementia: Navigating Guardianships and Powers of Attorney
March 30, 2024 14:00 - 27 minutes - 18.8 MBDiscover the keys to safeguarding autonomy in the face of dementia and the intricate legal decisions that follow. As your Elder Law Coach, I, Todd Whatley, guide you through the murky waters of guardianships and powers of attorney, revealing how a dementia diagnosis impacts legal capacity and the crucial steps to maintain control over personal affairs. This episode unravels the ethical imperatives entwined with preserving one's independence, addressing the invasive nature of guardianships—co...
Ep 35 Insights on Trustee Selection and Beneficiary Care with Samantha Shepherd
March 09, 2024 13:00 - 29 minutes - 20.1 MBEmbark on a journey with me, Todd Whatley, as I sit down with the exceptional Samantha Shepherd, a beacon in the world of elder law and founder of Assured Trust. Our latest Elder Law Coach podcast episode promises to unveil the complexities of trust management through the lens of Samantha's admirable mission to provide fiduciary services rooted in compassion—a calling that came to fruition amid the unpredictability of a global pandemic. Her stories of navigating the creation of a trust compa...
Insights on Trustee Selection and Beneficiary Care with Samantha Shepherd
March 09, 2024 13:00 - 29 minutes - 20.1 MBEmbark on a journey with me, Todd Whatley, as I sit down with the exceptional Samantha Shepherd, a beacon in the world of elder law and founder of Assured Trust. Our latest Elder Law Coach podcast episode promises to unveil the complexities of trust management through the lens of Samantha's admirable mission to provide fiduciary services rooted in compassion—a calling that came to fruition amid the unpredictability of a global pandemic. Her stories of navigating the creation of a trust compa...
Mastering Elder Law: The Role of Irrevocable Trusts in Asset Protection and Medicaid Planning
February 24, 2024 18:00 - 20 minutes - 13.8 MBEmbark on a journey through the complex landscape of Elder Law with me, Todd Whatley, as your guide. Together we'll uncover the benefits and drawbacks of Irrevocable Trusts, a critical tool in asset protection. This episode promises to illuminate the path for safeguarding your clients' assets from Medicaid, while carefully considering the irreversible sacrifices that come with it. You'll gain insights into the delicate balance of asset protection, especially when handling family treasures li...
Ep 34 Mastering Elder Law: The Role of Irrevocable Trusts in Asset Protection and Medicaid Planning
February 24, 2024 18:00 - 20 minutes - 13.8 MBEmbark on a journey through the complex landscape of Elder Law with me, Todd Whatley, as your guide. Together we'll uncover the benefits and drawbacks of Irrevocable Trusts, a critical tool in asset protection. This episode promises to illuminate the path for safeguarding your clients' assets from Medicaid, while carefully considering the irreversible sacrifices that come with it. You'll gain insights into the delicate balance of asset protection, especially when handling family treasures li...
Ep 33 Navigating the Complexities of Long-Term Care Policies for Estate Protection
January 29, 2024 16:00 - 22 minutes - 15.4 MBUnlock the mysteries of long-term care insurance and its pivotal role in estate planning as I, Todd Whatley, alongside expert Bill Mathews, traverse the intricate terrain of safeguarding one's future. We tackle the big questions: What's the likelihood of needing long-term care, and how do traditional and hybrid policies stack up? Bill brings years of expertise to the table, offering a deep dive into the evolution of the industry and the strategic move towards hybrid models. Prepare to have y...
Navigating the Complexities of Long-Term Care Policies for Estate Protection
January 29, 2024 16:00 - 22 minutes - 15.4 MBUnlock the mysteries of long-term care insurance and its pivotal role in estate planning as I, Todd Whatley, alongside expert Bill Mathews, traverse the intricate terrain of safeguarding one's future. We tackle the big questions: What's the likelihood of needing long-term care, and how do traditional and hybrid policies stack up? Bill brings years of expertise to the table, offering a deep dive into the evolution of the industry and the strategic move towards hybrid models. Prepare to have y...
Exposing the Truth About Financial Planning and Investment Strategies
January 21, 2024 22:00 - 38 minutes - 26.4 MBUnlock the secrets to smarter financial decisions with Todd Whatley and our special guest, financial planner Ian Weiner. We're peeling back the layers of the financial industry to reveal the truth behind becoming a financial advisor and how this can impact the advice you trustingly follow. Our revealing discussion traverses the terrain of broker-dealers versus registered investment advisors, giving you an exclusive insider's perspective on the roles that shape these institutions. As you join...
Ep 32 Exposing the Truth About Financial Planning and Investment Strategies
January 21, 2024 22:00 - 38 minutes - 26.4 MBUnlock the secrets to smarter financial decisions with Todd Whatley and our special guest, financial planner Ian Weiner. We're peeling back the layers of the financial industry to reveal the truth behind becoming a financial advisor and how this can impact the advice you trustingly follow. Our revealing discussion traverses the terrain of broker-dealers versus registered investment advisors, giving you an exclusive insider's perspective on the roles that shape these institutions. As you join...
Ep 31 Building a Sellable Law Practice: Even if you are not selling.
November 23, 2023 17:00 - 22 minutes - 15.2 MBReady to unlock the potential of your law practice and navigate the complexities of elder law? Join me, Todd Whatley, as I sit down with financial gurus Joel Houser and Ian Winer to demystify the process. We examine the value of building a lucrative wealth team, delegating tasks beyond your expertise, and the importance of planning for the future sale of your practice from day one. We also delve into the necessity for regular business valuations and adopting effective business practices to e...
Building a Sellable Law Practice: Even if you are not selling.
November 23, 2023 17:00 - 22 minutes - 15.2 MBReady to unlock the potential of your law practice and navigate the complexities of elder law? Join me, Todd Whatley, as I sit down with financial gurus Joel Houser and Ian Winer to demystify the process. We examine the value of building a lucrative wealth team, delegating tasks beyond your expertise, and the importance of planning for the future sale of your practice from day one. We also delve into the necessity for regular business valuations and adopting effective business practices to e...
Epi 28 An Interview with Ashley Sharek: How Coaching Changed and Grew Her Office
September 24, 2023 14:00 - 12 minutes - 8.62 MBCurious about the intricacies of elder law and estate planning? Meet Ashley Sharek, an accomplished attorney from Pittsburgh, Pennsylvania, who skillfully navigates this complex terrain. Get rare insights into her captivating journey—from her early interest in estate planning to the thriving practice she runs today. Discover how coaching has been a game-changer for Ashley, equipping her to apply theoretical knowledge to specific cases with aplomb. Ashley's story doesn't end there; she brin...
Advancing your Legal Career: The Certified Elder Law Attorney Path. Todd Interviews CELAs
September 23, 2023 17:00 - 29 minutes - 20 MBAre you ready to unlock the secrets to becoming a Certified Elder Law Attorney (CELA) and gain a unique edge in your profession? We promise you'll find just that in our enriching conversation with the accomplished elder law attorneys Keith Miles, Teresa Bowman, Tye Cressman, Bob Fectman, Michael Delaney, Beth McDaniel, Angela Odensky, John McNair, and Shannon Lehman Pecoraro. These legal experts share their first-hand experiences on the journey to becoming a CELA, from the rigorous exam to t...
Ep 30 Advancing your Legal Career: The Certified Elder Law Attorney Path. Todd Interviews CELAs
September 23, 2023 17:00 - 29 minutes - 20 MBAre you ready to unlock the secrets to becoming a Certified Elder Law Attorney (CELA) and gain a unique edge in your profession? We promise you'll find just that in our enriching conversation with the accomplished elder law attorneys Keith Miles, Teresa Bowman, Tye Cressman, Bob Fectman, Michael Delaney, Beth McDaniel, Angela Odensky, John McNair, and Shannon Lehman Pecoraro. These legal experts share their first-hand experiences on the journey to becoming a CELA, from the rigorous exam to t...
Finding Fulfillment as an Attorney: Elder Law - Personal Anecdotes and Insights. Todd interviews CELAs
September 23, 2023 14:00 - 32 minutes - 22.1 MBYou're an attorney, fresh out of law school or a seasoned veteran. Do you love your job? If not, you should consider elder law. Today, you'll hear the raw, real, and riveting stories of other attorneys, just like you, who have found a unique passion in this field. That's exactly what this episode offers, as we open the floor to attorneys from across the nation, sharing their personal journey in elder law. Ever wondered how elder law can have generational effects? Or how attorneys can bec...
Ep 29 Finding Fulfillment as an Attorney: Elder Law - Personal Anecdotes and Insights. Todd interviews CELAs
September 23, 2023 14:00 - 32 minutes - 22.1 MBYou're an attorney, fresh out of law school or a seasoned veteran. Do you love your job? If not, you should consider elder law. Today, you'll hear the raw, real, and riveting stories of other attorneys, just like you, who have found a unique passion in this field. That's exactly what this episode offers, as we open the floor to attorneys from across the nation, sharing their personal journey in elder law. Ever wondered how elder law can have generational effects? Or how attorneys can bec...
Epi 27 Michael Wall from DocuBank
July 19, 2023 21:00 - 24 minutes - 16.8 MBToday we have a guest, Michael Wall. He is with Docubank. This company provides many benefits to your clients for very little money. Mainly, they make the client's medical documents available to them with online access with a card for their wallet. They will also make sure the client's physician has a copy of their documents. This is a great benefit for the client but Docubank does a great job of promoting you as the client's attorney in many ways also. It is a great partnership. Join...
Epi 28 Introduction to InterActive Legal Estate Planning Software
June 19, 2023 18:00 - 28 minutes - 19.6 MBToday Todd has a special guest, Teresa Bush from InterActive Legal. Todd uses ILS and he talks with Teresa about the benefits of 1) using software to draft documents and why you should and 2) Why InterActive Legal is the software you should be using. Teresa is super interesting and discusses some of the "behind the scene" workings of ILS and how they create great documents and help you in many aspects of your practice. Join us today as we meet Teresa Bush of InterActive Legal. Get your f...
Epi 26 Revenue Ruling 2023-2 DON'T PANIC, It's OK.
May 25, 2023 15:00 - 17 minutes - 12 MBToday Todd and Sara talk about a new IRS Ruling that would indicate that the real estate in an Irrevocable Trust would not get a step up in basis. That is true if you do a trust that is not intentionally defective. We as Elder Law Attorneys know to do the trust with language that ties it back to the estate for the step-up in basis and that rule is still in place. Join us today for a podcast that will confirm what you are doing and will settle your nerves if you heard something else. Chec...
Epi 25 The Importance of the Healthcare Directive
February 13, 2023 21:00 - 25 minutes - 17.2 MBMany times over looked, if done at all, is the Advanced Directive or Healthcare Directive. This is a crucial document for the elderly client and their family to make sure the end of life care is done as they want. Today, Todd and Sara discuss this very important document and why it should be part of the required documents you should have every client execute. Check out our new website www.TheElderLawCoach.com.
Epi 24 The Importance of the Advanced Directive
February 13, 2023 18:00 - 25 minutes - 17.2 MBTodd and Sara today talk about an often overlooked and ignored document that really pretty important, The Advanced Directive, sometimes known as the Living Will. This document is a necessary document in the senior's estate planning documents. Listen to this episode to learn the intricacies of this document and why it should be part of your "package of documents". Check out our new website www.TheElderLawCoach.com.
Epi 23 Interview Techniques for a Client with Dementia.
November 28, 2022 17:00 - 30 minutes - 21.1 MBToday, Todd and Sara talk about how to interview a client (potential client) who has dementia. These are tough meetings if you don't know the brain process and how to work with that issue. Sara, as a Social Worker and Nursing Home Administrator, has lots of experience with this topic and she shares some of her tips and techniques. Todd, having done thousands of meetings with clients with dementia along with their family, shares his practice tips and suggestions for getting the information...
Epi 22 The Disabled Child Exemption to Gifting Penalties
November 22, 2022 01:00 - 25 minutes - 17.9 MBHaving a disabled child is tragic. The Medicaid rules allow us to plan a parents estate to help protect that child allowing us to protect a very large amount of the estate from transfer penalties. However, there are some intricacies that you must be aware of when discovering this information and using this to help the client and the disabled child. Today, Todd talks about the meeting tactics when you discover this and how to get the family to hire you to help them through this seemingly e...
Epi 21 Four Words to Help Get Your Client the Care They Need
November 21, 2022 14:00 - 19 minutes - 13.4 MBToday, Todd pulls from his PT career to help you when your client's family calls you to say that their loved one is being discharged from rehab when they are not where they should be. The therapy people have a special code and language they use that most others don't know about. Today, Todd shares with you some of that secret language and explains how is SHOULD work. Also, there is a overwhelming perception that a client must be discharged when they stop making progress. That is a common...
Epi 20 Presenting the Single Medicaid (Half-a-Loaf Explained)
June 01, 2022 22:00 - 26 minutes - 18.1 MBWorking with the family who is needing Medicaid for the Single Person can be a challenge. It's also really exciting since most families really believe they are going to lose everything now that care is needed. In today's episode, Todd explains the rules for the single person and how to present it to the client. He also fully explains the Half-a-Loaf strategy and also shows you how to make saving half-a-loaf into 60-70% of the loaf. Todd offers you his Golden Formula for calculating how m...
Epi 19 How To Present the Married Medicaid Crisis Plan
June 01, 2022 20:00 - 36 minutes - 25 MBThis is probably the most beneficial presentation to clients you can give. The spouse and the kids come in having just put their loved one into the nursing home thinking they are going to spend thousands of dollars every month for a really long time. You can help these people but how to you present it to them without "giving away the farm" and giving them enough information to know you can help and why you are worth the fee you are charging. Here is how you do it. Todd has been doing t...
Episode 18. Doing the Correct Power of Attorney for Your Clients
April 23, 2022 23:00 - 28 minutes - 19.7 MBI tell clients and during public speaking events that the Power of Attorney is THE most important document a senior can do. Therefore, you as an elder law attorney need to provide the best POA document you can to your clients. Your clients NEED this document. Today, Todd and Sara discuss the 9 powers that need to be in a Power of Attorney so that your client is protected and able to save what they have and not go broke trying to pay for care. Please listen to this episode and up your gam...
Epi. 17 Married Medicaid Spend-down
April 21, 2022 17:00 - 30 minutes - 21.2 MBOne of the most helpful things you as an Elder Law Attorney can do for a family is help them get the care they need for a spouse without losing everything they have. Many people don't understand the Medicaid rules allow a family to protect almost everything when a married person needs long term care. Today, Todd talks about the basic Medicaid Spendown techniques used to protect everything for a married couple. Listen today to learn how to really help families and help your practice. Chec...
Episode 16 Working with a Client with Diminished Capacity.
April 21, 2022 16:00 - 25 minutes - 17.7 MBThis is probably one of the most important podcasts that I've done. We as a profession do not do a good job when dealing with the client with diminished capacity. Elder Law attorneys work with many people that have diminished capacity. If your position here is "since they have a diagnosis of dementia, then they can't sign documents", you MUST listen to this episode. It will change your world. I beg you to take 25 minutes out of your day and listen to this podcast and help those with dim...
Epi 15 How It Should Work When Done Right
March 19, 2022 13:00 - 28 minutes - 19.3 MBToday I interview a client's child from a long way back, Mac. This interview is a great way to see how things should work when you do good work for a family. This podcast episode discusses the issues clients are looking experiencing and how our work, when done correctly, really does help them. When you treat clients and their families like family, they will trust appreciate what you do and will still be your friend 16 YEARS later and insist they come on and talk about their experience. I...
Epi 14 Minnesota Irrevocable Trust Case - Don't be Afraid of the State
February 07, 2022 01:00 - 22 minutes - 15.2 MBI talk about this case as encouragement for you Elder Law Attorneys out there helping your clients and the State Medicaid authority says you are doing it wrong. I used to think that "The State" was all knowing and if they said I did something wrong, then I must have been at fault. I quickly learned that they have an agenda and they may not know the rules a well as you do. If you really know the rules, I'm going to say you know the rules better than most of them. This podcast shows how th...
Epi 14 Minnesota Irrevocable Trust Case - Don't be Afraid of the State
February 07, 2022 01:00 - 22 minutes - 15.2 MBI talk about this case as encouragement for you Elder Law Attorneys out there helping your clients and the State Medicaid authority says you are doing it wrong. I used to think that "The State" was all knowing and if they said I did something wrong, then I must have been at fault. I quickly learned that they have an agenda and they may not know the rules a well as you do. If you really know the rules, I'm going to say you know the rules better than most of them. This podcast shows how th...
Epi 13 What Should I bring to the Elder Law Attorney initial meeting?
February 04, 2022 23:00 - 34 minutes - 23.8 MBCoaching clients ask me all the time what exactly do we need to get from the client for the first meeting. I did a podcast for my other platform, Answers on Aging (you should listen and have your clients listen to this one). I'm posting it here since I think it's something you can share with clients but if you ever wondered what all we would need for a first meeting, this covers it. Check out our new website www.TheElderLawCoach.com.
Epi 12 How to Avoid Price Shock
December 07, 2021 16:00 - 19 minutes - 13.1 MBClients routinely hire me for the exact same price that other attorneys quoted them, but didn't hire them because "it was too high". There is a process of conducting the first meeting with a client so that the fee you quote them is reasonable and "makes sense" under the circumstances. Join me today and we discuss how to prepare the client for a Medicaid case and the fee associated with the work you are going to do for the client. Learn how to properly prepare the client for the fee and if...
Epi 22 How Do I (hopefully) Ensure Harmony at the time of my death
August 11, 2021 11:00 - 27 minutes - 18.9 MBJoin us as we give you 5 tips to help ensure that your passing will be as harmonious as possible. Also, you get to hear our new Intro. We are pretty proud of it!!!!
Epi 11 What is a Certified Elder Law Attorney (why you want to be one)
May 02, 2021 18:00 - 29 minutes - 20.6 MBOn this episode, I interview Marilyn Miller, the current President of the National Elder Law Foundation. We discuss what a CELA , how to become one and why you probably want to become one if you focus on Elder Law. Check out our new website www.TheElderLawCoach.com.
What is a Certified Elder Law Attorney (why you want to be one)
May 02, 2021 18:00 - 29 minutes - 20.6 MBOn this episode, I interview Marilyn Miller, the current President of the National Elder Law Foundation. We discuss what a CELA , how to become one and why you probably want to become one if you focus on Elder Law.
Episode 7 Who is the Client?
March 28, 2021 18:00 - 12 minutes - 8.86 MBIt's crucial that you know who the client is. In no other area of the law is this such a strange concept. However, in Elder Law you have to know who the client is and make sure everyone else knows who the client is. Some Elder Law Attorneys think differently on this topic so this is not the "end all" discussion of the topic but it is something you should think about and resolve in your practice if you want to be a proficient Elder Law Attorney. Check out our new website www.TheElderLawCo...
Episode 10 Avoiding Probate is good for Business
March 28, 2021 18:00 - 14 minutes - 9.83 MBAvoiding probate is a key tool in the Elder Law Practice. Our clients don't need to go through probate and shouldn't go through probate (prove me wrong!!!). But how is foregoing this whole area of work good for your practice? Listen and I will tell you how following this concept will help you stand out among the "other attorneys" who dabble in this and do what they have always done. Avoiding probate is really great for business. Listen as I explain how. Check out our new website www.Th...
Episode 9 Client Confidentiality
March 28, 2021 18:00 - 18 minutes - 13 MBClient confidentiality is crucial in any law practice. However, in Elder Law it gets a little tricky almost every time. Elder Law attorneys usually have to talk to lots of other people beside their clients. Sharing information is crucial and in the best interest of the client. However, you have to abide by the ethical rules. Listen as Todd covers those areas and makes sense out of this very basic rule applied to the Elder Law practice. Check out our new website www.TheElderLawCoach.com.
Episode 8 Part 3 Exempt Transfers
March 02, 2021 23:00 - 33 minutes - 22.9 MBThis information is GOLD. The information in this podcast will teach you how to help clients on a whole different level!!!!!! When a client meets the qualifications for an exempt transfer, you should recognize it and advise them of the exemption. Helping them with exempt transfers will pretty make sure they hire you to make sure it's done correctly. These rules really do help clients and you need to know it. Questions or comments can be sent to [email protected] Check out our new...
Episode 8 part 1 Gifting
March 02, 2021 23:00 - 16 minutes - 11.2 MBWe delve into an issue that comes up in LOTS of cases and is a planning tool in many cases. We don't discuss planning just yet but in Part one we cover the basics up to the "Penalty Period". Let me know if you have questions at [email protected] Check out our new website www.TheElderLawCoach.com.
Episode 8 Part 2 Starting the Penalty Period
March 02, 2021 23:00 - 14 minutes - 9.98 MBThis is CRUCIAL to working with clients that have gifting in their past or if you use gifting to plan for Medicaid. This episodes discusses and explains the Penalty Period and how to make sure you start the penalty. Questions to [email protected] Check out our new website www.TheElderLawCoach.com.
Episode 6 Miller Trusts
February 20, 2021 19:00 - 17 minutes - 11.8 MBNot every state requires an Qualifying Income Trust but if you practice in a state that does have an Income Cap, you MUST understand Miller Trusts. They are simple in concept but very complicated in their function and their importance. Join me here to learn about these tricky devices. Check out our new website www.TheElderLawCoach.com.
Episode 5 Income
February 20, 2021 19:00 - 14 minutes - 9.97 MBOne of the basic concepts you have to understand when advising a client for Medicaid is income. You must understand the income rules and you must be able to distinguish what is income and what are assets. Here I discuss income and some of it's intricacies when it come to married applicants. Questions or Comments? Email me at [email protected] Check out our new website www.TheElderLawCoach.com.
Episode 3 Assets: Countable vs. NonCountable
February 13, 2021 15:00 - 12 minutes - 8.55 MBThis is the very basic starting point in Medicaid planning. You must know what Medicaid is going to look at for the person applying for Medicaid. Here, I discuss a person's assets and then lay out what is countable and what is not countable. If you are new to Elder Law, start here to get a good foundation and then continue as I progress through the process. You can email me at [email protected]. I would love to hear from you. Check out our new website www.TheElderLawCoach.com.
Episode 4 Jointly Owned Assets
February 13, 2021 15:00 - 12 minutes - 8.66 MBIn episode 3, I discuss assets in general and what Medicaid counts and what they don't count. Here, I discuss one of the more confusing aspects of Medicaid (especially in the public's eye) is jointly held assets. How does Medicaid look at an asset that is owned by the applicant and another person. Medicaid views it differently if the other owner is a spouse or a non-spouse. They even look at it differently depending on the asset and even how the asset is titled. This episode jumps int...
Episode 2 Is Medicaid Planning Ethical?
February 13, 2021 15:00 - 10 minutes - 7.43 MBI address this early in the series, is it ethical to "plan for Medicaid"? I hear this periodically from people and even from other attorneys and Judges. I address the issue and use my most popular argument that in my mind and everyone I have told this to sees that Medicaid planning is ethical and helps people that really do need it by leveling the playing field for those with moderate assets. Listen and let me know what you think at [email protected]. Check out our new website ww...
Episode 1 What is Elder Law?
February 13, 2021 14:00 - 8 minutes - 5.68 MBIn this episode I discuss what Elder Law is and why you may want to transition your practice to Elder Law. It's a great practice field and I encourage you to at least look into it. Subscribe to my podcast and you will get all the information you need to become proficient in Elder Law. Check out our new website www.TheElderLawCoach.com.