Navigating Aging, Care Options, and Medicaid Planning in Minnesota
Boulay offers Elder Law Services as part of our affiliation with Kremer Law.
Getting older is something we all face. Planning for it is something most of us put off.
The reality of aging rarely looks the way we . Costs rise faster than families anticipate, and a health crisis can upend everything before legal and financial arrangements are in place. The result? Loved ones are left scrambling, often without the legal authority or financial footing to make decisions for the people they love. In Minnesota, the stakes are especially high. The statewide average payment for skilled nursing facility care exceeds $11,000 per month in 2026, a cost few families are prepared for.
With the right guidance, those moments look different. Boulay’s elder law team helps aging individuals and their families shift from urgency to clarity. Whether you are just beginning to think about the road ahead or are facing decisions that can’t wait, we are here to help you navigate what comes next.
What Is Elder Law?
Elder law is a specialized area of legal practice focused on the needs of aging individuals and their families. It spans estate planning, government benefits, long-term care, and family advocacy, and it requires elder care attorneys who understand both the applicable law and the practical realities that families face.
Elder law services involve:
- Long-Term Care Planning and Asset Protection: Helping families plan for the costs of assisted living, memory care or nursing home stays, including navigating Medicaid (Medical Assistance) eligibility and protecting assets from being depleted by care costs.
- Estate Planning: Drafting wills, trusts, powers of attorney, heathcare directives and special needs trusts to ensure medical and financial wishes are honored.
- Guardianship and Conservatorship: Managing legal proceedings when an individual can no longer make safe or sound decisions for themselves and has not previously designated a decision-maker.
- Elder Protection: Addressing concerns related to financial abuse, neglect or exploitation of older adults.
Our elder care legal services are designed to help individuals and families make informed, timely decisions.
Meeting You Where You Are
We work with Minnesota individuals and families at every stage of planning:
Elder Law Services for Minnesota Residents
Medical Assistance is Minnesota’s Medicaid program and a primary funding source for long-term care, covering nursing home care, assisted living and home-based services. We handle applications, ongoing eligibility and DHS appeals, and provide guidance across programs including the Long-Term Care Program, Elderly Waiver, CADI, MSHO and MA-EPD. We also navigate complex rules like the five-year lookback period and transfer penalties.
Whether you are planning ahead or in immediate need of care, we develop a strategy suited to your situation. For those more than five years from needing care, we help establish Medicaid Asset Protection Trusts (MAPT) or irrevocable trusts to protect your assets. In crisis situations, we work to accelerate Medicaid eligibility through methods like strategic gifting and Medicaid Compliant Annuities. We also offer in-home care planning and placement guidance.
Our approach to estate and trust planning is built around your life goals in terms of retirement planning, charitable giving and caring for loved ones. We develop a comprehensive estate plan, tailored to your objectives, that gives you confidence in the future of your estate. Learn more about our estate and trust planning services.
When a vulnerable adult is being exploited or abused, timely legal action can make all the difference. We work with families to identify and address exploitation and other forms of harm, and provide guidance on the legal steps available to protect their loved one and recover what they may have lost.
Guiding You Through What Comes Next
Elder law is rarely just a legal matter. It is a deeply personal one, often navigated during some of the most stressful moments a family will face. Our role is to walk alongside families through every step of the journey.
GET THE FULL PICTURE
We begin with a comprehensive assessment of current and anticipated care needs, financial assets, existing legal documents and potential eligibility for public benefits.SEE YOUR OPTIONS CLEARLY
We translate complex rules into clear, practical guidance, whether that involves Medical Assistance planning, asset protection strategies or establishing essential documents like powers of attorney and healthcare directives.MOVE FORWARD TOGETHER
We lead the legal and administrative work while keeping you supported, informed and never alone in the process.
SUPPORT THAT CONTINUES
As your situation evolves, we are ready to adjust the plan and help you face what comes next with confidence.Elder Law Leader
Start Planning for Long-Term Care
Our Elder Law team helps you make informed decisions about long-term care, asset protection and Medical Assistance. Whether you are planning ahead or facing an immediate care need, we work with you to build a clear, practical plan.
Legal services are offered by Kremer Law as part of their affiliation with Boulay.
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Common Questions About Elder Law
An elder law attorney helps older adults and their families plan for long-term care, protect assets and navigate programs like Medical Assistance.
As early as possible. Medicaid’s five-year lookback period means that when you apply, the state reviews any assets transferred below fair market value, including gifts, home transfers or undervalued sales, and may impose a penalty period during which Medicaid will not cover costs. The earlier you plan, the more options you have. Starting ahead of that window allows for greater asset protection and more control over future care decisions. That said, our elder law team also works with families facing urgent situations, including when care is needed immediately.
Estate planning prepares for asset distribution and care after death through wills and trusts. Elder law tends to focus on planning during life, such as qualifying for government benefits, safeguarding assets for long-term care, and delegating medical and financial decision-making authority. The two areas often overlap, and our Elder Law team can help you determine what services are appropriate for your situation and when.
Look for an attorney with experience in elder law, Medical Assistance planning and long-term care issues in your state. Because Medical Assistance rules and eligibility requirements vary significantly by state, it is important to work with an attorney who is licensed in Minnesota and understands these programs thoroughly. Many Minnesota families choose to work with us because of our wide range of services tailored to their needs, as well as our personal and practical approach to planning.
Elder law decisions are among the most personal a family can face. Through our affiliation with Kremer Law, families have access to a fuller picture than most other elder law firms, with accounting, tax, wealth management, and estate and trust services all under one roof. Our team brings deep expertise in elder law alongside a genuine understanding of what families are navigating, and they are committed to guiding you through it with clarity and care.
Both are Minnesota Medical Assistance programs that help cover home and community-based care, but they serve different populations. The Elderly Waiver supports adults 65 and older, while the Community Access for Disability Inclusion (CADI) waiver is designed for younger individuals with disabilities. Individuals already enrolled in CADI before age 65 may remain on the program after turning 65, provided they continue to meet disability certification requirements and require nursing home-level care. Our team can help determine which program fits your situation.
A Medical Assistance Protection Trust (MAPT) is a legal tool that can help protect assets from being spent down on long-term care costs while preserving eligibility for Medical Assistance. Planning ahead with a MAPT can make a significant difference in what you are able to leave behind for your family.
Get Connected
To learn more about how we can help, contact us by phone at 952.893.9320 or email us.