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Most lawyers can draft a trust. Far fewer can explain which trust actually solves a client’s elder law problem when dementia, long-term care costs, or Medicaid eligibility show up at the worst possible time. We get practical about what each major trust is designed to do, where the common misunderstandings start, and how to build estate planning that holds up under real pressure.

We walk through the revocable living trust as the classic probate-avoidance tool and why it’s still valuable for privacy and incapacity planning. Then we tackle the mistake we see constantly: clients assuming a revocable trust protects assets from Medicaid. It doesn’t, because Medicaid eligibility turns on benefit and control. From there, we talk about irrevocable trusts and why “irrevocable” alone means nothing for Medicaid planning unless the trust is drafted so the applicant can’t benefit in ways that make assets countable. That’s where the Medicaid Asset Protection Trust comes in, plus the five-year lookback and the judgment calls about what should and should not be transferred.

We also unpack special needs trusts in plain language, including the critical difference between first-party special needs trusts with a Medicaid payback requirement and third-party special needs trusts that let families support a disabled loved one without wrecking benefits. We round out with subtrust planning for kids to protect inheritances from divorce, bankruptcy, or lawsuits, and pooled trusts as a smart option when the amount is too small to justify a standalone trustee arrangement. If you want deeper training, check out the upcoming Transformation Weekend details at theelderlawcoach.com, and if this helped, subscribe, share it with another attorney, and leave a review.

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