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The Elder Law Coach

Author: Todd Whatley

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Todd 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.

70 Episodes
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Send us Fan Mail When an older adult insists they’re “fine” while the stove keeps getting left on, meds are missed, and falls are piling up, families often want one thing from their lawyer: make this happen. I share how I handle that moment, step by step, without jumping straight to guardianship and stripping someone’s rights just because it feels faster. We start with the core scenarios elder law attorneys see constantly: a needed move to assisted living or a nursing home, and the refusal t...
Send us Fan Mail We talk with Rima Nathan of Florida State University’s Claude Pepper Elder Law Clinic about training law students to serve older adults with skill, care, and clear ethics. We dig into financial exploitation, crypto scams, and dementia related capacity so we protect clients without rushing to guardianship. • running an elder law clinic that functions like legal aid for adults 60 and older • preparing young attorneys for client meetings involving incapacity, family confl...
Send us Fan Mail We break down the 2026 update to Rule 1.14 and why a dementia diagnosis does not automatically mean a client loses the right to sign legal documents. We share real stories from nursing homes and hospitals, then translate the rule comments into practical steps that help clients keep as much autonomy as possible while we still manage risk and undue influence. • why presuming incapacity because of dementia violates ethical duties • how the renamed “decision-making l...
Send us Fan Mail 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 sti...
Send us Fan Mail We share a seven-step intake method that turns stressed family stories into a clear Medicaid plan, backed by simple tools that raise trust and close rates. From appreciation to a confident close, we show how to ask, verify, and present value with precision. • leading with gratitude to set tone • letting clients talk to build trust • drilling down on status of care, assets, income • summarizing facts and confirming in writing • setting fee ranges tied to value protected • ana...
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