Elder and Estate Planning Lawyer in Elyria, Ohio
At Brumbaugh Law Firm, we help Elyria families with elder law and estate planning: wills, powers of attorney, trusts, and Medicaid planning for long-term care. Michael Brumbaugh has guided Ohio families through these decisions since 2002. The firm holds BBB A+ accreditation and is a member of Ohio NAELA, the National Academy of Elder Law Attorneys.
Elder and estate planning puts the right legal tools in place so a person’s money, property, and medical care are handled the way they want.
Medicaid planning looks at how the state program that can help pay nursing home costs applies to your family. According to Caring.com’s 2024 Wills and Estate Planning Study, only 32% of U.S. adults currently have a will or other estate planning document.
Why Elyria Clients Choose Brumbaugh Law Firm
Education before any commitment
The free “3 Secrets of Estate Planning and Asset Protection” workshop explains how a will, a power of attorney, a trust, and Medicaid planning each work. You learn first, then decide.
Real grounding in elder law
Michael Brumbaugh is a member of Ohio NAELA and the firm has served Ohio families since 2002. Lorain County Probate Court procedures, including guardianship filings, are familiar ground.
Steady help in a Medicaid crisis
Even after a someone enters a nursing home, there are usually still options worth reviewing, including steps available during a spend-down.
No-drama, discreet counsel
The firm avoids litigation and high-conflict matters, keeping the focus on care decisions rather than family arguments.
Plans that get finished
Documents are signed and implemented, not left half-done. Trust funding assistance is made available. That record shows in a 5.0-star client rating and BBB A+ accreditation.
Get Trusted Legal Support Today
For straightforward legal advice and representation, contact Brumbaugh Law. Call (419) 504-4674 to schedule your consultation.
What Our Clients Say About Brumbaugh Law Firm
“They walked us through every Medicare hoop with patience, kindness, and true compassion, turning what felt like an overwhelming process into something we could actually understand.” Terra U.
“We both feel a lot better and relieved that everything will be taken care of as we get older. A huge burden off of our shoulders and our children’s plates.” James & Linda T.
“We were going to lose our house, cars, everything… After getting the Brumbaugh Law Firm on the job, we were able to keep our house and cars.” John W
“Everyone there went out of their way to make things pleasant… Even today, I know if I should ever need further assistance, I can call and be treated wonderfully well.” Karen B
“We attended the group 3 Secrets to Estate Planning, and the Blueprint session. My husband and I both found Michael Brumbaugh very informative and personable.”, Susan M.
Compare Wills, Revocable and Irrevocable Trusts, and Powers of Attorney in Elyria
These four tools do different jobs. A will directs who inherits after death. A power of attorney lets someone you name handle money or medical decisions while you are alive. A revocable living trust keeps assets out of probate court. A Medicaid asset protection trust is built for long-term care costs. Most families need more than one tool in their estate plan.
A simple will still goes through probate. In Lorain County, that means a filing with the Probate Court and months of waiting before heirs receive anything.
A power of attorney and a healthcare directive work during incapacity, not after death. If a parent is already in rehab after a fall and cannot sign, the alternative is guardianship, a court process where a judge appoints a decision-maker.
A revocable trust avoids probate and names a successor trustee who can step in immediately if your parent can no longer manage finances.
A Medicaid asset protection trust is irrevocable, trading flexibility for the chance to shelter certain assets from being forced to be spent on long-term care costs. Ohio’s five-year look-back period applies, which is why timing matters and why options narrow in a crisis.
Even after a health event, there are usually still steps worth taking. Our free “3 Secrets of Estate Planning and Asset Protection” workshop walks through these choices so families can compare them before committing to anything.
What Brumbaugh Law Firm Handles for Elyria Clients
- Last wills and testaments
- Revocable living trusts
- Durable powers of attorney
- Healthcare directives and living wills
- Medicaid eligibility planning
- Crisis Medicaid applications
- Asset protection trusts
- Long-term care planning
- Guardianship avoidance planning
- Estate plan funding and implementation
Where We Serve in Elyria
- Downtown Elyria
- Eastern Heights
- East Elyria
- North Elyria
- South Elyria
- Chestnut Ridge Heights
- College Park
- College Heights
- Hillcrest
- Laundon
- Parkwood Estates
- Pikewood Manor
- Robin Park
- University Oaks
- Broad Street Heights
- East Broad Street Heights
Is It Too Late to Do Medicaid Planning if a Parent Is Already in a Nursing Home?
No. Medicaid planning can still be effective after a parent has entered a nursing home. In Ohio, this is commonly called Medicaid crisis planning, and it helps families explore eligibility for long-term care coverage when nursing home expenses are already accumulating.
Common crisis planning strategies include:
- Asset Spend-Down: Using excess countable assets for legitimate expenses, such as medical bills, home repairs, or qualifying prepaid funeral arrangements.
- Spousal Protections: Preserving certain income and assets for a spouse who continues living at home.
- Exempt Asset Planning: Identifying assets that may not count toward Medicaid eligibility, including a qualifying primary residence, personal belongings, and certain vehicles.
- Medicaid Application Assistance: Reviewing financial records, eligibility requirements, and previous asset transfers before submitting an application.
The Team Behind Brumbaugh Law Firm in Elyria
Michael started Brumbaugh Law Firm in 2002, and for more than two decades the firm has helped Ohio families plan ahead with confidence and care. What began as a general practice became a trusted elder law and estate planning firm built on education, transparency, and community ties.
Michael is a teacher at heart and believes informed decisions lead to real protection and peace of mind. His wife, Pam, who is not a lawyer, comes from a social work background with decades of community service, and she guides families through the hardest conversations with care and clarity.
How Does Ohio’s Medicaid Five-Year Look-Back Period Work?
Ohio Medicaid generally reviews asset transfers made during the 60 months (five years) before the applicable Medicaid eligibility baseline date when determining whether an applicant qualifies for long-term care coverage.
Under Ohio Administrative Code § 5160:1-6-06, transferring assets for less than fair market value during this period may result in a penalty that temporarily prevents Medicaid from paying for nursing home care.
Common transactions that may trigger additional scrutiny include:
- Gifting Money: Giving money to children, grandchildren, or other family members.
- Transferring Real Estate: Adding a child’s name to a property deed or transferring ownership of a home without receiving fair market value.
- Selling Assets Below Market Value: Selling a home, vehicle, or other property to a relative for significantly less than its actual value.
- Paying Family Expenses: Covering a grandchild’s tuition or another relative’s expenses without receiving equivalent value in return.
- Certain Trust Transfers: Moving assets into trusts that do not meet Medicaid’s exemption requirements.
Not every transfer results in a penalty. Ohio recognizes exceptions for qualifying transfers to spouses, certain disabled children, and other eligible family members.
What to Expect Working with Brumbaugh Law Firm in Elyria
1. Consultation Or Workshop
Start with a meeting or attend the free “3 Secrets of Estate Planning and Asset Protection” workshop. You will learn how a will, a power of attorney, a trust, and Medicaid planning differ, and which ones apply to your family’s situation.
2. Needs Assessment
We look at the full picture: health status, care setting, assets, family dynamics, and timing. If a parent is already in rehab or a nursing home, there are still options worth reviewing. The fee structure for your situation is explained before any work begins.
3. Plan Design And Options Comparison
You see your realistic choices side by side, including what each one does for long-term care costs and Medicaid. No decision is made for you, and nothing is rushed.
4. Document Drafting
Once you choose a direction, we prepare the documents, including anything needed for Lorain County Probate Court filings such as guardianship petitions.
5. Funding And Implementation
Signed documents alone do not finish the job. We are available to assist you in getting accounts retitled, beneficiaries updated, and the plan put fully into place.
6. Periodic Plan Review
Health, laws, and family situations change. We revisit your plan so it still fits, with facility visits available when a parent cannot travel.
Frequently Asked Questions About Elder Law and Estate Planning
What Is The Difference Between A Will, A Power Of Attorney, And A Trust In Ohio?
A will directs who receives your property after death and goes through Lorain County Probate Court. A power of attorney (POA) lets someone you name handle money or medical decisions while you are alive, and it ends at death.
My Mom Just Had A Stroke And Never Signed A Power Of Attorney. What Now?
If she can no longer understand and sign documents, no one can create a POA for her, and the family usually has to petition Lorain County Probate Court for guardianship, a court-supervised role that allows someone to make decisions for her. Guardianship takes time and court oversight, so acting quickly matters.
Will My Parent Lose The House If They Need Nursing Home Care?
The home is usually not counted while a spouse or the applicant intends to return, but Ohio’s estate recovery program can seek repayment from the estate after death. Planning options may exist to still protect the home depending on who is on the deed and when the home was transferred.
Do I Really Need A Lawyer For A Medicaid Application, Or Can I Do It Myself?
You can file on your own, but crisis applications involve asset verification, spend-down rules, and penalty calculations where a single mistake can delay coverage for months.
My Siblings Disagree About Dad’s Care. Can You Still Help?
Yes. We focus on clear information and planning documents, not litigation, and we keep conversations calm and private.
What If My Parent Cannot Travel To An Office Appointment?
We arrange visits at home, in a hospital, or at a rehab or nursing facility when a client cannot travel.
How Often Should An Existing Estate Plan Be Reviewed?
Every three to five years, and sooner after a death, divorce, remarriage, a major health change, a move to Ohio from another state, or a sale of property.
Helpful Resources in Elyria for Estate Planning and Elder Law
- Lorain County Probate Court
Handles wills, estate administration, guardianship proceedings, and related filings for residents of the county.
- Lorain County Recorder’s Office
Maintains official land and property records, including deeds used in trust and estate transfers.
- Lorain County Clerk of Courts
Manages civil court filings and public records for ongoing and closed legal proceedings.
- Lorain County Department of Job and Family Services
Administers Medicaid applications and benefits that many seniors rely on for long-term care coverage.
- Lorain County Office on Aging
Connects older adults and caregivers with community services, care coordination, and assistance programs.
- Ohio Legal Help, Lorain County
Provides general legal information and referral resources to Ohio residents navigating civil matters.
- Lorain County Adult Protective Services
Investigates reports of abuse, neglect, or exploitation of vulnerable adults in the county.
- Elyria Memorial Hospital (UH Elyria Medical Center)
A regional hospital that may be involved in capacity assessments or care decisions relevant to guardianship cases.
- Lorain County Auditor’s Office
Maintains property valuation and tax records frequently consulted during estate asset assessments.
- Social Security Administration, Lorain Field Office
Processes benefits, representative payee requests, and disability determinations for local residents.
- Ohio Bureau of Motor Vehicles, Elyria Branch
Handles title transfers for vehicles that are part of a decedent’s estate.
Schedule Your Elyria Elder Law Consultation Today
If a parent just had a fall, a diagnosis, or a hospital stay, the first step is getting clear answers about powers of attorney, Medicaid, and long-term care costs. Even when care has already started, there are usually still options worth reviewing, and nothing gets decided in that first conversation.
Call us to reserve a seat at the free “3 Secrets of Estate Planning and Asset Protection” workshop. We will explain how fees work up front, discuss flexible scheduling, and talk through options for a parent who cannot easily travel.