The Elder Law Coach

Hosted by Todd Whatley

Business Entrepreneurship Education

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Latest episode

Aug 2026

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EN-US

About the show

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.

Listen to episodes

60 recent

August 4, 202616 min

Getting Resistant Elder Law Clients To Say Yes

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 to sign a power of attorney even when unpaid bills and declining capacity are obvious. I explain exactly how I open the conversation if the person is already my client versus someone I’ve never met, then how I surface the facts in plain language without getting trapped in arguments and excuses. From there, I lay out a progression that escalates appropriately, including the very real possibility of Adult Protective Services involvement when safety issues are documented by family, doctors, or law enforcement. Finally, we talk about the hard line, the point where your tone has to change and the client needs a clear choice between going willingly or having a judge impose an outcome that is more expensive, more public, and far less in their control. The goal is not to bully anyone. The goal is to protect vulnerable people, keep families out of trouble, and use the least restrictive solution whenever possible. If you want more practical elder law coaching on Medicaid planning, estate planning, and crisis planning conversations like this, subscribe, share this with another attorney, and leave a review so more listeners can find the show. Check out our new website www.TheElderLawCoach.com.

June 4, 202630 min

How A Law School Elder Law Clinic Trains Practice Ready Attorneys (Plus other good stuff)

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 conflict, and professional responsibility • avoiding over attachment while centering dignity, autonomy, and informed choice • teaching difficult end of life conversations through reflection and practical tools • spotting elder financial exploitation including romance scams and deceptive contracts • responding to crypto and cryptocurrency ATM scams with legal pressure and investigation • using Florida’s financial exploitation injunction to freeze assets quickly • drafting powers of attorney with protections that support fast intervention • resisting automatic guardianship after a dementia diagnosis by focusing on context and capacity • collaborating with social work, criminology, and aging policy professionals for holistic support • listening better to build plans based on values, not templates • making time for pro bono work to keep families and courts out of crisis For more resources, training, and coaching, visit theelderlawcoach.com. Check out our new website www.TheElderLawCoach.com.

June 3, 202638 min

Rule 1.14 And Dementia Clients

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 limitations” standard narrows when Rule 1.14 applies • when protective action is allowed and why it is a last resort • how capacity can be situational and improve with timing, supports, and accommodations • why we do not rely exclusively on a doctor’s diagnosis or letter • practical conference room tactics for using family support without letting family take over • how to think about document risk and substantive fairness • least restrictive alternatives first such as durable powers of attorney If you just want to ask me questions, please email me, Todd at theelderlawcoach.com. I would love to be your coach, Todd at theelderlawcoach.com, or Trisha D-R-I-S-H-A at the Elderlawcoach.com. For more resources, training, and coaching, visit the ElderLawcoach.com. Check out our new website www.TheElderLawCoach.com.

April 2, 202621 min

Trusts Elder Law Attorneys Actually (Should) Use

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 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. Check out our new website www.TheElderLawCoach.com.

December 4, 202530 min

Ep. 63 Seven Steps To Run A High‑Closing Medicaid Meeting

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 • analyzing and explaining the Medicaid plan • using whiteboards and checklists to simplify • closing on net savings after fees • Miller Trust tips for income cap states • using a free intake toolbox to streamline Email Trisha@TheElderLawCoach.com and tell her you want the initial meeting toolbox that Todd talked about Check out our new website www.TheElderLawCoach.com.

December 3, 202516 min

Ep 62 How Smart Homes, AI, And Telehealth Help Seniors Stay Independent

Send us Fan Mail We map the biggest 2025 trends helping older adults stay independent, from smart homes and AI wearables to telehealth, holistic wellness, and memory care training. Practical takeaways show how families and attorneys can plan for safer, calmer aging at home. • smart home controls for safety and routine • predictive AI wearables that flag infections early • telehealth workflows that speed access to care • holistic wellness across movement, sleep and nutrition • growth of memory care with staff-wide training • benefits of intergenerational living for all ages • senior-friendly public spaces and housing options • pathways for seniors to stay in the workforce • resources for coaching and practice growth Please go to the theodorlawcoach.com and you can learn about a lot of our our services We will be sending out emails and different things announcing that Email us Todd at the Elderlawcoach.com. Also include Trisha, T-R-I-S-H-A, at the Elderlawcoach.com Visit www.theelderlawcoach.com Check out our new website www.TheElderLawCoach.com.

December 3, 202518 min

Ep 61 Predatory Marriages Explained

Send us Fan Mail We unpack how predatory marriages target vulnerable seniors and why marriage rights can override estate plans. We share practical steps for attorneys and families to spot red flags, fortify documents, and protect assets before litigation becomes the only option. • definition and common scenarios of predatory marriage • key red flags including isolation and capacity changes • how elective share and joint accounts bypass wills • attorney duties around capacity and undue influence • proactive planning with trusts, POAs, and directives • family involvement and oversight after late-life marriage • why DIY documents fail under court scrutiny • timing and documentation to validate capacity at signing You can always call the office at 479-601-4119. Visit www.theelderlumcoach.com to learn about Todd’s coaching program. Check out our new website www.TheElderLawCoach.com.

November 12, 202511 min

Ep 60 AI Changed Search; Your Marketing Must Too

Send us Fan Mail We map how AI and zero-click search are changing legal marketing, and we show a clear path from traditional SEO to answer engine optimization. We share practical steps to build Q&A content, apply FAQ schema, and earn citations that turn AI answers into paying clients. • why zero-click answers reduce site traffic • how answer engine optimization differs from SEO • building question-first content that AI can quote • using real client questions from workshops and intake • applying FAQ schema for structured clarity • earning citations with guest posts and partnerships • writing specific, decision-focused queries and answers • tools to find high-value questions and measure impact Please subscribe. Please go to the website, theelderlawcoach.com. There's a lot of good information there and a way that you can can schedule a time to talk to me. Check out our new website www.TheElderLawCoach.com.

November 12, 202517 min

Ep 59 Building the correct Avatar, Not Guesswork: Targeted Elder Law Growth

Send us Fan Mail Most elder law firms try to speak to everyone and end up convincing no one. We take you inside a practical, field-tested approach to defining three high-value audiences—seniors, adult children, and caregivers—and crafting messages and channels that meet each where they already are. Seniors want independence, asset protection, and clarity about Medicaid and probate. Their adult children want quick answers, financial safety for mom and dad, and easy ways to take action. Caregivers and healthcare providers want reliable experts they can confidently recommend. We break down how to build precise client avatars, then translate them into marketing that works: community events, church bulletins, senior centers, and tangible print for seniors; targeted Google Ads, SEO on phrases like Medicaid eligibility and nursing home costs, and short evergreen webinars for adult children; and small, high-impact sessions for caregivers that turn five conversations into dozens of referrals. You’ll hear why a simple monthly Q&A—no slides, just real answers—can outperform polished decks, and how consistency compounds trust over time. We also talk measurement and patience. Not every seminar or webinar converts next day, but people save resources and return when a crisis hits. Track sources, update Medicaid numbers, refresh materials, and keep testing until you find your stride. By narrowing focus on the clients you love to serve, aligning your channels with how each audience actually behaves, and offering clear next steps, you turn attention into appointments and appointments into lasting outcomes for families. If you’re ready to sharpen your strategy and grow with intention, subscribe, share this with a colleague, and leave a review telling us which channel delivers your best clients. Check out our new website www.TheElderLawCoach.com.

November 12, 202513 min

Ep 58 Elder Law Myths, Debunked

Send us Fan Mail We lay out the biggest myths about elder law and show how a compassionate, human-centered practice can protect families from crushing care costs while giving attorneys more control and purpose. From Medicaid and VA benefits to avoiding guardianship and probate, we share practical paths to pivot and thrive. • elder law as more than simple estate planning • drafting with long-term care and incapacity in mind • Medicaid eligibility and ethical asset protection • VA benefits for veterans and surviving spouses • interpreting long-term care insurance contracts • avoiding guardianship and probate through better documents • why the work is technical but learnable with coaching • transferable skills from family law and litigation • choosing litigation or a counseling-focused practice • building a client-centered schedule with real impact Go to theelderlawcoach.com, sign up, let’s talk Check out our new website www.TheElderLawCoach.com.