Elder law calls rarely start with "I'd like to do some planning." They start with "Mom fell and the hospital says she can't go home," or "Dad's in a nursing home and we just got the first bill." The caller is usually an adult child, often exhausted, sometimes sitting in a hospital parking lot.
These calls need a different intake than standard estate planning. They're more urgent, more emotional and more likely to involve deadlines. And they're full of questions intake staff must not answer, because Medicaid rules are complicated, state-specific and change over time.
A note on Medicaid rules
We keep this post general on purpose. Medicaid eligibility, the look-back period for asset transfers, how a spouse living at home is protected and what counts as an available asset all depend on federal law, state law and state agency policy. Those rules differ from state to state, and they change. Your attorneys know your state's current rules. Your intake team doesn't need to, and shouldn't act like they do.
That's the first rule of elder law intake: gather facts, flag urgency, book the consult and leave every rule question to the attorney.
Who's calling, and who's the client
Most elder law calls come from family. The client may be the parent who needs care, or the spouse at home, or both, depending on the matter and your firm's approach. It's usually not the adult child on the phone.
Set expectations kindly:
"Thanks for calling. The attorney will likely need to speak with your [mom], and maybe your [dad] too, depending on the situation. Let me gather some details so they can see the full picture."
If the parent may not be able to make decisions, note it and flag it. Those matters can involve powers of attorney, guardianship or conservatorship, and the attorney decides how to proceed. We go deeper on this in when adult children call for a parent.
Step 1: Find the urgency first
Before anything else, find out whether there's a clock running.
"Before we get into details, is anything happening in the next few days? A hospital discharge, a nursing home admission or a letter with a deadline?"
Flag the lead as urgent if you hear:
- A hospital or rehab discharge coming up, especially to a nursing facility.
- A nursing home admission in progress or just completed.
- A Medicaid application already filed, or a request for more information from the agency.
- A denial or other notice from the state Medicaid agency. These letters can carry short deadlines to respond or appeal.
- A bill or collection letter from a facility.
- A notice that a facility plans to discharge the resident.
If the caller has a letter, ask them to read you the date on it and any deadline it lists. Write those down exactly. Don't interpret what the letter means.
"Can you read me the date at the top, and any date it says something is due? I'll make sure the attorney sees it today."
Then follow your firm's escalation rules. Some elder law calls should reach an attorney the same day.
Step 2: The person who needs care
- Name, age and where they live.
- "Where is she right now? Home, hospital, rehab, assisted living or a nursing home?"
- "What kind of care does she need, or is she likely to need?"
- "Is she married? Is her spouse living at home?"
- "Is she able to talk with the attorney? Any memory concerns?"
Record answers in the caller's words. Don't ask questions that sound like a diagnosis.
Step 3: Paperwork already in place
- "Does your [mom] have a power of attorney? A health care proxy or directive?"
- "Does she have a will or trust?"
- "Who's been helping with her finances?"
Ask the caller to bring these documents to the consult. If there's no power of attorney and capacity is in question, flag it. That can change what's possible.
Step 4: A rough financial picture
Elder law callers often feel uneasy here, especially if they worry they'll be judged for asking about Medicaid. Keep it neutral.
"The attorney will want a general sense of your [mom's] finances. Ballparks are fine."
- "Does she own a home? Is anyone else living there?"
- "A rough idea of savings and investments?"
- "Income sources, like Social Security or a pension?"
- "Any life insurance, annuities or retirement accounts?"
- "In the past several years, has she given away money or property, or added anyone to an account or a deed?"
That last question matters to the attorney because Medicaid looks back at past transfers. Ask it neutrally and don't explain why. If the caller asks, say:
"That's something the attorney will go over with you. It's a standard question."
Don't ask for account numbers or Social Security numbers on this call.
Questions staff must not answer
You'll hear these on almost every elder law call. Have the redirect ready.
- "Will Medicaid take the house?"
- "How far back does Medicaid look?"
- "Can Mom give us her savings now?"
- "How much can Dad keep?"
- "Is it too late to plan?"
Every one depends on your state's rules and the family's facts. The answer is always some version of:
"That's exactly the kind of question the attorney will answer. It depends on the details and your state's rules, so let's get you on the calendar."
Never guess, and never repeat something you read online. A wrong answer here can cost a family real money and real options.
Step 5: Book the right meeting
- For urgent matters, offer the earliest slot your attorneys allow, or a same-day callback.
- Decide whether the consult should include the parent, the spouse or both. Follow your firm's policy.
- If the parent can't travel, check whether your firm does phone, video, hospital or facility meetings.
"I've booked you with [Attorney] on [day] at [time]. Please bring any letters from Medicaid or the facility, recent bank statements if you have them, and any power of attorney or will. If you can't find something, come anyway."
Tone matters here
Elder law callers are often grieving someone who's still alive. They're watching a parent decline, juggling work and caregiving and worrying about money. A few things help:
- Acknowledge it. "That's a lot to handle at once."
- Tell them what happens next in plain terms.
- Don't rush them, but keep the call moving toward a booked time.
Our post on handling grieving callers at a probate firm has more on language that works with people under this kind of strain.
Where IntakeGenius fits
Elder law crises don't wait for business hours. The IntakeGenius AI voice agent answers 24/7, asks about deadlines first, gathers the facts your attorneys need and books the consult. It doesn't explain Medicaid rules. Those stay with your lawyers. Every call lands in IntakeCRM with the notes, so your team can follow up fast on the urgent ones. If you'd like to hear it handle an elder law call, book a 15-minute demo. No slides.