By the Templateez Team · Licensed Attorney · June 2026

Intake Forms for Elder Law and Guardianship Attorneys: Capacity, Benefits, and Family Dynamics

Elder law intake is unlike any other area of legal practice because the fundamental assumptions that underpin every other intake process — that the person sitting in your office is your client, that they can communicate their own goals, that they are acting voluntarily, and that nobody else in the room has a conflicting agenda — may all be wrong simultaneously. An adult child brings a parent. A spouse brings a spouse. A nursing facility administrator calls on behalf of a resident. A court-appointed guardian ad litem seeks counsel for an alleged incapacitated person who does not want counsel. Before you can ask a single substantive question about assets, benefits, or long-term care planning, you must resolve a question that most attorneys in other practice areas never have to consider: who, exactly, is your client?

A general legal intake form does not address any of this. It assumes one client, one matter, and one set of goals. Elder law demands a structured intake process that documents the identity of the client, the capacity of the client, the interests of everyone else in the room, the complete benefits picture, the family dynamics that will either support or sabotage the plan, and the abuse and exploitation indicators that trigger mandatory reporting obligations before the consultation ends. Every field that a generic form omits is a fact that creates risk — ethical, legal, and practical — downstream.

The “who is the client” problem

In most areas of law, the person who calls your office, schedules the appointment, and shows up for the consultation is your client. In elder law, that person is often someone else entirely. The adult daughter calls because her father “needs help with Medicaid.” The son-in-law schedules the appointment because his mother-in-law “needs a guardian.” The facility social worker refers the family because the resident “needs an elder law attorney.” In each case, the person initiating contact may have interests that diverge from — or directly conflict with — the interests of the elderly person whose life, autonomy, and assets are at stake.

Your intake form must capture and document this from the first contact:

• Who initiated contact — name, relationship to the elderly person, and their stated reason for seeking legal help. This is not the same as identifying the client; it is documenting who brought the matter to you and why.
• Who is present at the consultation — every person in the room, their relationship to the elderly person, and whether the elderly person consented to their presence. If the prospective client asks to speak with you alone, that request must be honored and documented. If they do not make the request, the attorney should consider whether to create the opportunity.
• Who is the client — the attorney's determination, documented on the intake form, of who the attorney-client relationship is being formed with. This may be the elderly person, the family member seeking guardianship, or both (with appropriate conflict waivers). It may also be nobody — the consultation may reveal a conflict that prevents representation of anyone present.
• Conflict check — does the attorney already represent any family member, the facility, the proposed guardian, or any entity with an interest in the elderly person's assets? Elder law conflicts are particularly insidious because they often involve multiple family members who initially appear aligned but develop opposing interests as the planning or litigation progresses.

This threshold determination shapes every other section of the intake. If the client is the elderly person, the attorney owes duties of loyalty and confidentiality to that person — not to the adult child who drove them to the appointment and is sitting in the waiting room expecting a full report. If the client is the family member seeking guardianship, the elderly person is the adverse party, and the attorney cannot provide them with legal advice. The form must force the attorney to make and document this determination before moving forward. For deeper guidance on handling these sensitive dynamics, see our discussion of managing confidential and sensitive information during intake.

Capacity assessment at intake

The attorney is not making a medical determination of capacity. That is the province of physicians, neuropsychologists, and the court. But the attorney must assess whether the prospective client has sufficient capacity to form the attorney-client relationship — to understand who you are, what you do, what they are asking you to do, and the general consequences of the legal actions being discussed. This is a lower threshold than testamentary capacity or the capacity to execute a contract, but it is a real threshold, and the intake form must document the attorney's observations.

What the form should capture:

• Orientation — does the prospective client know where they are, what day it is, and why they are meeting with an attorney? Disorientation to time, place, or purpose is a significant red flag.
• Communication ability — can the person express their wishes? Do they answer questions directly or defer to the family member? Do they contradict themselves within the same conversation? Is there a language barrier that requires an interpreter, separate from any cognitive issue?
• Consistency of expressed wishes — does the prospective client's stated goal change depending on who is in the room? If they say one thing when the adult child is present and something different when the child steps out, that inconsistency must be documented.
• Understanding of the matter — can the person describe, in general terms, what they own, who their family members are, and what they want to happen with their assets and care? They do not need to recite account balances or legal terminology, but they need to demonstrate a general grasp of their situation.
• Known diagnoses — has the person been diagnosed with Alzheimer's disease, dementia, traumatic brain injury, or another condition affecting cognition? What medications are they taking, and could those medications affect their mental state during the consultation?
• Prior capacity evaluations — has a physician or court previously assessed this person's capacity? What was the finding? A prior finding of incapacity does not automatically prevent the attorney-client relationship, but it demands heightened scrutiny.
• Attorney's assessment — the form should include a field where the attorney documents their own observations about the prospective client's capacity to engage in the representation. This is protective for both the client and the attorney.

When the attorney concludes that a medical evaluation is necessary before proceeding, the form should document that determination, the reason, and whether the consultation was continued or suspended pending the evaluation. This is not optional caution — proceeding with estate planning or Medicaid applications for a client who lacks capacity exposes the attorney to malpractice liability and the documents to future challenge.

Guardianship and conservatorship intake

Guardianship cases require their own dedicated intake section because they involve a fundamentally different legal posture than planning matters. The petitioner is asking a court to strip another human being of legal rights — the right to decide where to live, what medical treatment to accept or refuse, how to spend their money, and who to associate with. The intake must capture the factual basis for that request and the alternatives that were considered or attempted before guardianship was sought.

• Alleged incapacitated person (AIP) — full name, date of birth, current residence, and living arrangement. Is the person in a nursing facility, assisted living, at home alone, or at home with a caregiver? The current living situation often drives the urgency of the petition.
• Basis for alleged incapacity — what specific functional limitations does the AIP have? Cannot manage finances, cannot make medical decisions, cannot maintain personal safety, cannot manage daily living activities? Guardianship statutes in most states require a showing of specific functional deficits, not just a diagnosis.
• Medical evidence — current treating physicians, any existing capacity evaluations, diagnosis, prognosis, and whether the physician is willing to provide a report or testify. Most jurisdictions require medical evidence as part of the guardianship petition.
• Existing legal documents — does the AIP have a durable power of attorney, healthcare proxy, living will, or trust? If a valid POA exists and the agent is willing and able to act, guardianship may be unnecessary — and a court may deny the petition on that basis. The intake must identify what planning documents exist and why they are insufficient.
• Proposed guardian — who is seeking appointment? What is their relationship to the AIP? Do they live nearby? Do they have a criminal history? Are there any financial conflicts of interest? Many states have statutory preferences for who may serve as guardian, and the court will scrutinize the proposed guardian's suitability.
• Family members who may object — guardianship petitions must be served on the AIP's closest relatives. Who are they, where are they, and will they contest the petition? A contested guardianship is a fundamentally different case than an uncontested one — the timeline, cost, and outcome uncertainty all increase dramatically.
• Scope of guardianship sought — full guardianship of person and property, limited guardianship, guardianship of person only, conservatorship of property only? The trend in most jurisdictions is toward the least restrictive alternative, and the intake should document why the scope being requested is necessary.
• Less restrictive alternatives considered — has the family tried a power of attorney, representative payee, supported decision-making, or voluntary care arrangement? Courts increasingly require evidence that less restrictive alternatives were attempted or are not feasible before granting guardianship.
• AIP's expressed wishes — does the AIP want a guardian? Do they have a preference for who should serve? Have they previously designated a preferred guardian in a POA or other document? Even a person who lacks capacity may have expressed preferences that the court will consider.

Medicaid planning intake: assets, income, and the look-back

Medicaid planning is one of the most data-intensive areas of elder law, and the intake form must capture enough financial detail to determine eligibility, identify planning opportunities, and flag look-back period exposure — all before the attorney can advise the client on next steps.

• Marital status — single, married, widowed, or divorced. If married, the healthy spouse's situation is as critical as the applicant's. The community spouse resource allowance (CSRA) and minimum monthly maintenance needs allowance (MMMNA) are determined at the time of application, and the intake must capture both spouses' assets and income.
• Income — Social Security, pension, annuity payments, rental income, investment income, and any other sources. Monthly and annual amounts. Income-cap states require different planning strategies than medically needy states, and the income picture determines which approach applies.
• Countable assets — bank accounts, investment accounts, retirement accounts (IRAs, 401(k)s), cash value life insurance, vehicles beyond the primary vehicle, real property other than the homestead. Approximate values for each.
• Exempt assets — primary residence (with equity cap in many states), one vehicle, personal belongings, prepaid burial plans, small life insurance policies. The line between countable and exempt varies by state and by the applicant's circumstances.
• Prior gifting and transfers — any gifts, transfers for less than fair market value, or trust funding within the look-back period (60 months in most states, 30 months in California). Amounts, dates, recipients, and purpose. This is the most dangerous area — an unreported transfer within the look-back period will result in a penalty period during which Medicaid will not pay for care, and the client may have no other way to pay.
• Real property details — for the homestead: is it titled in the applicant's name alone, jointly, or in a trust? Is there an intent to return? Is the community spouse or a minor, blind, or disabled child living there? For non-homestead property: value, rental income, and whether it can be sold or transferred.
• Long-term care insurance — does the client have a policy? What does it cover? What is the daily or monthly benefit? What is the elimination period? What is the remaining benefit period? Long-term care insurance can defer or reduce Medicaid planning urgency, but the intake must determine whether the policy actually covers the client's current care needs.
• Current care costs — what is the client currently paying for care? Nursing facility rates, home health aide costs, adult day program costs. The burn rate on available assets determines how urgently planning must proceed.
• Estate recovery exposure — the state will seek reimbursement from the Medicaid recipient's estate after death. The intake should identify assets that will be subject to estate recovery and whether planning can reduce that exposure.

The overlap between Medicaid planning and estate planning intake is significant — many elder law clients need both simultaneously, and the intake must capture the complete picture to avoid planning in one area that undermines the other.

Veterans benefits intake

Veterans benefits — particularly the Aid and Attendance pension benefit — are a significant funding source for elder care that many attorneys overlook and most intake forms ignore entirely. The eligibility criteria are specific and the application process is documentation-heavy, so the intake must capture the relevant data points.

• Service dates — branch, entry date, and discharge date. The veteran must have at least 90 days of active duty with at least one day during a wartime period.
• Discharge type — honorable, general under honorable conditions, other than honorable, or dishonorable. Only honorable and general discharges qualify. A veteran with an other-than-honorable discharge may be eligible for a discharge upgrade, but that is a separate proceeding.
• Service-connected disabilities — any VA disability rating? Percentage? Service-connected disabilities may qualify the veteran for additional benefits beyond Aid and Attendance.
• Current care needs — does the veteran need aid in performing activities of daily living? Are they housebound? Are they in a nursing facility? The level of care needed determines which benefit tier applies.
• Income and asset limits — the VA imposes a net worth limit (currently $155,356, adjusted annually for inflation) that includes both assets and annual income. The three-year look-back period for asset transfers, effective since October 2018, must be documented.
• Surviving spouse eligibility — if the veteran is deceased, the surviving spouse may be eligible for the same benefits. The intake should capture the marriage dates, veteran's service dates, and whether the spouse has remarried.

Long-term care planning and current living situation

The client's current care situation and projected trajectory drive nearly every planning decision. The intake must capture where the client is now, where they are headed, and what resources are available to bridge the gap.

• Current living arrangement — independent at home, at home with family caregiver, at home with paid caregiver, assisted living facility, memory care unit, or nursing facility. Each has different cost structures, regulatory frameworks, and Medicaid implications.
• Care needs trajectory — is the client's condition stable, slowly declining, or rapidly deteriorating? A client with early-stage dementia has years to plan; a client who just had a stroke and is in a rehabilitation facility may have weeks before a nursing facility placement decision must be made.
• Family caregiver availability — who is providing care now? Are they willing and able to continue? Are they being compensated? Caregiver agreements are a legitimate Medicaid planning tool, but they must be established properly — a retroactive caregiver agreement is a gift, not a contract.
• Facility preferences — does the client or family have a preferred facility? Is there a waiting list? Does the facility accept Medicaid, or is it private-pay only? The facility's Medicaid acceptance policy can determine the entire planning timeline.
• Current benefits — Medicare, Medicaid, Medicare Advantage, Medigap supplement, Part D prescription plan, VA benefits, long-term care insurance. Any change in benefits status during planning can disrupt care continuity. Capturing the complete benefits picture at intake prevents the kind of disruption discussed in our guide to intake for regulated industries.

Abuse, exploitation, and undue influence screening

Elder law attorneys encounter abuse, neglect, and financial exploitation more frequently than most attorneys realize, and the intake consultation may be the first — and only — opportunity to identify it. The person who brought the elderly client to your office may be the person exploiting them. Your intake form must include screening indicators and document the attorney's observations.

• Physical indicators — unexplained bruises, injuries, or weight loss. Poor hygiene or inappropriate dress for the season. The attorney is not conducting a medical examination, but visible indicators should be noted.
• Financial exploitation indicators — sudden changes in bank accounts or financial documents, unexplained disappearance of funds, new names added to accounts, recent changes to wills or POAs that benefit a caregiver or new acquaintance, unpaid bills despite adequate income.
• Undue influence indicators — the elderly person is isolated from family or friends, one person controls all access to the elderly person, the elderly person defers to a companion on all questions, the companion answers for the elderly person or corrects their answers, the elderly person appears fearful or anxious in the companion's presence.
• Mandatory reporting — many states impose mandatory reporting obligations on attorneys who suspect elder abuse. The form should document whether indicators were observed, whether the attorney concluded that a report is required, and whether the client was informed of the reporting obligation. The interaction between mandatory reporting and attorney-client privilege is ethically complex and varies by jurisdiction.

Screening for abuse at intake is not optional precaution — it is a professional obligation. And the documentation captured on the intake form may become critical evidence if the situation escalates. For attorneys navigating these conversations, our piece on using intake forms to set client expectations addresses how to establish boundaries and obligations from the first meeting.

Family dynamics: who agrees, who objects, and who has power

Elder law planning rarely involves just the client. It involves the client's spouse, children, stepchildren, grandchildren, caregivers, and sometimes the facility — each with their own interests, expectations, and capacity to either support or derail the plan. The intake form must map these relationships because they will determine whether the plan succeeds.

• Immediate family members — names, relationships, contact information, geographic proximity, and level of involvement in the client's care. The child who lives 2,000 miles away may have strong opinions about the plan but no involvement in daily caregiving.
• Blended family complications — children from prior marriages, current spouse who is not the parent of the client's children, stepchildren who have been involved in caregiving. Blended families create competing interests that must be identified at intake, not discovered during a family meeting three months into the engagement.
• Existing powers of attorney — who holds the durable POA for finances? Who holds the healthcare proxy? Are they the same person? Are they acting appropriately? A POA agent who is mismanaging assets or ignoring the principal's wishes may need to be replaced, and that process is separate from and may conflict with the client's other planning goals.
• Family members who disagree — is anyone opposed to the proposed plan? Specifically, does anyone believe the client should not be doing Medicaid planning, should not be placed in a facility, should not have a guardian, or should not be making changes to their estate plan? Identifying opposition at intake allows the attorney to address it proactively rather than reactively.
• Family members who are excluded — has anyone been cut out of the estate plan, disinherited, or estranged? Why? This information is relevant both to the planning itself and to the risk of a future challenge to the documents.

Aging-in-place planning, home modification assessments, and care coordination intersect heavily with elder law intake. Our guide to intake forms for senior services and aging-in-place providers covers the non-legal side of this same population.

Existing documents review

Elder law clients almost always have some existing legal documents, and those documents constrain or enable every planning option. The intake form must inventory what exists, when it was executed, and whether it is still adequate for the client's current situation.

• Wills — date of execution, attorney who drafted it, whether it has been updated to reflect current wishes. A will from 20 years ago that names a predeceased spouse as executor is not just outdated — it may trigger intestacy for the executor appointment while the substantive provisions remain in effect.
• Trusts — revocable or irrevocable, date created, trustee identity, whether it has been funded. An unfunded revocable trust is worthless for Medicaid planning purposes. An irrevocable trust funded outside the look-back period may be the most valuable asset in the client's portfolio.
• Durable power of attorney — when was it executed? Does it meet current state statutory requirements? Does it include the specific powers needed for Medicaid planning, including the power to make gifts and the power to create or fund trusts? Many older POAs lack the Medicaid-specific provisions that modern elder law practice requires.
• Healthcare proxy and living will — who is the designated agent? Is there a HIPAA authorization? Is there a DNR or POLST order? Does the living will reflect the client's current wishes regarding end-of-life care, or was it executed decades ago under different circumstances?
• Beneficiary designations — life insurance, retirement accounts, payable-on-death accounts, transfer-on-death deeds. These pass outside the will and trust, and a Medicaid plan that ignores beneficiary designations may fail to protect assets that could have been preserved.
• Deeds — how is the homestead titled? Has a life estate deed or transfer-on-death deed already been executed? When? A life estate deed executed within the look-back period creates a different Medicaid exposure than one executed seven years ago.

Why generic intake forms fail in elder law

A standard legal intake form will capture the client's name, contact information, and a general description of what they need. It will not ask who brought the client to the meeting, whether the client appears to have capacity, whether there are signs of abuse, what benefits are currently in place, whether the look-back period has been triggered by prior transfers, or which family members will support or oppose the plan. It will not prompt the attorney to assess whether a power of attorney makes guardianship unnecessary, whether an irrevocable trust is inside or outside the look-back window, or whether the client's expressed wishes change depending on who is in the room.

Elder law intake requires a form built for the specific complexities of this practice — the capacity questions, the benefits analysis, the family dynamics, the abuse screening, and the regulatory overlay of Medicaid, Medicare, and VA programs that no general-purpose form contemplates.

If your practice includes elder law alongside estate planning or other legal specialties, the Legal Bundle covers 38 practice areas with intake form and client questionnaire sets built for each one.