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Elder law attorneys in New Mexico focus on the legal issues facing aging adults and their families: Medicaid planning for long-term care, drafting and updating durable powers of attorney and healthcare directives, guardianship and conservatorship proceedings, special needs trusts, and asset protection. Many also handle probate and estate planning, but elder law is the specific subset focused on care planning and benefits eligibility. See the New Mexico healthcare proxy and financial power of attorney forms.
Federal law (and New Mexico's implementation) imposes a 5-year lookback period for Medicaid long-term care eligibility. Any uncompensated transfers (gifts, transfers to family members, transfers to a non-Medicaid-qualified trust) within the 5 years before applying for Medicaid can trigger a penalty period during which Medicaid won't pay for nursing home care. This is the main reason Medicaid planning needs to start years before care is actually needed — and the main reason elder law attorneys exist as a distinct practice area.
Estate planning attorneys in New Mexico average $321 per hourClio Legal Trends Report 2025Verified Jan 1, 2025 for wills and estates work. Flat-fee packages run roughly $963–$1,926 for a simple individual will and $3,510–$5,265 for a basic revocable trust. Online and DIY services cost $30–$300 for the same documents — see the will cost calculator for a side-by-side comparison.
New Mexico allows estates under $50,000 to use a simplified Small Estate Affidavit procedure, which is a form rather than a court case and typically doesn't require an attorney. For larger estates, formal probate is involved enough that retaining counsel is usually practical — the procedural work is what they're there for. Use the New Mexico probate calculator to estimate the costs.
In New Mexico, the situations where retaining counsel is typically worth the cost are: blended families with children from prior relationships (community property rules can produce surprising outcomes); ownership of a business, rental property, or significant investment assets; special-needs dependents who need a special-needs trust to preserve benefits; substantial property held in multiple states. If none of these describe your situation, the simpler online and DIY tools are often enough.
Search 4,004 estate law firms across 51 states.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to discuss your situation and verify their current practice areas and availability.
9 firms
Celebrating 30 years in business, E-Law specializes in estate planning and elder law services. Michele Ungvarsky is a member of the National Academy of Elder Law Attorneys, Elder Counsel, and Wealth Counsel.
Location
1340 Picacho Hills DrLas Cruces, NM 88007
Phone
(575) 556-2462
Paul A. Hanna is a Roswell-based attorney whose primary practice areas include estate planning, probate, and real estate law. He graduated magna cum laude from St. Mary's University School of Law and holds an LL.M. in Elder Law and Estate Planning from Western New England University School of Law.
Location
500 N Main Street, Suite 706Roswell, NM 88201
Phone
(575) 755-4000
Jud A. Cooper has over 43 years of experience providing estate planning, probate, and elder law services to Lincoln County. He handles wills, powers of attorney, healthcare directives, and trust formation. Also admitted to the U.S. Tax Court.
Location
1096 Mechem Drive, Suite 208Ruidoso, NM 88345
Phone
(575) 258-2585
Established
2010
Lovato Law is an estate planning and elder law firm specializing in wills, trusts, Medicaid planning, probate, and trust administration, serving the Albuquerque area from their Rio Rancho location.
Location
2320 Grande Blvd SE, Suite DRio Rancho, NM 87124
Phone
(505) 738-3777
Established in 1973, Lopez, Dietzel & Perkins serves Grant County and surrounding southwest New Mexico communities. Four attorneys provide broad general practice coverage with estate planning and elder law handled primarily by Cathryn L. Wallace.
Location
1311 N Grant StSilver City, NM 88062
Phone
(575) 538-2925
Established
1973
PBWS is a women-owned, women-led firm with over 170 years of combined experience. The attorneys focus on legal matters related to wills, trusts, probate, guardianships, and fiduciary litigation.
Location
2424 Louisiana Blvd NE, Suite 200Albuquerque, NM 87110
Phone
(505) 872-0505
Established
2008
Service Area
Statewide
A boutique estate-planning firm led by S. Scott Davis, who holds an LL.M. in tax law from the University of Denver (1980) on top of his Washburn University J.D. (1979). The firm focuses on estate planning, probate, and business planning, including multi-state and nonresident decedent estates, and offers home visits for clients who cannot travel to the office.
Location
2201 San Pedro Dr NE, Building 3, Suite 105Albuquerque, NM 87110
Phone
(505) 998-3336
Patricia Simpson has been in practice for over three decades and actively involved in the Farmington community since 1998. The firm handles estate planning, probate proceedings, guardianship/conservatorship proceedings, and elder law planning.
Location
4001 N Butler Ave, Suite 8101Farmington, NM 87401
Phone
(505) 325-0380
A Farmington solo practice led by J. Nicci Unsicker, focused on transparent flat-fee estate planning for Northwest New Mexico, Colorado, and tribal-nation clients. The firm handles wills and trusts that involve tribal and allotment assets for Navajo Nation and Jicarilla Apache members alongside standard New Mexico estates.
Location
120 W Main StreetFarmington, NM 87401
Phone
(505) 675-1812