Andrea M. Gherini
Top rated Elder Law attorney in Carlsbad, California
Law Office of Andrea M. Gherini, APC
Practice areas: Elder Law, Estate Planning & Probate
Licensed in California since: 1982
Education: Loyola Law School Los Angeles
Selected to Super Lawyers: 2022 - 2023 Law Office of Andrea M. Gherini, APC
PO BOX 2809Carlsbad, CA 92018 Phone: 760-754-2381 Email: Andrea M. Gherini Visit website
Details 
Ms. Gherini's practice assists older adults, persons of all ages with disabilities, and the families that love and care for them. Her estate planning practice includes planning for incapacity as well as long-term care, including safeguarding options for government assistance to pay for care. Additionally, Ms. Gherini assists families in creating and administering special needs trusts for persons with disabilities. Ms. Gherini also represents conservators in court proceedings and trustees in the administration of trusts.
Ms. Gherini is a member of the Trusts and Estates Section of the California Bar Association and the Bar Association of North San Diego County. Ms. Gherini served as Co-Chair of the Trusts & Estates Section for the North San Diego County Bar Association from 2007-2009. Ms. Gherini is a member of the National Academy of Elder Law Attorneys and is the past President of its Southern California Chapter. In 2008, she received the Wiley W. Manuel Award from the California State Bar Association for pro bono legal services, and in 2016, the National Academy of Elder Law Attorneys recognized her as Chapter Member of the Year for Southern California.
Ms. Gherini graduated from Loyal Law School in Los Angeles.
First Admitted: 1982, California
Professional Webpage: https://www.amgtrustlaw.com/copy-of-firm
Bar / Professional Activity
- California Section - National Academy of Elder Law Attorneys, 2025
- Nathional Academy of Elder Lawyers Association - member, 2025
- San Diego County Bar Association - Trusts and Estates Section, 2025
- California Lawyers Association - Trusts and Estates Section, 2025
- Probate Attorneys of San Diego - member, 2025
- Bar Association of North San Diego County - member, 2025
- Southern California Chapter of NAELA - President, 2016
- Southern California Chapter - NAELA - President Elect, 2015
- Sourthern California Chapter - NAELA - Board Member, 2014
- Fiorenzo V. Lopardo Chapter of American Inns of Court, 2008
- Bar Association of North County -Co-Chair Probate & Taxation Section, 2008
- Lawyers Club of San Diego, 2008
Representative Clients
- Prepare estate plans for clients with assets ranging between $5,000,000 to $15,000,000 , 2026
Transactions
- Regularly retained by both private professional fiduciaries and family trustees to guide the administration of complex First-Party and Third-Party Special Needs Trusts. Counsel professional fiduciary clients on high-stakes regulatory compliance, risk mitigation, and formal agency audits, while simultaneously providing comprehensive education and dispute resolution for family member fiduciaries navigating strict public benefit constraints. Represent Trustees administering special needs trusts ranging from $500,000 to $4,000,000 in assets. Expertly navigates complex California DHCS and SSA POMS regulations to protect substantial assets from estate recovery and structures cost-efficient distribution frameworks that preserve critical public benefits (Medi-Cal/SSI) across the lifetime of the beneficiary., 2026
- Drafted and funded Medi-Cal Asset Protection Trusts for clients to protect eligibility as a result of the change in California's Medi-Cal asset regulations taking effect in 2026. , 2026
- Prepared Veteran Asset Protection Trust to insure clients VA benefits would not be lost upon the sale of her residence. , 2026
- Regularly represent professional fiduciaries and non-professional family members in administering trusts ranging in value from $1,000,000 to $13,000,000, including filing Probate Code 850 Petitions, to transfer omitted assets into trusts retroactively, avoiding full probate delays. Successfully insulated trustees from personal liability by preparing comprehensive trust accountings and formal releases. , 2025
- Draft First Party to shelter inheritances, ensuring full compliance with California DHCS and SSI regulations. Create stand alone third party special needs trusts funded by parents and grandparents, incorporating flexible provisions for trust protectors. Coordinate the funding of ABLE accounts along with special needs trusts for maximum financial flexibility., 2025
- Represents professional fiduciaries and family members in complex California probate conservatorship proceedings, guiding clients from initial appointment through long-term court compliance. Adeptly handles petitions for Conservatorship of the Person and Estate, secures specialized dementia and placement powers, and prepares rigorous court accountings. Combines technical compliance with sensitive family advocacy to meet all statutory reporting requirements while protecting the conservatee’s personal and financial well-being., 2025
- Regularly retained by both private professional fiduciaries and family trustees to guide the administration of complex First-Party and Third-Party Special Needs Trusts. Counsel professional fiduciary clients on high-stakes regulatory compliance, risk mitigation, and formal agency audits, while simultaneously providing comprehensive education and dispute resolution for family member fiduciaries navigating strict public benefit constraints. Represent Trustees administering special needs trusts ranging from $500,000 to $4,000,000 in assets. Expertly navigates complex California DHCS and SSA POMS regulations to protect substantial assets from estate recovery and structures cost-efficient distribution frameworks that preserve critical public benefits (Medi-Cal/SSI) across the lifetime of the beneficiary." , 2025
- Represents professional fiduciaries and family members in complex California probate conservatorship proceedings, guiding clients from initial appointment through long-term court compliance. Adeptly handles petitions for Conservatorship of the Person and Estate, secures specialized dementia and placement powers, and prepares rigorous court accountings. Combines technical compliance with sensitive family advocacy to meet all statutory reporting requirements while protecting the conservatee’s personal and financial well-being., 2024
Pro bono / Community Service
- Southern California Caregivers Resource Center - provide reduced fee initial consultations , 2026
- Alzheimer's San Diego - provides pro bono initial client consultations, 2025
- Presenter - North County Bar Association - Primer on Public Benefits for Estate Planners and Administrators., 2025
- Southern California Caregivers Resource Center - provides initial client consultation pro bono, 2025
- Presenter - Bar Association of North San Diego County - Trust & Estates Section - "The Conversation Estate Planning Attorneys Should be Having with their Elder Clients", 2020
- Southern California Caregivers Resource - provide initial client consultations , 2020
- Presenter for Alzheimers of San Diego Program: Legal and Financial Basics, 2020
- Court Appointed Attorney - San Diego Superior Court, 2020
- Presenter for Alzheimers of San Diego Program: Legal and Financial Basics, 2019
- Southern California Caregivers Resource - provide initial client consultations , 2019
- Presenter for Alzheimers of San Diego - Legal and Financial Basics, 2018
- Southern California Caregivers Resource - provide initial client consultations , 2018
- Presenter for Alzheimers of San Diego - Legal and Financial Basics, 2017
- Presenter for Alzheimers of San Diego - Legal and Financial Basics, 2016
- Host Committee Member for Circle of Hope Gala - New Haven Family and Youth Services, 2008
- San Diego Volunteer Lawyers Guardianship Clinic, 2006
- University of Southern California Humanities Board, 2001
- St. Patrick's Elementary School Board President, 1995
Educational Background
- Univeristy of Southern California - BA cum laude - History, 1978
- Loyola Law School Los Angeles - Deans List Honors, 1981
Scholarly Lectures / Writings
- https://acrobat.adobe.com/id/urn:aaid:sc:va6c2:254c5956-3969-44a0-a716-7380acb00325, Speaker, Public Benefits Primer for Estate Planners and Administrators, North County Bar Association - San Diego June 11, 2025, Lawyers, 2025
- Education for attorneys interested in expanding their practice to include Medi-Cal eligibility., Speaker, Medi-Cal A-Z, Eldercounsel, Elder Law Attorneys, 2017
Other Outstanding Achievements
- Intern for Honorable William P. Clark, Associate Justice California Supreme Court, 1980
- Martindale Hubbell Top Lawyers list for San Diego by peers, 2026
Honors
- AV Rated Preeminent Attorney, Matindale-Hubblle, 2025
- AV Rated Preeminent Attorney, Matindale-Hubblle, 2026
- AV Rated Preeminent Attorney, Matindale-Hubblle, 2023
- AV Rated Preeminent Attorney, Matindale-Hubblle, 2024
- Legal services to the poor, Wiley W. Manuel Award for Pro Bono Legal Services, State Bar of California, 2008
- AV Rated, Martindale-Hubbell, 2020
- For chapter leadership, Chapter Member of Year - Southern California, National Academy of Elder Law Attorneys, 2016
Office location for Andrea M. Gherini
PO BOX 2809
Carlsbad, CA 92018
Selections
2 Years Super Lawyers
- Super Lawyers: 2022 - 2023