Medicaid & Elder Law Attorney

Planning for long-term care and navigating Texas Medicaid can be complex, but we’re here to help. Our elder law services provide the legal and financial guidance needed to secure quality care while preserving assets for you and your loved ones.

At the Howard Law Firm, we assist seniors and families in understanding eligibility requirements, applying for Medicaid benefits, and developing strategies for long-term financial security. Whether you need help with Medicaid planning, asset protection, or legal support for aging-related matters, we offer personalized solutions tailored to Texas laws.

Ensure peace of mind for the future. Contact us today to learn how we can help you safeguard your health and financial well-being with confidence.

Texas Elder Law Services

Medicaid Planning & Eligibility: Guidance on qualifying for Medicaid and securing benefits.
Long-Term Care Planning: Strategies for financing assisted living, nursing homes, and home care.
Asset Protection & Estate Planning: Legal tools to safeguard your wealth while planning for care needs.
Legal Guardianship & Power of Attorney: Assistance in establishing legal authority for decision-making.
Healthcare Directives & Living Wills: Ensuring medical choices align with your wishes.
Special Needs Planning: Securing financial stability and care for disabled family members.

How Do I Get Medicaid To Help Pay Nursing Home Costs?

If your spouse or elderly family member is currently living in a nursing home or may soon need nursing home care, there are options that could help you:

Reduce, or even eliminate nursing home expenses
Protect your hard-earned savings
Retain more of your assets
Provide a financial legacy for your loved ones
Safeguard the family home and other valuable assets

Many families are surprised to learn there are strategies available to minimize nursing home costs. In fact, you might qualify for Medicaid to cover nursing home expenses without needing to "spend down" your assets. However, not everyone qualifies for Medicaid, and each family situation is unique. To explore whether your family can access financial assistance, it's important to schedule a consultation with a knowledgeable elder law attorney. An individualized assessment can guide you through the steps to protect both yourself and your family.

General Medicaid Requirements

Medicaid is the sole public program that provides coverage for long-term care in nursing homes. To qualify, the applicant, who is the individual requiring care, must adhere to stringent income and asset requirements. With effective planning guided by an experienced elder law attorney, it’s often possible to significantly minimize out-of-pocket expenses for care. Many clients are astonished to discover the extent of savings they can achieve, even when planning under urgent circumstances.

Eligibility criteria differ between single applicants and married couples. Below are the foundational guidelines.

Income Limitations

Single Applicant: Monthly income limit is $2,742

Married Applicant:

Spouse needing nursing home care: $2,742
Spouse not needing nursing home care: No income limit

If the care recipient’s countable income exceeds these limits, they will not qualify as "income eligible." In Texas, this issue can be resolved using a Qualified Income Trust (QIT), often referred to as a “Miller Trust.” These trusts can be tailored for both single and married applicants.

Asset Limitations:

Spouse needing nursing home care: $2,000 in countable resources.
Spouse not needing nursing home care: Half of the total assets, up to $148,620. With professional assistance from an elder law attorney, additional assets may be protected.

Understanding Medicaid Asset Protection

Medicaid divides assets into two categories: countable and exempt.

Exempt assets:

Primary residence, valued up to $5,688,000.
Life insurance with cash value up to $1,500.
One automobile.
Prepaid funeral and burial plots.
Up to $2,000 in countable assets.

Most other assets are considered countable and subject to Medicaid’s “spend down” process, which reduces assets to eligibility levels. However, spend-down doesn’t mean excess funds must all go toward nursing home care. Medicaid rules provide flexibility, allowing more assets to be preserved with proper planning.

Examples of countable assets:
Checking and savings accounts, CDs, money market accounts, stocks, bonds (corporate, municipal, savings), mutual funds, IRAs, pensions, second homes, and extra vehicles.

Gifting and Transfer Rules

Transfers made within five years prior to the Medicaid application may delay benefits. Penalty lengths depend on the total transferred amount divided by a state-determined penalty factor that changes annually. However, exceptions to this rule exist. A carefully structured gifting program, designed as part of an asset protection plan, can be highly beneficial. Proper guidance is essential, as incorrect gifting could lead to disqualification.

If you’re exploring ways to safeguard your assets within Medicaid guidelines, I suggest consulting an experienced elder law attorney for tailored strategies!