Long-Term Care & Medicaid Planning

The cost of long-term care can quickly put a lifetime of savings at risk.  Planning ahead often provides the greatest flexibility meaning more options are available to reach your goal.  But even if a loved one already needs or is already receiving nursing home care, there may still be opportunities to protect assets and qualify for Medicaid.


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When Should You Start Planning

Most families don't think about long-term care until it becomes an immediate concern.  By then, families are often making difficult legal and financial decisions under significant time pressure. 

Planning early can preserve more options, but that doesn't mean planning opportunities completely disappear once care is needed or has already begun.  The sooner you understand your options, the better equipped you'll be to make informed decisions for yourself or a loved one.

How We Can Help

Medicaid Planning

Develop a strategy to help qualify for Medicaid while protecting assets whenever possible.

Crisis Planning

When long-term care is needed now, we'll evaluate your options and help you respond quickly.

Asset Protection

Explore legal planning strategies designed to preserve assets for a spouse, family, or future generations.

Frequently Asked Questions

Can Medicaid Take My House?

Not always.  A home is often one of the family's greatest concerns, and many people are surprised to learn that Medicaid rules regarding a residence are more complex than expected.  The answer depends o nfactors such as who lives in the home, how it's titled, and your family's overall circumstances.

Do I Have to Spend Everything Before I Can Qualify For Medicaid?

Not always.  While Medicaid has financial eligibility requirements, many people mistakenly believe they have to exhaust all of their assets before qualifying.  Depending on your circumstances, there may be legal planning strategies available to help preserve assets while meeting Medicaid's eligibility rules.

Is it ever too late to protect my assets?

Many people assume once someone is immediately in need, they waited too long to seek legal guidance.  In reality, families frequently come to us after a loved one has already entered a nursing home.  While every situation is unique, there may still be strategies available to help protect assets and navigate Medicaid.

How long does Medicaid approval take?

Timelines vary depending on the circumstances and the completeness of the application, but preparing in advance can often help avoid unnecessary delays.

What assets count for medicaid eligibility?

Not every asset is treated the same under Medicaid rules.  Some assets may be exempt, while others are considered countable resources.  Understanding the difference is an important part of developing an effective planning strategy.

Can I give my assets to my children?

Possibly, but timing matters.  Medicaid has rules governing transfers of assets, and gifts made at the wrong time can affect eligibility.  Before transferring property or money, it's important to understand the potential consequences.

What happens if my spouse needs nursing home care?

Special Medicaid rules are designed to help protect a spouse who continues living at home.  The planning options available depend on your family's financial circumstances and should be evaluated carefully before decisions are made.

What is medicaid estate recovery (MERP)?

After a Medicaid recipient passes away, the Texas Medicaid Estate Recovery Program (MERP) may seek reimbursement from the recipient's estate for certain Medicaid benefits that were paid.  However, MERP does not apply in every situation, and several exemptions and exceptions may be available.  Understanding these rules before applying for Medicaid can help families make more informed planning decisions.

Why Work With an Elder Law Attorney

Long-term care planning involves more than completing Medicaid paperwork.

We'll help you understand your options, identify potential planning opportunities, and develop a strategy that reflects your family's goals while complying with Medicaid rules.

Let's Talk About Your Family's Situation

Every family's circumstances are unique.  Schedule a consultation to discuss your options and determine the best path forward.

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