Medicaid Planning Lawyer in Houston, Texas

Medicaid Lawyers Helping You Plan Ahead in Houston, Texas

The average lifespan in America is reaching unprecedented highs, with the U.S. Census Bureau reporting that the number of individuals aged 65 and older is projected to more than double by 2060 (U.S. Census Bureau, 2023). Medical breakthroughs, which are transforming lives for the better, have precipitated this increase. However, accompanying this extended longevity is a complex series of challenges. Dealing with the intricacies of healthcare costs, managing fixed income finances, and securing suitable living environments are just the tip of the iceberg. Our Medicaid planning attorneys at Your Legacy Legal Care® in Houston are here to guide you.

As the population ages, an estimated 70% of Americans will require some form of long-term care in their lifetime, yet most are unprepared for the financial burdens it brings (U.S. Department of Health & Human Services, 2023). While nursing homes and assisted living facilities provide critical support, they often come with prohibitive price tags that can strain personal savings and family resources.

Your Legacy Legal Care® provides comprehensive estate planning and elder law services to individuals and families throughout the state of Texas. Our skilled Medicaid lawyers provide legal advice, dedicated advocacy, and committed legal representation. Knowing that the cost of care in a skilled living facility can easily deplete one’s assets, we offer innovative solutions for long-term care planning, including qualifying for government benefits like Medicaid. When you become our client, you will have peace of mind knowing we will protect your well-being and legacy.

Key Takeaways About Medicaid Planning in Houston, Texas

• Longer Lifespans Bring New Challenges: With life expectancy increasing, more individuals are living longer, leading to urgent and complex issues like rising healthcare costs, managing fixed incomes, and finding adequate long-term care options.
• High Likelihood of Needing Long-Term Care: Approximately 70% of Americans will require some form of long-term care in their lifetime, yet many fail to prepare for the steep financial challenges associated with it.
• Long-Term Care Costs Can Drain Assets: Nursing homes and assisted living facilities offer critical support but often come with significant price tags. Without proper planning, these expenses can quickly deplete personal savings and jeopardize family finances.
• Medicaid Offers Financial Relief: Medicaid can provide essential support for long-term care expenses, but qualifying for these benefits requires an understanding of proper planning and the complicated rules and regulations designed to limit access.
• Medicaid Lawyers Guide Clients Through Long-Term Care Planning and Medicaid Planning: The Medicaid planning lawyers at Your Legacy Legal Care®, offer knowledgeable counsel to help families understand their options and qualify for government benefits without sacrificing their hard-earned assets.
• Planning Protects Your Legacy: Early Medicaid and estate planning safeguard your finances, allowing you to access proper care and protect your family’s inheritance and future stability.
• Peace of Mind Through Professional Support: Families can afford long-term care, protect their well-being and legacies, and focus on enjoying their later years by working with Houston Medicaid Planning attorneys.
• Effective Medicaid Planning: Qualifying for Medicaid coverage demands preparation and informed guidance to secure your future and the future of your loved ones. With the help of our Houston elder law attorneys, you can legally qualify for Medicaid benefits, minimize financial burdens, and plan ahead for a time when you might require long-term care.

The Informed Choice in Medicaid Planning

At Your Legacy Legal Care®, we will work to meet your needs and goals efficiently and effectively. We can address various elder law concerns, such as:

• ​Advance directives (medical power of attorneys and directive to physicians)
• Long-term care planning
• Finding the right nursing home/assisted living facility
• Medicaid eligibility
• Special needs trusts
• Asset protection

Our Houston Medicaid attorneys believe that every life has value and that the most vulnerable members of society should be able to access proper long-term care with dignity and respect. Our elder law attorneys will protect your legal rights to keep you comfortable in your golden years.

Options for Long-Term Care

Elder law attorneys recognize that seniors and their family members must consider the significant expenses of long-term care for medical and non-medical needs. Many people share the common misconception that Medicare (not Medicaid) will cover nursing home expenses. However, this federal program only covers limited services on a short-term basis.

Furthermore, ​some individuals require home healthcare aides to assist with daily tasks, dressing, feeding, and bathing. While Medicare covers home health, it does not cover private-duty caregivers. Because the costs of such care can easily drain an elder person’s assets, our law firm takes a holistic approach to long-term care planning by considering each of your options.

​Long-term Care Insurance

Long-term care insurance covers personal and custodial care at home or in a nursing facility. However, this type of insurance has several disadvantages:

• Individuals with pre-existing conditions may not qualify
• Premiums are expensive
• Policies have high deductibles
• Covered services vary from insurer to insurer

​Statutory Durable Powers of Attorney in Texas

A statutory durable power of attorney (POA) is a legal document that allows you to designate an individual (known as your “agent” or “attorney-in-fact”) to manage your financial and legal affairs if you become unable to do so yourself. The term “durable” means that the power remains in effect even if you become incapacitated, enabling your agent to act on your behalf in critical situations.

An essential component of estate planning, this type of document can cover a wide range of responsibilities, such as managing bank accounts, paying bills, handling real estate transactions, or filing taxes. The statutory durable power of attorney takes effect immediately upon execution (unless otherwise specified) and continues to be valid until you revoke it or pass away. It gives you peace of mind that someone you trust will act in your best interest if you can no longer make decisions.

Medical Power of Attorney in Texas

A medical power of attorney (POA) is a specific type of durable power of attorney that focuses exclusively on healthcare decisions. It allows you to appoint someone to make medical decisions on your behalf if you cannot communicate or make them yourself due to illness or incapacity. It could involve decisions about treatments, surgeries, medications, or even end-of-life care.

The medical power of attorney differs from other types of POA because it deals strictly with health-related matters rather than financial or legal affairs. For example, while a general durable power of attorney might allow your agent to manage your bank account, only a medical power of attorney gives your agent the authority to communicate with doctors and decide on medical treatments.

POA Distinctions

• Focus of Authority: A statutory durable POA handles financial and legal affairs, while a medical POA applies strictly to healthcare decisions.
• Activation Timing: A medical POA generally becomes active only when you become incapable of making your own medical decisions, whereas a statutory durable POA can take effect immediately or upon your incapacity, depending on how it is written.
• Scope: The medical POA is limited to decisions about your personal care, while the statutory durable POA may cover a broad range of obligations, such as managing property or conducting business transactions.

Advance Medical Directives

Aside from a medical POA, other legal documents can help you plan for your future healthcare needs, including advance directives, which give instructions for your medical care if you become unable to communicate or make decisions.

Directive to Physician: A directive to physician or sometimes called a living will outlines your wishes for end-of-life medical care. It can include instructions on whether you want life-sustaining treatment such as feeding tubes or ventilators, and under what circumstances.

Do-Not-Resuscitate (DNR) Order: A DNR instructs medical professionals not to perform CPR or other life-saving measures if your heart stops or if you stop breathing.

Advance directives can provide peace of mind and respect your wishes when you cannot communicate them. Be sure to discuss these documents with your loved ones and healthcare providers to apprise them of your wishes.

​Medicaid Planning Services We Offer at Our Law Office

Despite being the largest payer of nursing home care in the country, by design, Medicaid only provides medical assistance to low-income individuals. Although many elderly individuals have income and assets that exceed the threshold for Medicaid, with advanced planning, they can preserve Medicaid eligibility by leveraging specific legal strategies in Texas, including the following:

• Irrevocable Trusts: Irrevocable trusts are a valuable asset protection tool in Texas Medicaid planning because they shield assets from Medicaid’s reach. The grantor can distribute the trust’s income and principal to the beneficiaries according to their wishes without disqualifying them from eligibility for Medicaid benefits. Thus, an irrevocable trust preserves and allows assets to benefit family members or loved ones.
• Qualified Income Trust (QIT)/Miller Trust: A QIT trust applies specifically to individuals who exceed Medicaid’s income caps. To qualify for Medicaid benefits, an individual’s monthly income must fall below a specific threshold. A QIT or Miller Trust deposits the excess income into the trust for specific purposes, such as paying medical bills. The individual remains eligible for Medicaid while using their excess income for necessary expenses. As a Houston Medicaid Planning lawyer will advise, you can only use this type of trust to hold income, not assets.

Your Texas Medicaid Application and the 5-Year Look-Back Period

When considering a Medicaid application, elderly family members, married couples, and all individuals should be aware of Medicaid rules—beginning with the 5-year “look-back” period for determining Medicaid eligibility. The look-back is a set period before the individual’s application, during which the Texas Health and Human Services Commission (HHSC), the state agency responsible for administering Medicaid, reviews all the financial transactions that the applicant has made.

​Contact Your Legacy Legal Care® — Houston, Texas Medicaid Planning Law Firm, to Schedule a Consultation

At Your Legacy Legal Care®, we have extensive experience in offering Texas Medicaid Planning assistance to our valued clients. Whether a single person, married couple, or senior citizen, we can help you become income-eligible and asset-eligible for Medicaid with legal strategies tailored to your unique situation.

Call (281) 218-0880(281) 218-0880 or complete our online contact form to schedule your confidential strategy session.

We help families plan for the future, protect their loved ones, and guide them through the unexpected.