Elder Law
As our loved ones age, they face unique legal challenges around healthcare, long-term care costs, and maintaining independence. Our elder law attorneys help families navigate these sensitive issues with compassion and expertise, protecting seniors and their assets.
Compassionate Legal Guidance for Aging Families
Elder law encompasses the unique legal needs of seniors and their families. At Texas Estate Attorneys, we understand the emotional and financial challenges families face when dealing with aging-related issues. We provide practical, compassionate guidance to help you make informed decisions and protect your loved ones.
“What sets Texas Estate Attorneys apart is our personalized approach to legal representation. We understand that every case is unique, and we take the time to understand your specific needs and goals.”
Matthew Sanderson
Founding Attorney
Protecting Seniors and Families
Dignity Through Planning
The best elder law planning happens before a crisis. By addressing potential challenges now—long-term care needs, cognitive decline, asset protection—families can ensure their loved ones receive quality care while preserving wealth and honoring wishes. Let us help you plan with dignity and foresight.
Elder Law Services
Medicaid Planning
Nursing home care can quickly deplete a lifetime of savings. We help families plan ahead to qualify for Medicaid while preserving assets for the healthy spouse and heirs. Our strategies comply with all Medicaid rules while maximizing what you can protect.
Guardianship
When a loved one can no longer make decisions for themselves and no power of attorney exists, guardianship may be necessary. We guide families through the court process to establish guardianship over the person and/or estate, always focusing on the incapacitated person's best interests.
Special Needs Trusts
Protect your loved one with disabilities without jeopardizing their government benefits. We create first-party and third-party special needs trusts that provide supplemental support for enhanced quality of life while preserving SSI, Medicaid, and other program eligibility.
Long-Term Care Planning
Plan for potential care needs before a crisis occurs. We help families evaluate options including home care, assisted living, and nursing home care, and implement strategies to fund care while protecting family assets.
Veterans Benefits
Wartime veterans and surviving spouses may qualify for Aid and Attendance benefits to help pay for long-term care. We help eligible veterans and families navigate the VA application process and coordinate benefits with overall planning.
Elder Abuse Protection
Seniors are vulnerable to financial exploitation and abuse. We help families establish protections against scams, undue influence, and exploitation, and take action when abuse has occurred.
Powers of Attorney
Durable powers of attorney for finances and healthcare allow trusted family members to act when you cannot. These essential documents can avoid the need for court-supervised guardianship and ensure your wishes are followed.
Healthcare Directives
Living wills and medical powers of attorney ensure your healthcare wishes are known and honored. We help you document your preferences for end-of-life care and designate trusted decision-makers.
Crisis Planning
When a loved one suddenly needs nursing home care, immediate planning is critical. We help families in crisis navigate emergency Medicaid applications, protect assets where possible, and make informed decisions under pressure.
Frequently Asked Questions
Medicaid planning involves legal strategies to help seniors qualify for Medicaid to cover nursing home costs while preserving assets for the healthy spouse and heirs. This may include proper asset transfers, trusts, and restructuring—all done in compliance with Medicaid rules and the 5-year lookback period.
Texas Medicaid has a 5-year (60-month) lookback period for nursing home care. Any asset transfers made within this period may result in a penalty period of ineligibility. This is why early planning is so important—the sooner you plan, the more options you have.
Guardianship may be necessary when an adult becomes incapacitated and cannot make decisions for themselves, and no power of attorney was established beforehand. The court appoints a guardian to make personal and/or financial decisions. It is a last resort—proper estate planning with powers of attorney can often avoid guardianship.
A special needs trust holds assets for a person with disabilities without disqualifying them from government benefits like SSI and Medicaid. The trust can pay for supplemental needs—things not covered by benefits—improving quality of life while preserving eligibility for essential programs.
Several strategies exist depending on timing and circumstances: Medicaid-compliant trusts, spousal protection rules (community spouse resource allowance), income-only trusts, and proper asset restructuring. The earlier you plan, the more you can protect. Contact us to discuss your specific situation.
Protect Your Aging Loved Ones
Every case is different. Past results do not guarantee future outcomes.