Nursing home costs in Texas can exceed $7,000 per month. Without proper planning, families watch decades of savings disappear in a matter of years. Medicaid can cover these costs, but qualifying requires navigating complex eligibility rules that change frequently and vary based on whether someone needs care now or is planning for the future.
Elder law attorneys help families protect assets while securing access to nursing home care, home health services, and other long-term care options. They understand the intersection of Medicaid rules, VA benefits, estate planning, and family dynamics that makes each situation unique. Texas has specific programs and exemptions that knowledgeable attorneys can use to preserve family wealth while ensuring quality care.
What Elder Law Attorneys Handle
Medicaid Planning
Medicaid eligibility requires meeting strict income and asset limits. For nursing home care in Texas, individuals cannot have more than $2,000 in countable assets, though certain property like a primary residence, one vehicle, and prepaid burial plans are exempt. Income limits require gross monthly income below $2,901 (2025), though Miller Trusts can address excess income situations.
Elder law attorneys develop strategies to protect assets while establishing Medicaid eligibility. These include spousal impoverishment protections, Lady Bird deeds, irrevocable trusts, and careful timing of asset transfers to navigate the five-year look-back period. Crisis planning helps families facing immediate nursing home needs protect remaining assets even when advance planning wasn’t possible.
Veterans Benefits
Veterans and surviving spouses may qualify for Aid and Attendance benefits that can help pay for assisted living, home care, or nursing home costs. These benefits can provide over $2,000 monthly for qualified veterans. Elder law attorneys accredited by the VA can assist with applications and coordinate VA benefits with Medicaid planning to maximize available resources.
Estate Planning for Seniors
Estate planning for older adults requires attention to incapacity planning, long-term care considerations, and government benefits eligibility. Elder law attorneys prepare powers of attorney, medical directives, and wills or trusts that account for potential Medicaid applications. They ensure documents work together rather than inadvertently disqualifying someone from benefits.
How to Choose an Elder Law Attorney
Medicaid experience. Texas Medicaid rules are complex and change frequently. Choose attorneys who handle Medicaid applications regularly and understand current eligibility requirements, transfer penalties, and available exemptions.
NAELA membership. The National Academy of Elder Law Attorneys provides specialized training and resources. Membership indicates commitment to this practice area.
VA accreditation. Only attorneys accredited by the U.S. Department of Veterans Affairs can assist with VA benefit applications. If VA benefits are relevant, verify accreditation.
Crisis planning capability. Some families need immediate help when a loved one requires nursing home care unexpectedly. Ask whether the firm handles crisis Medicaid planning and can move quickly when needed.
Texas Elder Law Attorneys
The Stone Law Firm
Location: Sugar Land, Texas (Houston metropolitan area)
Website: https://eldercarelawyer.org
Phone: (713) 434-6310
Attorney Nancy Stone holds both a law degree and Master of Public Health, bringing unique perspective to elder law matters. She served as president of the Texas Chapter of the National Academy of Elder Law Attorneys and received the chapter’s Outstanding Achievement Award in 2009. The firm is accredited by the U.S. Department of Veterans Affairs for VA benefit assistance. The Stone Law Firm serves clients throughout the Houston metropolitan area with eight office locations.
Practice Focus: Medicaid planning and applications, Miller Trust preparation, VA Aid and Attendance benefits, estate planning for seniors, special needs trusts, Medicare enrollment assistance, nursing home resident rights advocacy
Livens & Reed, PLLC
Location: Bedford and Addison, Texas (Dallas-Fort Worth area)
Website: https://www.livensreed.com
Phone: (817) 591-7257
This firm handles Medicaid and VA benefit applications throughout the Dallas-Fort Worth metroplex and across Texas. The practice includes staff with prior experience in government benefits administration. Managing partner Chad Reed is accredited by the Veterans Administration for benefits assistance.
Practice Focus: Medicaid crisis planning, VA benefits qualification, Miller Trusts and Lady Bird deeds, estate planning and probate, special needs trusts, asset protection strategies, business succession planning
Ross & Shoalmire, LLP
Location: Texarkana, Tyler, Paris, Longview (Northeast Texas)
Website: https://www.rossandshoalmire.com
Phone: (903) 223-5653
This regional firm serves families throughout Northeast Texas and Arkansas with full-service elder law representation. The attorneys emphasize that Medicaid planning ideally should begin five years before care is needed, though they also handle crisis situations for families facing immediate nursing home placement. The firm maintains multiple office locations to serve rural and urban communities across the region.
Practice Focus: Medicaid planning and crisis planning, nursing home asset protection, estate planning, veterans benefits, long-term care planning, probate administration
Costs and Fees
Elder law services typically involve flat fees for specific services or hourly billing for complex matters. Basic Medicaid planning consultations range from $200 to $500. Full Medicaid planning packages that include asset protection strategies, trust preparation, and application assistance typically cost $2,500 to $7,500 depending on complexity. Miller Trust preparation alone may cost $500 to $1,500. VA benefits assistance fees vary but are regulated by the VA. Many firms offer free initial consultations to assess needs and provide fee estimates.
Frequently Asked Questions
Can I protect assets if my spouse already needs nursing home care?
Yes. Texas law provides significant protections for community spouses when one spouse requires nursing home care. The community spouse can retain the home, a vehicle, and substantial assets while the nursing home spouse qualifies for Medicaid. Elder law attorneys can maximize these spousal protections and implement additional strategies even in crisis situations.
What is the Medicaid look-back period?
Texas Medicaid reviews asset transfers made within five years (60 months) before a nursing home Medicaid application. Transfers for less than fair market value during this period can result in a penalty period of ineligibility. Proper planning either avoids transfers that trigger penalties or occurs early enough that the look-back period has passed before care is needed.
When should I start Medicaid planning?
Ideally, at least five years before nursing home care might be needed. This allows time for asset transfers to clear the look-back period and for thorough planning. However, crisis planning remains possible and valuable even when someone needs care immediately. The sooner you consult an elder law attorney, the more options remain available.
This directory provides general information about elder law attorneys in Texas. It does not constitute legal advice or create an attorney-client relationship. Medicaid eligibility rules are complex and change frequently. Consult directly with a qualified elder law attorney about your specific situation.
Last Updated: January 2026
Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Fee estimates are approximations only and actual costs may vary significantly. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.