Elder Law Attorneys in Texas

Long-term care can consume savings quickly, and Medicaid is the main public program that pays for nursing home care. Qualifying means meeting strict income and resource limits, avoiding penalties for past transfers, and planning for what happens to the home after death. Elder law attorneys help families plan for care, qualify for Medicaid and veterans benefits, and put incapacity documents in place before they are needed.

Many of the rules are federal Medicaid law applied by the Texas Health and Human Services Commission (HHSC), and the dollar figures change every year. The figures below are the 2026 amounts published by HHSC. Wills, trusts, and probate are covered in the guide to estate planning attorneys in Texas.

What Elder Law Attorneys Handle

Medicaid Planning

For nursing facility Medicaid in Texas, a single applicant’s countable resources must be no more than $2,000, and, effective January 1, 2026, countable income must be no more than the special income limit of $2,982 a month (300 percent of the SSI federal benefit rate). The home is generally excluded, but not if the applicant’s equity exceeds the substantial home equity limit of $752,000, according to HHSC’s budget reference chart. Applicants whose income is over the limit can use a Qualified Income Trust, often called a Miller trust.

Planning tools include spousal impoverishment protections, Lady Bird deeds, certain trusts, and the timing of transfers around the look-back period. Crisis planning is available when a family member needs care right away and advance planning was not done.

Estate Recovery

Federal law requires states to seek recovery from the estates of certain Medicaid recipients who received nursing facility and related services at age 55 or older (42 U.S.C. § 1396p(b)). In Texas this is the Medicaid Estate Recovery Program, and the home is often the main asset at stake. Planning tools such as a Lady Bird deed are used in part to address estate recovery.

Veterans Benefits

Wartime veterans and surviving spouses who need help with daily activities may qualify for VA pension with Aid and Attendance. For the rate period that began December 1, 2025, the maximum annual pension rate for a veteran with no dependents who needs aid and attendance is $29,093, or about $2,424 a month, according to the VA’s rate notice. The amount actually paid is lower when the veteran has countable income, after allowed deductions for unreimbursed medical expenses. Attorneys coordinate VA benefits with Medicaid planning.

Estate and Incapacity Planning

Older adults need durable powers of attorney, medical powers of attorney, directives to physicians, and wills or trusts that take long-term care and benefits eligibility into account. Elder law attorneys draft these documents so that they work together and do not accidentally disqualify someone from benefits.

How to Choose an Elder Law Attorney

Medicaid experience. Texas Medicaid rules change every year. Ask how many nursing facility Medicaid applications the attorney handles and whether the firm does the application itself or only the planning.

Professional involvement. Membership in the National Academy of Elder Law Attorneys shows focus on the field and access to its training.

VA accreditation. Only VA-accredited representatives, claims agents, or attorneys may assist with VA benefit claims, and accredited representatives of veterans service organizations help at no charge (38 C.F.R. § 14.629). If VA benefits are part of the plan, confirm the attorney’s accreditation.

Crisis capability. Ask whether the firm handles crisis Medicaid planning and how quickly it can act when someone is about to enter a nursing facility.

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 attorneys commonly charge flat fees for defined work, such as a planning consultation, a Medicaid planning package, a Qualified Income Trust, or a set of estate planning documents, and hourly rates for guardianship and other contested matters. No one may charge a fee for helping prepare and file an initial VA benefits claim; accredited attorneys and agents may charge only for representation after VA issues an initial decision, and those fees are subject to VA rules and review (38 C.F.R. § 14.636). Ask for a written fee agreement that lists what is included.

Frequently Asked Questions

Can I protect assets if my spouse already needs nursing home care?

Yes. Federal spousal impoverishment rules, applied by HHSC, let the spouse who stays at home keep the home, and a protected amount of countable resources: the greater of half the couple’s combined countable resources or $32,532, up to a maximum of $162,660 in 2026. The at-home spouse can also be entitled to a monthly income allowance. Planning can still help even when care is needed right away.

What is the Medicaid look-back period?

For most transfers, Medicaid looks back 60 months from the application date for assets given away or sold for less than fair market value (42 U.S.C. § 1396p(c)). A transfer in that window can create a period of ineligibility for nursing facility Medicaid. Transfers made before the look-back period do not cause a penalty.

When should I start Medicaid planning?

Ideally, more than five years before long-term care is likely, so that planned transfers fall outside the look-back period. Planning is still useful in a crisis, but there are fewer options, so the earlier families consult an attorney, the more choices remain.

Does Medicaid take the house after death?

It can. Texas seeks recovery from the estates of certain Medicaid recipients who received long-term care at age 55 or older, and the home is often the largest asset in the estate. Some exemptions and hardship waivers apply, and planning tools can affect what is subject to recovery.

Sources

• Texas Health and Human Services Commission: Medicaid for the Elderly and People with Disabilities Handbook, Appendix XXXI, Budget Reference Chart
• Medicaid transfers and estate recovery: 42 U.S.C. § 1396p
• Department of Veterans Affairs: 2025-2026 pension rate notice (Federal Register public inspection copy); 38 C.F.R. § 14.629, accreditation; 38 C.F.R. § 14.636, fees

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. 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.