ELDER LAW AND MEDICAID PLANNING


“Elder Law” refers to the numerous and complex legal issues unique to aging seniors. One of the most important issues facing the elderly is how to pay for the cost of long-term care. Many people are shocked to learn that Medicare and most private health insurance do not cover long-term care. The cost of a nursing home in Texas is over $57,000 per year on average. Many families will exhaust all their income, savings, and investments to pay for long-term care and still not have enough.

Unlike Medicare, Medicaid does cover long-term care. Medicaid is a government -funded health benefits program typically reserved for low income and disabled individuals. Many people incorrectly believe they must spend down all their assets and sell their home to qualify for Medicaid. However, with proper planning guided by an experienced elder law attorney, you can qualify for Medicaid, protect your assets, and prevent all your life savings going to pay nursing home fees.

Seniors and their adult children also face unique challenges in dealing with loss of physical and mental capacity. Failing to designate someone to handle your affairs and make medical decisions for you if you lose capacity because of Alzheimer’s or dementia is stressful on your loved ones and can have expensive consequences. Simple planning with an experienced elder law attorney can save this headache and thousands of dollars in future legal fees.

Here are some of the elder law issues we handle every day at The Michels Law Firm:

  • Medicaid Planning
  • Appealing Medicaid Denials
  • Qualified Income Trusts, also known as “Miller Trusts”
  • Special Needs Trusts
  • Lady Bird Deeds
  • Durable Powers of Attorney
  • Medical Powers of Attorney
  • Living Directives to Physicians
  • Declarations of Guardianship
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