1. Medicaid Eligibility for Long-Term Care in Texas
Helping You Access Care Without Losing Everything You've Built
When a loved one needs nursing home care or other long-term care services, the emotional and financial challenges can be overwhelming. Medicaid is a vital program that can help cover these expenses but qualifying is not always simple.
We help individuals and families navigate the Medicaid system with clarity and compassion so you can access the care you need while protecting your home, savings, and loved ones.
2. What We Can Do for You
We provide personalized Medicaid planning and asset protection strategies designed to:
- Help you qualify for Medicaid without exhausting your assets
- Protect your home, savings, and family inheritance
- Navigate complex Medicaid rules and application requirements
- Handle the legal paperwork so you don’t have to
- Offer peace of mind during times of uncertainty
3. Eligibility Requirements
To qualify for long-term care Medicaid in Texas, an applicant must meet both financial and medical criteria.
A. Medical Need (Level of Care)
Applicants must demonstrate the need for assistance with daily activities such as bathing, dressing, eating, toileting, or medication management comparable to the level of care provided in a nursing facility.
B. Financial Requirements(2025 figures, updated annually)
1. Income
There is a monthly income limit for Medicaid applicants. If your income exceeds this limit, you may still qualify by using a legal tool called a Miller Trust (also known as a Qualified Income Trust)
2. Assets
Medicaid also has strict asset limits. However, certain assets are not counted, such as: • Your primary residence (in most cases) • One vehicle • Personal items and household goods • Certain prepaid burial arrangements For married couples where only one spouse is applying, special rules help protect the non-applicant spouse’s financial well-being.
C. A Simple Way to Protect Your Home and Your Legacy
A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a special legal tool available in Texas that allows you to keep full control of your home during your lifetime—while automatically transferring it to a loved one upon your death, without going through probate.
But it does even more than that.
Why Is a Lady Bird Deed Important in Medicaid Planning?
If you or a loved one may need long-term care and plan to apply for Medicaid, the Lady Bird Deed becomes especially valuable. Here’s why:
1. Protects Your Home from Medicaid Estate Recovery
Normally, after a Medicaid recipient passes away, the state can try to recover costs from their estate—including the value of their home. A Lady Bird Deed keeps your home out of the probate estate, which usually prevents the state from making a claim against it.
2. Allows You to Keep Full Control
Unlike other types of deeds, the Lady Bird Deed allows you to: ◦ Sell your home ◦ Mortgage or lease it ◦ Change your mind and revoke the deed…all without needing permission from the person who will inherit it.
3. Helps Preserve Medicaid Eligibility
When structured properly, your home is treated as an exempt asset during your lifetime, meaning it won’t disqualify you from Medicaid. After your death, because it passes outside of probate, it typically stays out of reach of Medicaid recovery.
Key Benefits of a Lady Bird Deed
- Avoids probate
- Maintains your control during life
- Helps protect the home from Medicaid recovery
- Easy to set up and manage
- No gift tax implications for the future beneficiary
Real-Life Example
Mrs. Jones, age 82, needed nursing home care. Her home was her most valuable asset. With our help, she signed a Lady Bird Deed naming her daughter as the beneficiary. She qualified for Medicaid, kept her home, and when she passed, the home transferred to her daughter without probate or Medicaid taking it.
Is a Lady Bird Deed Right for You?
If you’re concerned about losing your home to nursing home costs or Medicaid recovery, a Lady Bird Deed may be a simple and powerful solution. We can help you decide if it’s right for your
D. Common Myths
- “I’ll have to give up my home.” → Not necessarily. There are ways to protect it, such as a Lady Bird Deed.
- “It’s too late to plan.” → Even in a crisis, planning can protect assets and ensure eligibility.
- “I can just give assets to family to qualify.” → Improper transfers can lead to penalty periods of ineligibility.
E. How We Help
Our firm helps you:
- Evaluate eligibility and preserve key assets
- Prepare and submit Medicaid applications
- Set up Miller Trusts and Lady Bird Deeds
- Navigate Medicaid’s five-year look-back period
- Plan ahead or respond quickly in a crisis
4. Estate Planning – Protect Your Loved Ones, Preserve Your Legacy
Estate planning isn’t just about preparing for the end of life—it’s about making sure your wishes are honored, your family is protected, and your assets are passed on according to your values.
At Wendy Whiteman Law, we help individuals and families create clear, legally sound estate plans that reduce stress, avoid unnecessary costs, and ensure peace of mind for years to come.
Whether you’re just getting started or updating an existing plan, we’ll walk you through each step with care and clarity.
What’s Included in a Complete Estate Plan
We offer customized estate planning packages that may include the following essential documents:
1. Last Will and Testament
2. Revocable Living Trust (if appropriate)
3. Durable Power of Attorney
4. Medical Power of Attorney
5. HIPAA Authorization
6. Directive to Physicians (Living Will)
7. Declaration of Guardian
8. Appointment for Disposition of Remains
Optional Planning Add-Ons
We offer customized estate planning packages that may include the following essential documents:
- Lady Bird Deed (Enhanced Life Estate Deed)
- Special Needs Trusts
- Medicaid Asset Protection Trusts
- Transfer on Death Deeds
- Irrevocable Trusts
What Our Clients Say
Frequently Asked Questions
Is it too late to plan if my loved one is already in a nursing home?
Not at all. While advance planning gives more options, there are still legal tools that may help protect assets even in a crisis.
Will I lose my home if I apply for Medicaid?
How long does the Medicaid planning process take?
Do you offer virtual consultations?
Free Resource: Medicaid Planning Checklist
Free Resource: Medicaid Planning Checklist
Take the guesswork out of preparing for long-term care.
Our Medicaid Planning Checklist is designed to help you get organized and understand what information and documents you’ll need when planning for Medicaid eligibility.
Easy to follow
Helps reduce stress during urgent situations
Ideal for seniors, caregivers, and adult children
What’s Inside the Checklist
Here’s a preview of what the checklist will guide you through:
1. Personal Information
2. Income Sources
3. Assets
4. Monthly Expenses
5. Legal Documents
6. Care Information
Bonus Tip:
Start gathering these documents before an emergency arises. Being prepared can make a big difference in what benefits you qualify for—and how quickly you receive them.
Whether you’re planning ahead or facing an urgent care need, you’re not alone. We’re here to help you protect what matters most—with clarity, compassion, and commitment.
Reach out today to schedule a private consultation. Let’s take the next step together.
What Is a Lady Bird Deed (Enhanced Life Estate Deed) in Texas?
A Simple Way to Protect Your Home and Your Legacy
A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a special legal tool available in Texas that allows you to keep full control of your home during your lifetime—while automatically transferring it to a loved one upon your death, without going through probate.
But it does even more than that.
Why Is a Lady Bird Deed Important in Medicaid Planning?
If you or a loved one may need long-term care and plan to apply for Medicaid, the Lady Bird Deed becomes especially valuable. Here’s why:
1. Protects Your Home from Medicaid Estate Recovery
2. Allows You to Keep Full Control
3. Helps Preserve Medicaid Eligibility
Key Benefits of a Lady Bird Deed
- Avoids probate
- Maintains your control during life
- Helps protect the home from Medicaid recovery
- Easy to set up and manage
- No gift tax implications for the future beneficiary
Is a Lady Bird Deed Right for You?
If you’re concerned about losing your home to nursing home costs or Medicaid recovery, a Lady Bird Deed may be a simple and powerful solution. We can help you decide if it’s right for your situation and ensure it’s drafted correctly under Texas law.
Real-Life Example
Mrs. Jones, age 82, needed nursing home care. Her home was her most valuable asset. With our help, she signed a Lady Bird Deed naming her daughter as the beneficiary. She qualified for Medicaid, kept her home, and when she passed, the home transferred to her daughter without probate or Medicaid taking it.
Committed to Putting You First, Every Step of The Way
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Contact Information
- 8117 Preston Rd. Suite 300 Dallas, Texas 75225
- 214-210-2928
- info@wendywhitemanlaw.com