Preserving Your Assets During a Medicaid Crisis
You do not have to spend down all of your assets to qualify for nursing home care through Medicaid. Unfounded fears of losing one’s home often result in individuals making the mistake of then selling their home. Individuals may also unnecessarily give away assets because they mistakenly believe certain assets will otherwise be lost.
The goal of our attorneys at Livens & Reed, PLLC is to protect your assets as much as is legally possible. Even should both you and your spouse be in a nursing home, we understand how to safeguard your estate without jeopardizing your Medicaid eligibility. This is possible even in the event you already entered a long-term care or assisted living facility.
Our clients include legal guardians and caregivers. We provide assistance even if an elderly person about to enter a nursing home has not made the appropriate plans. We take immediate action. We also offer comprehensive Medicaid planning and address all of your estate planning concerns. This includes services concerning obtaining of veterans benefits.
Call Livens & Reed, PLLC at 817-650-0068 for a free Medicaid planning consultation. We serve clients in Dallas County and Tarrant County, the DFW Metroplex and statewide in Texas.
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Preserving Assets And Medicaid Eligibility
Texas Medicaid allows certain assets to be protected while still qualifying for nursing home benefits, but strict limits apply. In 2026, when one spouse requires nursing home care and the other remains at home, the community spouse may retain a Protected Resource Amount between $32,532 and $162,660, depending on the couple’s total countable assets. The primary residence, one vehicle, and properly structured burial plans are generally exempt from consideration.
In addition, the spouse remaining at home may be entitled to a Monthly Maintenance Needs Allowance of up to $4,066.50, ensuring sufficient income for living expenses. These rules are designed to prevent the community spouse from being left financially vulnerable, but they must be applied correctly to avoid unnecessary spend-down or denial of benefits.
Even with these protections, many individuals remain ineligible due to excess assets or income. Social Security benefits, pensions, and other income sources frequently place the nursing home spouse above the Medicaid income cap. Livens & Reed, PLLC applies proven Medicaid planning strategies to bring clients into compliance while preserving allowable assets and improving quality of life during their later years.
One common solution is a Qualified Income Trust, also known as a Miller Trust. This legal tool allows income above the Medicaid cap to be redirected in a compliant manner, preserving eligibility without forfeiting benefits.
Asset transfers and gifting require special care. Medicaid reviews transfers made within a five-year look-back period, and improper gifting can result in significant penalty periods during which Medicaid will not pay for care. When planning is done early, gifting and asset transfers can often be structured to comply with Medicaid rules. When transfers have already occurred, our firm works to minimize penalties and develop strategies that protect as much of the remaining estate as possible.
Qualified And Successful Lawyer Assisting You
Of the hundreds of Medicaid applications handled by Livens & Reed, PLLC in 2023, not a single one was denied. If the claim is turned down, our attorneys can represent clients in Medicaid appeals (which a non-attorney cannot).
Contact us today for crisis Medicaid planning and comprehensive counsel in elder law. We offer a free initial consultation, by appointment in our Addison or Bedford location.
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