Estate Planning Services
Long-term care planning addresses:
Without a long-term care strategy:
We help you understand your options for covering long-term care costs and structure your assets to preserve as much as possible for your family.
We discuss your assets, income sources, existing insurance coverage, family health history, and concerns about long-term care. We identify what resources you have available and what protections may already be in place.
Most people can use one or more of these strategies to address long-term care costs:
For families who may need to rely on Medicaid, we discuss how assets are counted and what can be protected:
When one spouse needs long-term care, Texas law allows the healthy spouse to retain certain assets and income. We ensure you understand:
If asset protection planning is appropriate, we prepare trusts and other documents that legally reposition assets. This work must be done while you still have legal capacity, and ideally before long-term care is immediately needed.
Long-term care planning integrates with your wills, trusts, and powers of attorney. We make sure all documents work together and that your family understands the strategy.
Skilled nursing facilities in Texas average around $9,000 per month. Assisted living facilities can range from $4,000 to $7,000 per month. In-home care costs vary based on the level of care needed but can also reach several thousand dollars monthly.
Medicare covers short-term rehabilitation after a hospital stay Typically up to 45 days in a skilled nursing facility. Medicaid covers long-term custodial care in nursing homes for those who meet income and asset requirements. Most long-term care is paid for by Medicaid, not Medicare.
Medicaid typically doesn’t count your primary residence against you during the application process if your equity is below approximately $800,000. However, Medicaid may place a lien on the home to recover costs after your death, unless a surviving spouse or other protected person lives there.
Ideally, in your 50s or early 60s, before health issues arise and while you still have time to implement strategies like asset protection trusts. Some Medicaid planning tools have look-back periods, meaning transfers must occur years before you need care.
Medicaid has a five-year look-back period. If you transfer assets for less than fair market value during this period, Medicaid may impose a penalty period during which you’re ineligible for benefits. Proper planning uses legally compliant methods to protect assets without triggering penalties.
Your options become limited. If you’re already in a facility or need care immediately, you can’t use strategies that require a look-back period. However, there may still be steps available to protect assets for a spouse or properly structure resources.
Long-term care insurance can be part of a comprehensive strategy, but policies vary significantly. Many policies have benefit caps, elimination periods, and coverage limitations. We recommend evaluating multiple policies between ages 55 and 65 and understanding exactly what is and isn’t covered.
Texas law protects the “community spouse” (healthy spouse) by allowing them to retain a portion of joint assets and income. Medicaid planning for married couples focuses on maximizing what the healthy spouse can keep while ensuring the spouse needing care qualifies for benefits.
Estate planning makes a lot more sense when you can ask questions in real time.
Silverleaf Legal Group hosts free educational seminars throughout Central Texas and East Texas where attorney Tom Fortenberry walks through the fundamentals — wills, trusts, powers of attorney, probate, asset protection, and long-term care planning — in plain English, with no sales pressure and no obligation.
These aren’t sales events. They’re the same education-first approach that shapes every client relationship at Silverleaf. Come learn, ask questions, and leave with a clearer picture of where you stand.