Elder Law Attorney in Austin, Texas

Elder law is the intersection of estate planning, government benefit eligibility, and the practical realities of aging. An elder law attorney in Austin works with older adults and their families on issues that arise as health declines and long-term care becomes a real consideration — often including Medicaid planning, nursing home agreements, guardianship, and veteran's benefits.

Medicaid planning is often the central issue in elder law practice. Texas Medicaid (specifically the STAR+PLUS program for long-term services and the Medicaid Qualified Income Trust for income above the limit) can cover nursing facility costs for eligible individuals. Eligibility requires meeting both income and asset limits — but significant assets can be protected through legal planning strategies, provided those strategies are implemented before the five-year Medicaid look-back period.

The Medicaid five-year look-back rule means that asset transfers made within five years of applying for Medicaid are scrutinized. Gifts, transfers to children, and other asset movements within that window can create a period of Medicaid ineligibility. Elder law attorneys who specialize in Medicaid planning help families implement strategies that protect assets while maintaining eligibility — but the earlier the planning begins, the more options are available.

Nursing facility agreements are binding contracts that families often sign under pressure without understanding what they're agreeing to. Elder law attorneys review these agreements to identify arbitration clauses, responsible-party provisions that attempt to make family members personally liable for a resident's bills, and provisions that exceed what facilities are legally entitled to require.

Veteran's benefit planning is a distinct subspecialty within elder law. The VA Aid and Attendance benefit provides additional monthly income to wartime veterans and surviving spouses who require assistance with daily living activities — but the program has asset and income requirements that can be navigated with proper planning. An attorney with VA benefit planning experience can determine eligibility and help structure assets appropriately.

We connect Austin families dealing with elder law issues — whether an immediate crisis or long-range planning — with attorneys who practice elder law in Travis County and the surrounding area. The most effective planning happens before a crisis; the second best time is now.