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By Carey Thompson
Founding Attorney

Nursing home care can quickly drain a lifetime of savings if planning is not done in advance. In Texas, long-term care costs often exceed what families expect, and Medicaid rules can make asset protection challenging without the right strategy. With careful planning, it is possible to protect at least part of your estate while still qualifying for Medicaid when care is needed.

Why Nursing Home Costs Are a Major Estate Planning Risk

Long-term care is expensive, and Medicare does not cover extended nursing home stays. Many people assume they will pay out of pocket only briefly, but extended care can last months or years. Without planning, savings, property, and other assets may be spent down before Medicaid becomes available.

For Fort Worth families, the concern is not just paying for care, but preserving assets for a spouse, children, or other loved ones. That balance is where Medicaid planning becomes critical.

How Medicaid Eligibility Works in Texas

Medicaid is a needs-based program. To qualify for long-term care benefits, applicants must meet strict income and asset limits. Certain assets are exempt, such as a primary residence in limited circumstances, but many others are counted.

Medicaid also reviews financial history. Transfers of assets made within the look-back period can trigger penalties that delay eligibility. This is why last-minute planning often creates more problems than it solves.

What Is a Medicaid Trust?

A Medicaid trust, often called an irrevocable Medicaid asset protection trust, is designed to hold assets so they are no longer considered owned by the individual applying for Medicaid. When structured properly and funded well in advance, these trusts can help preserve assets for heirs while allowing the individual to qualify for benefits later.

Once assets are placed into a Medicaid trust, they generally cannot be taken back. That loss of direct control is intentional and is one of the reasons these trusts must be created thoughtfully and early.

How Medicaid Trusts Protect Assets

Medicaid trusts work by removing assets from your personal ownership. This can include:

  • Real estate
  • Investment accounts
  • Savings beyond allowed limits

After the look-back period has passed, assets held in the trust are typically protected from being used to pay nursing home costs. The trust can also specify how remaining assets are distributed after death, keeping them out of estate recovery in many situations.

Timing Matters More Than People Expect

One of the biggest mistakes families make is waiting until nursing home care is imminent. Medicaid planning works best when done years in advance, not months.

In Texas, transfers made too close to applying for Medicaid can result in penalty periods where benefits are denied. During that time, families may still be responsible for care costs, creating financial stress instead of relief.

Other Ways to Protect an Estate From Nursing Home Costs

Medicaid trusts are not the only planning tool available. Depending on the situation, other strategies may include:

  • Spousal protections, which allow a healthy spouse to retain certain assets
  • Careful use of exempt assets, such as homestead protections
  • Income planning, to align cash flow with eligibility rules
  • Long-term care insurance, when obtained early enough to be cost-effective

Each option has tradeoffs. What works for one family may not work for another.

Common Misconceptions About Medicaid Planning

Many people believe that Medicaid planning means giving everything away or losing control entirely. In reality, planning is about structuring assets in a way that complies with the rules while preserving dignity and choice.

Another misconception is that a will or revocable trust protects assets from nursing home costs. These tools do not shield assets from Medicaid spend-down requirements. Only strategies specifically designed for Medicaid planning can do that.

Why Estate Protection Requires a Long-Term View

Protecting an estate from nursing home costs is not just about finances. It is about maintaining independence, protecting a spouse, and ensuring that family members are not left with difficult decisions under pressure.

For many Fort Worth families, planning early provides flexibility later. It allows choices to be made deliberately instead of reactively.

Planning Ahead Makes the Difference

Nursing home costs can have a lasting impact on an estate, but they do not have to erase everything you have worked for. Medicaid trusts and related planning strategies can help protect assets when implemented correctly and at the right time.

At the Law Office of Carey Thompson, PC, we help Fort Worth families plan ahead for long-term care while protecting their estates and their peace of mind. If you are concerned about nursing home costs or Medicaid eligibility, contact us to discuss strategies that fit your goals and timeline.

About the Author
Carey Thompson has been practicing Social Security Disability Law Since 2008 after he graduated from Texas Wesleyan School of Law, now known as Texas A&M school of Law in Fort Worth, TX.  While at Texas Wesleyan he served on Law Review.  Prior to going to Law School, Mr. Thompson was a High School Band Director for four years using his degree in Music Education from Michigan State University.  Prior to Attending Michigan State, he attended Aledo Schools from Kindergarten to graduate.  Mr.Thompson feels strongly about serving the people of Tarrant County.