Elder Law: Planning for Your Later Years
Elder law is a specialized area of legal practice that focuses on the unique legal needs of older adults and their families. As we age, our legal needs evolve — from planning for long-term care and navigating government benefits to protecting assets and ensuring quality of life. At The Stegall Law Firm, we help clients in Houston and the surrounding area develop comprehensive plans that address these concerns head-on.
Our elder law practice encompasses a wide range of services, including Medicaid planning, veterans benefits, special needs planning, and long-term care strategies. We believe that proactive planning can make all the difference when it comes to protecting your family, your finances, and your future.
Senior Housing & Long-Term Care Options
One of the most important decisions families face as loved ones age is where and how they will receive care. Understanding the landscape of senior housing and long-term care options is the first step toward making an informed decision.
Long-term care can include a broad spectrum of services — from in-home assistance with daily activities to full-time care in a skilled nursing facility. The type of care a person needs depends on their health, their level of independence, and the resources available to them.
The Long-Term Care Dilemma
The cost of long-term care in the United States continues to rise at a rate that far outpaces general inflation. According to the Genworth 2020 Cost of Care Survey, the national median cost for a semi-private room in a nursing home was $105,850 per year. With the average nursing home stay lasting more than two years, families can quickly find themselves facing costs that exceed $200,000 — and often much more.
These numbers represent a serious financial challenge for most American families. Without a plan in place, the cost of long-term care can rapidly deplete a lifetime of savings and leave a surviving spouse in a precarious financial position.
The reality is that most people will need some form of long-term care during their lifetime, yet few have adequately planned for it. This is the long-term care dilemma: the gap between the care people will need and the resources they have to pay for it.
Medicare
Many people assume that Medicare will cover the cost of long-term care. Unfortunately, this is a common and costly misconception.
Medicare Part A (Hospital Insurance) covers the following:
- Inpatient hospital stays
- Skilled nursing facility care (limited to short-term rehabilitative stays, typically up to 100 days following a qualifying hospital stay)
- Hospice care
- Some home health care services
Medicare does not cover long-term custodial care — the type of ongoing, day-to-day assistance that most people need in a nursing home or assisted living facility. Custodial care includes help with activities of daily living such as bathing, dressing, eating, and transferring.
Because Medicare’s coverage of nursing home care is limited to short-term rehabilitation, families must look to other sources to fund long-term care. This is where Medicaid planning and other elder law strategies become essential.
Medicare Resources
- Medicare.gov — The official U.S. government site for Medicare
- Medicare & You Handbook — Annual publication covering Medicare benefits and options
- Medicare Rights Center — A nonprofit consumer service organization that provides counseling and education
Texas Medicaid Planning & Elder Law
For many families in Texas, Medicaid is the primary source of funding for long-term nursing home care. Medicaid is a joint federal and state program that provides health coverage to people with limited income and resources. In Texas, Medicaid covers the cost of nursing home care for individuals who meet strict financial and medical eligibility requirements.
However, qualifying for Medicaid is not straightforward. The program imposes resource limits, income caps, and a look-back period that scrutinizes financial transactions made in the years leading up to an application. Improper transfers of assets can result in a penalty period during which Medicaid will not pay for care.
Medicaid planning is the process of legally restructuring a person’s finances to meet Medicaid eligibility requirements while preserving as many assets as possible for the applicant and their family. This type of planning is best done in advance, but even in a crisis situation — when a loved one has already entered a nursing home — there are strategies that can help.
At The Stegall Law Firm, we guide families through the Medicaid application process, help them understand their options, and develop a plan that protects both the person who needs care and the family members who depend on those shared resources.
Senior Housing Options
Choosing the right housing arrangement is a deeply personal decision. Here are four key considerations to keep in mind when evaluating senior housing options:
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Assess the level of care needed. Determine whether your loved one needs help with activities of daily living (bathing, dressing, meal preparation), medical supervision, memory care, or simply a community environment with social engagement. The level of care needed will narrow the range of appropriate options, from independent living communities to assisted living facilities to skilled nursing homes.
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Understand the costs and how to pay for them. Senior housing costs vary widely depending on the type of facility and level of care. Research the costs in your area, and explore all potential funding sources — including long-term care insurance, veterans benefits, Medicaid, and personal savings. A clear picture of the financial landscape will help you make a sustainable choice.
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Visit facilities in person and ask questions. No amount of online research can replace an in-person visit. Tour multiple facilities, speak with staff and residents, observe the environment, and ask about staffing ratios, emergency procedures, activity programs, and resident rights. Trust your instincts about the quality of care and the overall atmosphere.
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Plan ahead whenever possible. The best outcomes come from planning before a crisis. If you or a loved one are beginning to need more support, start researching options and consulting with an elder law attorney now. Waiting until an emergency forces a decision often limits your choices and increases costs.
Take the Next Step
Planning for the future is one of the most important things you can do for yourself and your family. Whether you are just beginning to think about long-term care, navigating a Medicaid application, or exploring veterans benefits, The Stegall Law Firm is here to help.
Book a consultation today to discuss your situation and learn how we can help you find peace of mind through proactive planning.
Sources:
- Genworth 2020 Cost of Care Survey — genworth.com/aging-and-you/finances/cost-of-care.html
- Morningstar — morningstar.com — Research and analysis on long-term care costs and retirement planning