Texas Medicaid Planning Attorney: Find One by City

A Texas Medicaid planning attorney helps families pay for nursing home, assisted living, or in-home long-term care through Texas Medicaid (STAR+PLUS) without going broke. Texas has its own income cap, Miller trust rules, homestead protection, and 5-year look-back math — all of which make Texas-specific advice important.

Texas Medicaid long-term care, in plain English

Texas Medicaid for long-term services and supports is primarily delivered through STAR+PLUS managed-care plans. To qualify, an applicant generally must meet a clinical level-of-care standard and meet income and asset limits set by the state, which change. Texas is an income-cap state: if monthly income is above the cap, a Qualified Income Trust (Miller trust) is the standard fix.

On the asset side, Texas applies the federal 5-year Medicaid look-back. Uncompensated transfers in that window can cause months of ineligibility. The homestead is generally exempt (with equity limits and intent-to-return rules), and Texas has spousal protections that preserve income and a resource allowance for the spouse still living at home.

What a Texas Medicaid planning attorney actually does

Reviews the applicant\u2019s finances against current Texas limits and identifies what is countable, exempt, or fixable.
Sets up a Qualified Income Trust (Miller trust) when income is over the cap.
Protects the community spouse using Texas spousal income and resource allowance rules.
Times asset moves so they survive the 5-year look-back.
Reviews the nursing home admission contract — including responsible-party and arbitration language — before it is signed.
Files the application and handles fair-hearing appeals so it does not die on paperwork.

For the national overview, see Medicaid planning attorney: find one by state. For deeper background, see what a Medicaid planning attorney does (and what it costs) and nursing home costs and Medicaid planning.

Texas Medicaid mistakes to avoid

Gifting before applying. Even “just helping a grandchild” can show up as an uncompensated transfer in the look-back.
Skipping the Miller trust. Over-cap income is solvable, but only with the QIT set up correctly and funded each month.
Selling or retitling the Texas homestead casually. Texas homestead protection is powerful — do not give it up by accident.
Confusing nursing facility, assisted living waiver, and community-based care. Each interacts with STAR+PLUS differently.
Signing the nursing home admission packet first. Have the contract reviewed before signing.
Assuming Medicare will cover the nursing home. Medicare covers short-term rehab, not long-term custodial care.

When to call a Texas Medicaid planning attorney

Ideally: years before care is needed, while there is room to plan. Realistically: as soon as a Texas hospital starts talking about discharge to rehab or a nursing home, or as soon as the family realizes long-term care is on the table. Crisis cases still have options — especially when a community spouse is still living at home — but the earlier the call, the better the result.

Verify a Texas nursing home before placement

A good Medicaid plan does not help if the facility itself has serious problems. Before any Texas placement becomes final, check the inspection records, staffing, and safety scores at SeniorCareReportCard.com.

Frequently asked questions

What does a Texas Medicaid planning attorney do?

A Texas Medicaid planning attorney builds a lawful plan to qualify for long-term care Medicaid (typically delivered through STAR+PLUS) without losing more than the rules require. They handle the 5-year look-back, Qualified Income Trusts (Miller trusts), spousal protections, homestead, the application, and any fair-hearing appeal.

Is Texas an income-cap state for Medicaid?

Yes. Texas is an income-cap state for long-term care Medicaid. When an applicant’s gross monthly income exceeds the state cap, the standard fix is a Qualified Income Trust (often called a Miller trust). The income flows through the trust each month so the applicant becomes income-eligible. Setting it up correctly is a common reason Texas families hire an elder law attorney.

Does Texas have a Medicaid 5-year look-back?

Yes. Texas applies the federal 5-year look-back for long-term care Medicaid. Gifts or below-value transfers in that window can create a penalty period during which Medicaid will not pay, even after you otherwise qualify. Always talk to a Texas Medicaid planning attorney before transferring assets.

How does Texas homestead affect Medicaid planning?

Texas has constitutional homestead protection — one of the strongest in the country. The homestead is generally an exempt asset for Medicaid eligibility (subject to equity limits and intent to return) and carries powerful creditor protection. Decisions about transferring or retitling the homestead can have major Medicaid, tax, and probate consequences and should be made with a Texas attorney.

How much does a Texas Medicaid planning attorney cost?

Many Texas Medicaid planning attorneys charge a flat fee for a defined Medicaid plan or application; crisis cases may run higher and complex matters may be hourly. Always ask for a total estimate up front and what is included.

Where in Texas can I find a Medicaid planning attorney?

Use the city list on this page to start in your area: Houston, Dallas, Austin, San Antonio, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, Lubbock, Laredo, Irving, and other Texas cities.

ElderLawLocator is an attorney directory service, not a law firm. We do not provide legal advice or representation. Listings are informational source-signal listings, not recommendations or endorsements. Always verify a current State Bar of Texas license, discipline, certification, fees, and fit directly with the attorney and the State Bar of Texas.

Texas Medicaid planning attorney: find one by city

Browse Texas Medicaid planning attorneys by city