As we and our loved ones age, considerations for long-term care become a critical part of future planning. One of the most common considerations is assisted living, a care option for seniors who need help with daily activities but do not require full-time medical care. However, the financial and legal aspects of assisted living can be complex.
For Texas residents, understanding the intersection of elder law and estate planning is important when considering assisted living as a long-term care option. In this article, we’ll address the top questions that often arise regarding assisted living, and whether it’s the right choice for you.
1. What is Assisted Living?
Assisted living provides seniors with a supportive living environment. This includes assistance with activities of daily living (ADLs) such as bathing, dressing, and meal preparation. Assisted living facilities (ALFs) typically do not offer the intensive medical care found in nursing homes. However, they do provide a range of services, including medication management, social activities, and housekeeping. Assisted living is a great option for seniors who need help but want to maintain as much independence as possible.
2. How is Assisted Living Different from Nursing Homes?
While both assisted living facilities and nursing homes provide care for older adults, they differ in the level of care they offer. Nursing homes cater to individuals who need skilled nursing care on a daily basis, typically due to chronic health conditions or recovery from surgery. Assisted living, on the other hand, is for seniors who may need help with certain tasks but do not require 24/7 medical care.
In Texas, as elsewhere, it’s important to assess the level of care your loved one needs before choosing the best option. If they require constant medical supervision, a nursing home may be a more appropriate choice. If they need help with daily tasks but are otherwise healthy, an assisted living facility could be a better fit.
3. How Much Does Assisted Living Cost in Texas?
The cost of assisted living can vary significantly depending on location, facility, and the level of care required. In Texas, the average cost of assisted living is around $3,500 to $4,500 per month. However, costs can range from $2,000 to $6,000 depending on factors such as the size of the living space, amenities, and services provided. This is why it’s important to budget for these costs as part of your estate planning.
4. Does Medicare Cover Assisted Living?
Unfortunately, Medicare does not cover the costs of assisted living. Medicare is primarily for health-related services, such as hospital stays, doctor visits, and medical procedures, and will not pay for long-term care in an assisted living facility. However, if a senior requires skilled nursing care or rehabilitation services for a limited time, Medicare may cover those costs, but only in specific situations.
5. Can Medicaid Help Pay for Assisted Living in Texas?
Yes, Medicaid can help cover the costs of assisted living in Texas, but there are eligibility requirements. Texas Medicaid’s STAR+PLUS program provides long-term care benefits for individuals who qualify based on income and assets. This program helps pay for assisted living for those who meet the financial criteria and require a level of care that matches the services provided by assisted living facilities.
To qualify for Medicaid assistance in Texas, the applicant must have limited income and assets. In 2025, the income limit for a single applicant is approximately $2,742 per month, and the asset limit is $2,000. However, certain assets, such as a primary home, may not count toward the limit. It’s essential to plan ahead, as Medicaid has a five-year look-back period during which any significant gifts or asset transfers can affect eligibility.
6. How Can Elder Law Help with Assisted Living and Estate Planning?
Elder law focuses on the legal aspects of aging, including the management of long-term care, estate planning, guardianship, and financial matters. When it comes to assisted living, elder law plays a critical role in helping families navigate the complexities of paying for care and protecting assets.
Key elder law considerations for Texas residents seeking assisted living options include:
- Guardianship and Power of Attorney: In some cases, an elderly person may no longer be able to make decisions for themselves. Setting up a power of attorney or guardianship can help ensure that someone trusted makes decisions on their behalf regarding medical care, finances, and other important matters.
- Estate Planning: Proper estate planning, including drafting a will or trust, ensures that your loved one’s wishes are honored and that their assets are distributed according to their desires. A will or trust can also include instructions for long-term care decisions, including assisted living options.
7. Should I Create a Trust for Assisted Living Expenses?
A trust is a helpful tool in estate planning, especially for individuals seeking to preserve their wealth for future generations or cover the costs of long-term care. A Medicaid Asset Protection Trust (MAPT) is one type of trust that can be set up to help protect assets from being counted toward Medicaid eligibility. In Texas, this trust allows you to transfer assets into the care of a trustee and preserve assets for future generations or for a surviving spouse.
Creating a trust can be a complex process, so it is essential to consult with an elder law attorney to understand the different types of trusts available and how they may benefit your situation.
8. How Can I Protect My Home from Being Sold for Assisted Living Costs?
Many people want to ensure that their family home is not sold to cover assisted living expenses. In Texas, the homestead exemption offers protection for your primary residence, and Medicaid generally does not require the sale of a home for eligibility. However, upon your death, there may be recovery against your home. To protect from Medicaid recovery, you can put a Lady Bird Deed in place.
If you’re worried about losing your home or your home being recovered by Medicaid after you die, it’s wise to consult with an elder law attorney about how to plan effectively. The use of planning strategies, such as creating an irrevocable trust or using a Lady Bird Deed, provides additional protection for your home while still qualifying for assistance.
9. What Legal Documents Should I Have in Place for Assisted Living Care?
Several legal documents help ensure that your wishes are followed and that your loved ones have the authority to manage your affairs:
- Durable Power of Attorney (DPOA): This document gives a designated person the authority to manage financial and healthcare decisions if you become incapacitated.
- Health Care Directive or Living Will: This document outlines your healthcare preferences, including whether you want to receive life-sustaining treatments.
- Will or Trust: These documents provide instructions on how your estate should be distributed upon your death and include specific instructions for your care, including assisted living options.
10. How Can I Get Help with Assisted Living Planning in Texas?
For Texas residents navigating the complex world of elder law and estate planning for assisted living, it is highly recommended to work with professionals who specialize in elder care. An elder law attorney can help you understand the legal aspects of assisted living and estate planning, ensuring that you are making informed decisions for your loved one’s future care.
Answering Questions About Assisted Living
Assisted living is a great option for many seniors, but understanding the financial and legal implications is crucial. By addressing questions about estate planning and elder law in Texas, families can better navigate the challenges of securing quality care for their loved ones. Working with an experienced elder law attorney ensures that the transition to assisted living is as smooth as possible, protecting assets and ensuring that your family member’s future care needs are met. Contact us today to get started!
Bromlow Law, PLLC and Laura L. Bromlow, are dedicated to the practice of Elder Law and Estate Planning. Our practice focuses solely on working with clients in these and closely related legal fields. Laura L. Bromlow is a Certified Elder Law Attorney with the National Elder Law Foundation. Bromlow Law, PLLC strives to enhance communication among family members and loved ones and to keep them all out of conflict so they can stay out of court. We want to help you keep your close circle safe!
Please contact our office today at (281) 665-3807 to schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.