Elder Law Attorney in Frisco, TX

Strategic planning for your older loved ones

We help Frisco and Collin County families plan for nursing home and long-term care costs, keep the family home in the family and name who can act for an aging parent, explaining every Texas Medicaid rule in plain language so your family can decide calmly instead of in a crisis.

Look After Your Elders

Compassionate Elder Care Planning

People are living longer, and a year of nursing home or long-term care in Texas can cost more than many families earn. As an elder law attorney in Frisco, TX, Amy L. Jenkins helps adult children and their parents across Frisco, McKinney, Plano and Collin County understand their options and put a plan in place that fits the whole family.


Most families come to us facing one or more of these decisions:

  • How to pay for nursing home or long-term care without spending every dollar a parent saved.
  • How to keep the family home from being lost to care costs or to Medicaid estate recovery.
  • Who can make medical and financial decisions if a parent can no longer make them alone.
  • How to keep a parent's will, trust and other documents current as their needs change.


Medicaid rules can feel overwhelming, especially when you are already caring for a parent and your own children. We take each rule one at a time, patiently, until the choices in front of you make sense.

Texas Medicaid Planning Attorney for Collin County Families

Texas Medicaid pays for nursing home care, but only for people whose income and assets fall within strict limits. Knowing how those limits work is often the difference between spending down a lifetime of savings and keeping part of it for a spouse or children.


  • Asset limit: a single person applying for nursing home Medicaid in Texas can generally keep no more than $2,000 in countable assets.
  • Exempt assets: the home, one vehicle, personal belongings and household goods, and certain prepaid burial arrangements usually do not count toward that limit.
  • The five-year look-back: Texas Medicaid reviews gifts and transfers made in the 60 months before an application, and giving away assets for less than their value can create a penalty period with no coverage.
  • The Miller trust: also called a Qualified Income Trust, it lets a parent whose monthly income is over the Texas limit still qualify by routing the excess income through the trust.
  • The lady bird deed: an enhanced life estate deed lets a parent keep full control of the home for life and pass it to family outside probate, keeping it out of the Texas Medicaid Estate Recovery Program.
  • Spousal protections: when one spouse needs nursing home care, Texas lets the spouse at home keep the house, a car, a share of the couple's savings and part of the income they need to live on.


For some families, an irrevocable trust planned well ahead of time can also keep savings available to the next generation. We explain how that works in Understanding Medicaid Asset Protection Trusts, and our asset protection planning looks at the rest of a family's savings and property.

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When Should Your Family Talk to an Elder Law Attorney?

The best time is before a parent needs care, because planning years ahead gives you the most options and keeps the five-year look-back working for you instead of against you. That said, it is rarely too late to help.


  • Planning ahead: a parent in good health can sign powers of attorney, a lady bird deed and, where it fits, a trust, while they can still choose every detail.
  • Planning during a health change: after a diagnosis or a fall, we help you put decision-making documents in place and map out how care will be paid for.
  • Planning at a nursing home admission: even when a parent is moving into care now, spousal protections, a Miller trust and exempt assets often leave real steps available.


Whichever stage your family is in, we start by listening to where things stand and explaining what can still be done.

Elder Law Services That Grow With Your Parent's Needs

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Estate

Planning

A current estate plan tells everyone what your parent wants, for their property and for their care. It spares the family a probate fight, puts clear healthcare directives in place, and names the people your parent trusts to step in.


Incapacity planning is often the most urgent piece for an aging parent:

  • A Durable Power of Attorney names someone to handle bank accounts, bills and property.
  • A Medical Power of Attorney names someone to make healthcare decisions.
  • A Directive to Physicians records your parent's wishes about end-of-life care.
  • A HIPAA Authorization lets doctors share information with the family members who need it.


Signed while a parent can still decide, these documents often keep the family out of court entirely. We explain how each one works in Understanding Power of Attorney in Elder Law, and we revisit the plan with you as your parent's health, finances and family change.

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Trust Administration

When a parent has a living trust, a successor trustee can take over managing the trust's assets if the parent becomes unable to, with no court involvement. After the parent passes, the trustee pays final bills and distributes what remains to the family according to the trust's terms, without the delays of probate.


Some trusts also play a role in Medicaid planning, such as an irrevocable trust set up well before the look-back window or a Miller trust that handles excess income each month. We guide trustees through their duties step by step, so the person your parent chose knows exactly what to do and when.

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Elder Guardianship

When an older loved one can no longer make safe decisions and never signed powers of attorney, a Texas court can appoint a guardian to make healthcare and financial decisions for them. Guardianship gives the family legal authority, but it also means court oversight, annual reports and a loss of independence for your parent.


Texas courts must consider less restrictive options first, and we walk families through every one before a court is involved:

  • A Durable Power of Attorney, if your parent can still sign one.
  • A Medical Power of Attorney for healthcare decisions.
  • A Supported Decision-Making Agreement, which lets your parent keep making their own choices with help from someone they trust.


When guardianship is the right path, we guide you through the application, the hearing and your duties as guardian. Learn more about how the process works on our guardianship law page.

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Answers to Common Texas Elder Law Questions

  • How can we protect our parents' home from Medicaid estate recovery in Texas?

    The most common tool is a lady bird deed, which passes the home to family outside probate. The Texas Medicaid Estate Recovery Program recovers only from a person's probate estate, so a home that passes this way generally is not subject to recovery. The home is also usually an exempt asset while a parent is living, which means it does not count against the Medicaid asset limit.

  • What is a Miller trust in Texas, and who needs one?

    A Miller trust, also called a Qualified Income Trust, is a trust that lets someone whose monthly income is over the Texas nursing home Medicaid limit still qualify. Income above the limit is deposited into the trust each month and used for approved costs, such as the person's share of their nursing home care. Anyone whose Social Security, pension and other income together land just over the limit should ask about one before assuming Medicaid is out of reach.

  • What is a lady bird deed in Texas?

    A lady bird deed, formally an enhanced life estate deed, lets a homeowner name who receives the house at death while keeping full control during life. The owner can still live in, sell, mortgage or change their mind about the home without anyone else's permission. At death, the home passes directly to the named family members without probate

  • How far back does Texas Medicaid look at gifts and transfers?

    Texas Medicaid looks back five years, or 60 months, from the date of a nursing home Medicaid application. Gifts and transfers made for less than fair value during that window can create a penalty period during which Medicaid will not pay for care. Planning well before care is needed is the surest way to keep the look-back from delaying coverage.

  • When should we talk to an elder law attorney about nursing home care?

    Ideally, years before care is needed, because early planning keeps the most options open. Families who are already facing a nursing home admission still have steps available, such as spousal protections, a Miller trust and keeping exempt assets exempt. A free 15-minute call is a good first step at any stage.

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Why Families Choose Us

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Care for Your Parents Without Giving Up the Family Home

For more than 20 years, Amy has helped families plan for every stage of life, and she stays available as a parent's needs change long after the documents are signed. Whether your family is in Frisco, McKinney, Plano or elsewhere in Collin County, call us at (469) 296-8202 or schedule a free 15-minute call to talk through where things stand.