Estate Planning For Peace Of Mind

Nursing home living does not mean loss of property

On Behalf of | Nov 18, 2024 | Elder Law |

Entering a new phase of life often involves adjustments and important decisions. For individuals transitioning to nursing home care, concerns about property and belongings are understandable. Still, it is crucial to understand that nursing home living does not automatically equate to a loss of property.

Your loved ones can keep their homes while receiving care

There are laws to help people keep their property while getting needed care. Here are some key points to consider:

  • Medicaid Estate Recovery Program: This program allows the state to seek reimbursement for Medicaid expenses after a beneficiary’s death. But it does not mean automatic seizure of property.
  • Homestead exemption: In Texas, a person’s primary residence is often protected as a homestead, even if they get Medicaid for nursing home care.
  • Personal property: Residents can keep personal belongings in nursing homes. This includes furniture, clothes and sentimental items.
  • Asset protection strategies: Legal methods exist to protect assets while qualifying for Medicaid, such as certain trusts or transfer of assets to family members.
  • Spousal protection: The law provides provisions to prevent impoverishment of a spouse who remains at home while the other receives nursing home care.

These protections can ease the transition and provide peace of mind for both residents and their families.

Seeking legal guidance is essential

Making decisions about nursing home care involves many factors. Do not hesitate to work with an experienced Texas attorney. By taking this approach, you can safeguard your family’s assets while still providing essential care for your loved ones.