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Tomball Medicaid Lawyers 

Preparing Clients for Medicaid Nursing Home Eligibility in Texas

No one should have to dissolve their estate to afford the care they need when they get older. Millions of seniors require nursing homes as they advance in age, and the cost of this care can rise to more than $100,000 per year. Fortunately, Medicaid planning provides seniors with a way to afford their nursing home care while preserving as many assets as possible. 

Theander & Grimes, PLLC can provide the legal support necessary for older Americans who require a nursing home. From Medicaid planning to assistance with the application process and appeals in the event of a denial, we can be the advocates you can count on for legal help for matters as sensitive as these. Rest assured that our guidance is personalized, which means our Medicaid lawyers in Tomball will strive to ensure our services address your unique situation along the way. 


Reach out to Theander & Grimes, PLLC today to request a consultation – call (281) 968-9965 now to get started with our Medicaid attorneys in Tomball.


What is Medicaid?

Medicaid is considered a federal and state program that provides health coverage to eligible low-income individuals, including families, pregnant women, elderly adults, and people with disabilities. The program covers a wide range of medical services, from hospital and doctor visits to long-term care, such as nursing home services. Medicaid is jointly funded by the federal government and individual states, allowing for some variations in coverage and eligibility criteria from state to state. In Texas, Medicaid is administered by the Texas Health and Human Services Commission (HHSC).

How We Can Help with the Medicaid Planning Process 

At Theander & Grimes, we strive to make the Medicaid planning process as clear and simple as possible. While attempting to apply for Medicaid on your own can be daunting and put your chances of success at stake, our experienced legal assistance can lessen the frustration and help you achieve a favorable outcome. 

Consulting with our Medicaid attorneys in Tomball can provide various benefits, including these: 

  • Guidance: Medicaid can be complicated to navigate on your own, but our experienced attorneys understand the whole process. We can help you identify potential risks and pitfalls along with opportunities that can increase your odds of success. 
  • Benefits Eligibility: Consulting with us can help you understand how you can qualify for Medicaid, including the limits on assets and income. If you don’t think you can qualify for Medicaid, we may be able to develop a strategy that can accomplish this goal. 
  • Qualified Income Trust: Those with too much income may not qualify for Medicaid, but forming a Qualified Income Trust is one way you or a loved one can become eligible without giving up important sources of retirement income. 
  • Legal Documentation: If you or a loved one will need a nursing home within a few years, planning now can help you ensure that you can qualify on time. 
  • Medicaid Appeal: Were you denied Medicaid benefits? Although this is a setback, it doesn’t mean you can’t appeal the decision for a better outcome. When you need help, we’ll be there.  

What are the Benefits of Medicaid Planning?

Medicaid planning is crucial in ensuring that you or your loved ones can qualify for Medicaid benefits while preserving assets for future generations. Engaging in strategic Medicaid planning offers several significant benefits:

  • Asset Protection: One of the primary goals of Medicaid planning is to protect your assets. Without proper planning, individuals could be required to spend down their assets to meet Medicaid's strict financial eligibility criteria. By structuring your finances and assets correctly, you can qualify for Medicaid while preserving wealth for your family. This may involve techniques such as creating irrevocable trusts, transferring property, or converting countable assets into exempt assets.
  • Qualifying for Benefits: Navigating the complexities of Medicaid eligibility can be challenging. Medicaid planning helps ensure that you meet the stringent income and asset requirements. Proper planning can involve timing the application process to avoid penalties, restructuring income, and utilizing spend-down strategies to legally reduce your countable assets.
  • Avoiding Penalties: Improper asset transfers can lead to penalties and delay Medicaid eligibility. Medicaid planning helps avoid these pitfalls by ensuring all asset transfers comply with Medicaid's look-back period rules. This careful planning also helps avoid unnecessary delays in receiving benefits, which can be critical for those needing immediate care.
  • Reducing Burden on Family: Long-term care can financially and emotionally drain families. Medicaid planning alleviates this burden by securing coverage for long-term care costs, allowing families to focus on their loved ones' well-being rather than financial concerns. This support can make a significant difference in the quality of life for both the individual requiring care and their family members.
  • Access to Better Care: Medicaid covers the cost of long-term care, allowing individuals to access a higher standard of care than they might otherwise afford. Medicaid planning ensures that individuals can choose quality nursing homes and in-home care services without worrying about prohibitive costs.
  • Preserving the Family Home: For many, the family home is the most significant and emotionally valuable asset. Medicaid planning strategies can help protect the family home from being sold to cover long-term care costs. Techniques such as creating a life estate or transferring the home to a spouse or disabled child can preserve this important asset.
  • Peace of Mind: Medicaid planning provides peace of mind by ensuring that you have a clear, structured plan for future healthcare needs. Knowing that you or your loved ones are prepared for the future, with necessary care secured and assets protected, brings a sense of security and relief.

Types of Medicaid Long-Term Care

In Texas, there are three distinct categories of Medicaid long-term care programs tailored for seniors:

  • Institutional / Nursing Home Medicaid: 
    • Those who are eligible will receive assistance
    • Benefits are only provided in nursing homes
  • Medicaid Waivers / Home and Community-Based Services: 
    • Number of participants is restricted, resulting in waiting lists
    • Focused on avoiding nursing home placement; care is home-based, via adult day care, adult foster care homes, or assisted living
  • Regular Medicaid / Medicaid for the Elderly and People With Disabilities (MEPD): 
    • Benefits are provided if a person is eligible
    • Covers a wide range of long-term care services such as personal care assistance and adult day care

Have questions about eligibility for any of these Medicaid long-term care programs? Speak with a seasoned Tomball Medicaid lawyer at Theander & Grimes, PLLC. Contact us online or call (281) 968-9965 to schedule an appointment.

How Do I Qualify for Medicaid Nursing Home Care? 

To qualify for Medicaid nursing home care in Texas, you must meet certain eligibility requirements. These include income and asset limits, as well as proof of residency in the state. 

Your financial status will be evaluated using a stringent formula to determine whether or not you are eligible for assistance from the program. Generally speaking, if your monthly income is less than $2,742 and your resources are valued at under $2,000 (for an individual, not including your home and vehicle), then you may qualify for Medicaid nursing home care. You can also qualify by funding income through a Qualified Income Trust. 

You must also prove that you are a legal resident in the state of Texas to receive assistance from the program. You will need to provide documentation such as a driver's license or other valid photo identification. 

By making sure you meet all of the eligibility requirements and have the necessary documentation, you can increase your chances of receiving Medicaid nursing home care. Our Medicaid lawyers in Tomball can help!

Contact Our Tomball Medicaid Attorney Today

Theander & Grimes is committed to helping people plan for their long-term care. Our legal team is experienced in every aspect of Medicaid planning, including eligibility requirements, asset protection strategies, and estate planning. We understand that navigating the complexities of the system can be difficult, and we are here to help you make sense of it all. 

Our Medicaid lawyers in Tomball can work with you to create a comprehensive plan tailored to your needs, ensuring that your assets are protected and that you can receive the benefits available from Medicaid. We understand your situation is unique, and we are here to ensure that you get the best outcome possible. 


Contact us at (281) 968-9965 for more information on how Theander & Grimes can help you with your Medicaid planning. Our Tomball Medicaid lawyers are ready to answer your questions and guide you.


  • “Don't wait, Amanda and team are fantastic.” - Lem M.
  • “I highly recommend working with Amanda and her law firm.” - George H.
  • “I highly recommend Amanda Grimes and her colleagues at Theander & Grimes.” - CC

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