Austin, TX estates planning & probate attorney Kyle Robbins shares what you should know about elder law and long-term care. He explains that elder law is a broad area, but much of it revolves around Medicaid planning. When a client appears likely to need Medicaid for end-of-life care, it is often necessary to “spend down” assets to around $2,000, with the exception of their home. In Texas, he notes, there is a useful provision—essentially a legal loophole—that allows clients to qualify for Medicaid while keeping their home. With proper planning, when the client passes away, they can transfer up to half a million dollars of home equity to their loved ones without reimbursing Medicaid.

Another significant area of elder law he handles is guardianship. If an individual has diminished mental capacity and can no longer manage their finances, the guardianship process allows a probate court to transfer that responsibility—typically to a family member acting as guardian.

He observes that, in his practice, Medicaid planning and guardianship are the two largest components of elder law.