Our Team Helps Texans Plan for Care — With Care
Aging often brings unique challenges involving finances, family, and health care. Many people wonder how to get the care they need now while planning for the future. At N Thatcher Law, we empower older adults and their families to navigate legal issues, secure benefits, protect assets, and plan for loved ones with compassion and clarity.
Common Legal Issues for Older Adults
Elder law is a broad term that covers many legal matters that arise as people age — from preparing for major life decisions to ensuring that long-term care is available when needed. Many of these concerns are unique to older adults, and the best approach depends on each person’s situation and goals.
An elder law attorney at our firm can help you address important issues, such as:
- Estate planning
- Medicaid planning
- Protecting the family home and other assets
- Powers of attorney
- Advance health directives
- Guardianships
- Long-term care planning
Addressing these concerns often requires a multigenerational approach, with input from family and trusted loved ones. Although it can be hard to think about aging, these conversations are vital — and the sooner you plan, the better prepared you and your family will be. An elder law lawyer at N Thatcher Law can help you develop a plan that protects your hard-earned assets and ensures you and your loved ones receive and can pay for the care you need.
Advance Directives
Advance directives allow you to decide now who will make medical and financial decisions for you if you’re ever unable to do so yourself.
Common advance directives include:
- Health care proxy: Appoints someone you trust to make medical decisions if you’re unable to do so.
- Living will: States your wishes for end-of-life care, guiding family and medical providers about treatments you do — or do not — want.
- Power of attorney: Authorizes someone you trust to handle personal and financial matters on your behalf.
Properly executed advance directives mean that a court-appointed guardian may never be needed. These documents provide peace of mind that your choices will guide your care and protect your financial well-being. They can also help protect assets, secure Medicaid eligibility, and avoid costly and stressful court proceedings.
Because family dynamics and financial considerations often play a big role in these decisions, it’s crucial to work with an experienced elder law attorney. We help you understand your options, choose trusted agents, and incorporate directives into a thoughtful plan for the future.
Guardianship
Sometimes, despite the best planning, an adult may not have valid advance directives in place when they become incapacitated. In these situations, a guardianship may be necessary.
Guardianship is a legal process through which a court appoints someone — the guardian — to make decisions and manage the affairs of an incapacitated person who cannot care for themselves. A family member or loved one can petition the court to serve as guardian by showing that it’s necessary to protect the person’s well-being and financial interests.
A guardian can be responsible for personal care, financial management, or both. If no suitable family member is available, the court may appoint a professional guardian from an approved list.
Long-Term Care Planning
Nursing homes and in-home care providers are vital resources for many older adults — but they also pose a real threat to the assets families have worked their whole lives to build.
Common assets at risk include:
- The family home and real property
- Checking and savings accounts
- Pensions and retirement savings
- Stocks, bonds, and mutual funds
- Certificates of deposit
If you’re concerned about the rising cost of care, it’s important to plan ahead. Our elder law attorneys can help you explore solutions to protect assets, reduce costs, and secure the care you need.
Long-Term Care Insurance
Long-term care insurance can help cover costs for in-home care, assisted living, or nursing homes. But insurers often challenge or limit claims, so it’s important to understand your rights and options when purchasing and using this coverage.
Irrevocable Trusts
Medicaid can help pay for significant long-term care expenses — but strict income and asset limits apply. Without planning, people often spend down their life savings to qualify. A properly structured Irrevocable Trust, also known as a Medicaid Asset Protection Trust (MAPT), can help you qualify for Medicaid and preserve assets for your family.
A MAPT works by moving certain assets — like your home or investments — out of your name. While you give up control of these assets, you may still live in your home and receive income from investments. These assets are protected from Medicaid’s estate recovery program after you pass.
MAPTs can also function as estate planning tools: you can choose who will receive the assets when you pass, and protect heirs from capital gains taxes. Your trust can also specify exactly how and when assets should be used or distributed.
Timing and proper structure are critical: assets must be transferred into the trust early enough to avoid Medicaid’s “look back period.” Setting up a trust alone isn’t enough — it must be funded and tailored to your unique goals.
Keep in mind that while Medicaid is an important option, it does not cover every facility or service. Some communities accept only private-pay residents, so understanding whether Medicaid fits your goals is essential.
Do You Need an Elder Law Lawyer?
If you’re worried about the cost of long-term care, asset protection, or planning for incapacity, you don’t have to figure it out alone. Elder law is complex and touches on many areas of the law — and getting it right can protect your family’s financial future and quality of life.
At N Thatcher Law, we help older adults and their families address the financial and emotional challenges that come with aging, plan ahead for quality care, and gain peace of mind knowing there’s a plan in place when it’s needed most.
Talk to an Elder Law Lawyer at N Thatcher Law Today
If you or a loved one wants to plan for the future, protect assets, and secure needed care, we’re here to help. We offer consultations in person or conveniently by Zoom, FaceTime, or other video conferencing tools.
Contact N Thatcher Law today to start planning with care — for yourself and for those you love.