Legal Question in Wills and Trusts in Texas

Senior citizen property and assets protetion.

My elderly parents are concerned their house and savings should they ever be

admitted to a nursing home. Their house is worth 80,000. and cash in banks is

approx. 60,000.


Asked on 1/13/00, 11:00 am

2 Answers from Attorneys

Roger Powell Roger T. Powell, Attorney

Re: Senior citizen property and assets protetion.

You haven't asked a question but if you had, it would

have been a good one.

Generally everyone is required to pay for their

own maintenance in nursing facilities. Social

Security will not pay for extended stays in a

nursing facility. Your mother and father will have

to use their savings in order to pay for the

nursing home. They will be able to apply for

medicaid when their assets reach a nominal amount,

about $1,200.00. They probably can maintain their

home and still receive medicaid assuming they

express an intent to return to the home some day.

Your mother and father can give you all their assets

including the home but if they go to a nursing

facility within a three year period they will have

to support themselves for the first three years

after the gift. Otherwise they probably are on

their own as far as payments go.

Hopefully someone out there has a magic bullet

and will let us all in on it.

Good luck!

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Answered on 1/19/00, 6:53 pm
Weston Cotten Weston Cotten Attorney at Law

Re: Senior citizen property and assets protetion.

There is no magic bullet, but there are ways to protect the assets and still qualify one, or both parents if they need to go into a nursing home and well before 36 months. When the need arises and no need to do so before, call a qualified Elder Law attorney about Medicaid Eligibility. We qualify people for Mediciad in the nursing home and protect assets all the time and with great success in keeping the family assets safe and available to the family and getting Medicaid eligibility

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Answered on 1/19/00, 11:30 pm


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