We all want what is best for our families. Ideally, we would like to help loved ones on both ends of the continuum of life: the younger generation with expenses related to college, home buying, and starting their families; and the elder generation with expenses related to retirement, nursing home costs or assisted living situations and long-term medical care, if necessary. You have likely worked hard with exactly these goals in mind. But when it comes to balancing the needs of your family, you do not want one side’s needs to erase the hopes of the other. With careful planning, you can protect your investments for your own retirement and the next generation while still providing quality care for aging family members.

Long-Term Care

With nursing homes averaging $79,000 a year, and many people living in nursing homes or assisted living facilities for three years (or more) on average, the expense can be staggering. Creating a trust just might be the solution to help your family manage those expenses.


To be eligible for Medicaid, an applicant’s assets, including income, must be less than a certain amount. If they exceed the financial limits, they will not qualify for Medicaid assistance. In some states, however, that money can be “spent down” – lowering the income or assets right into the Medicaid eligibility range. Certain assets are countable including bank accounts, stocks and bonds, property, cash value of life insurance policies, 401Ksand vehicles. Other assets are “non-countable assets,” which include IRA’s if getting required minimum distributions, primary residences (such as your homestead), personal property, and pre-paid funeral expenses.

Irrevocable Trust

Shifting a loved one’s assets from “countable” to “non-countable” assets is best done through an irrevocable trust. Under an irrevocable trust, a trustee is named to manage the fund. The trustee takes charge of the day-to-day operations of the fund and is not required to make any specific payments. But the trust also helps enable you or your loved one become eligible for Medicaid.

Medicaid planning attorneys do have a look-back period that varies by state that may result in a delay of eligibility and can include penalties. That is why advanced estate planning is pertinent as you prepare for long-term care while protecting your legacy for generations to come. Contact us to find out how we can help you.

Written by Kimberly Hegwood, an experienced Texas Elder Law and Estate Planning Attorney and the founder of the Hegwood Law Group, PLLC in Houston, Texas.  Attorney Hegwood is a Member of the National ElderCare Matters Alliance, and she and her law firm have a Featured Listing on – America’s National Directory of Elder Care / Senior Care Resources to help families plan for and deal with the Issues of Aging.

Elder Care Directory






If you have additional questions about your family’s Elder Care / Senior Care Matters, you can count on (America’s National Directory of Elder Care / Senior Care Resources) to help you find local Elder Care / Senior Care Professionals who can help you with your family’s Issues of Aging.  Search our National Database by City and Service Category.  (This Search feature is located on the homepage of

The Elder Care / Senior Care Experts that are found on can provide you with the help you need in a wide range of Elder Care / Senior Care Services, including Elder Law, Estate Planning, Home Health, Assisted Living, Care Management, Daily Money Management, Senior Living, Investment Advisory Services, Tax & Accounting Services, Wills & Trusts, Probate plus many other Elder Care Services.

We look forward to helping you plan for and deal with your family’s Issues of Aging.


PROTECTING ASSETS FROM MEDICAID was last modified: April 17th, 2023 by Kimberly Hegwood