Elder Law

While estate planning focuses primarily on the transfer of assets after death, elder law addresses the legal challenges that arise during a person's lifetime as they age. Elder law covers issues like long-term care planning, Medicaid eligibility, guardianship, protection from abuse and exploitation, and navigating the healthcare system. There is significant overlap — both fields involve powers of attorney, trusts, and advance directives — but elder law is specifically concerned with the practical, day-to-day legal needs of aging adults and their families. Many of our clients in the McKinney, Frisco, and Plano area benefit from both estate planning and elder law services working together.

Families should generally expect $3,000 to $8,000 or more in attorney fees, plus court costs and the fees of court-appointed representatives. Part of that cost is not optional: under Texas Estates Code § 1054.001, the court must appoint an attorney ad litem to represent the proposed ward's interests, including the proposed ward's expressed wishes — so every guardianship pays for a second lawyer whose job is to scrutinize the application, and a guardian ad litem may be appointed as well. Contested guardianships, where relatives disagree about who should serve or whether a guardianship is needed at all, cost considerably more. Guardians are also typically required to post a bond and file annual reports, so the expense continues for the life of the guardianship. This is the central argument for signing a durable power of attorney and a medical power of attorney early. Those documents cost a fraction of a guardianship, and they are only available while the person still has capacity to sign them.

Yes, though timing determines which tools are available. Planning years ahead opens the widest range — irrevocable trusts, strategic gifting, and asset repositioning — because transfers made more than 60 months before an application fall outside the look-back window entirely (42 U.S.C. § 1396p(c)(1)(B)(i)). When a parent already needs care, the work shifts from gifting to a constructive spend-down, and it is still very much worth doing. Federal spousal impoverishment rules at 42 U.S.C. § 1396r-5 protect the spouse who remains at home: for 2026 the Community Spouse Resource Allowance is $162,660, and Texas exempts the homestead, one vehicle, and certain other resources while the applicant spends down to $2,000. The homestead is often preserved for the family through a Lady Bird deed, which keeps the house out of the probate estate that Medicaid estate recovery reaches under 42 U.S.C. § 1396p(b). What almost never works is a well-meaning gift to a child right before applying — that is the transaction that creates a penalty period. Bring us the plan before any money moves.

A supported decision-making agreement (SDMA) is a legal alternative to guardianship established under Chapter 1357 of the Texas Estates Code. It allows an adult with a disability or cognitive impairment to designate trusted supporters who help them make decisions about daily life, healthcare, and finances — without removing the individual's legal rights. The person retains decision-making authority and simply receives assistance in understanding and communicating their choices. Texas was one of the first states to enact SDMA legislation, and the alternative is not merely encouraged — it is a required finding. Before a court may appoint a guardian, Texas Estates Code § 1101.101(a)(1)(D)–(E) requires the judge to find, by clear and convincing evidence, that alternatives to guardianship and available supports and services have been considered and determined not to be feasible. A family that arrives at the courthouse without having considered an SDMA, a durable power of attorney, or a representative payee arrangement is asking the court to make a finding the record does not support. For many families this is also the better outcome on the merits: it provides real help without stripping a person of the right to vote, marry, drive, or decide where to live.

If your parent no longer has the capacity to understand and sign a durable power of attorney, that document is no longer an option — a durable power of attorney must be signed by the principal and acknowledged before an authorized officer under Texas Estates Code § 751.0021, and a signature obtained from someone who cannot understand it is voidable and invites a later challenge. The remaining route is a court-supervised guardianship under Chapter 1101. That means filing an application, obtaining a physician's certificate of medical examination, service on the proposed ward, appointment of an attorney ad litem under § 1054.001, and a hearing at which the court must find by clear and convincing evidence that your parent is incapacitated and that no less restrictive alternative is feasible (§ 1101.101). Expect roughly 60 to 90 days in an uncontested case and several thousand dollars, followed by annual reporting to the court. Before assuming guardianship is the only path, it is worth checking whether a previously signed power of attorney exists, whether a supported decision-making agreement fits, or whether a representative payee can handle a benefits-only situation — some families need far less than a full guardianship.

Yes — 60 months. Under 42 U.S.C. § 1396p(c)(1)(B)(i), the state reviews every transfer made for less than fair market value in the five years before the application date. Transfers found in that window create a penalty period, and the arithmetic is worth understanding because families consistently underestimate it. Texas divides the uncompensated value by the HHSC daily private-pay penalty divisor, which is $262.37 per day for 2026. A $120,000 gift to a child therefore produces roughly 457 days — about 15 months — of ineligibility. The cruelest feature is when the clock starts: not on the date of the gift, but on the date the applicant is otherwise eligible and receiving institutional care. In other words, the penalty lands precisely when the person is in a nursing home, broke, and has no way to pay. Some transfers are exempt, including transfers to a spouse, to a blind or disabled child, and certain transfers of the homestead to a caregiver child or a sibling with an equity interest. If a transfer has already happened, do not assume the situation is hopeless — undoing the gift or restructuring around it can shorten or eliminate the penalty, but it needs to be evaluated before the application is filed.

If you suspect an elderly person is being abused, neglected, or financially exploited, you can report it to the Texas Department of Family and Protective Services (DFPS) by calling the Texas Abuse Hotline at 1-800-252-5400, available 24 hours a day, seven days a week. You can also file a report online through the DFPS website. Under the Texas Human Resources Code, certain professionals — including healthcare workers, clergy, and financial institution employees — are mandatory reporters. If you believe someone is in immediate danger, call 911. In addition to reporting, consulting an elder law attorney can help you take legal action to protect the senior, such as obtaining a protective order, revoking a misused power of attorney, or pursuing civil recovery of stolen assets.

WG Law provides elder law services to families throughout the Dallas-Fort Worth metroplex, including McKinney, Frisco, Plano, Allen, Dallas, Fort Worth, Denton, Southlake, and surrounding communities. We handle matters in Collin County, Denton County, Dallas County, Tarrant County, and other North Texas counties. Our office is conveniently located for families in the northern DFW corridor, and we offer consultations to help families at any stage — whether you are planning ahead or responding to an urgent situation involving a senior loved one.