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Board-Certified in Family Law by the Texas Board of Legal Specialization
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Family Law Practice

Elder law is a challenging, detailed and ever expanding area of law focusing primarily on the needs of families and individuals as they age. Issues in this area of practice include senior home care and housing, long-term (i.e. nursing home) care, guardianships and preparation and filing of healthcare documents. It also encompasses Medicaid planning, estate planning, asset protection, veterans benefits and more.


James A. Robertson is an experienced elder law attorney serving the cities of Pearland, Alvin, Manvel, and Lake Jackson Texas. His goal is to help seniors protect their assets, maintain their independence for as long as possible, and enjoy the peace of mind that comes from knowing they have a plan in place for the future. Robertson helps his clients plan in advance to guard their assets against the high cost of nursing home and related healthcare expenses. He also helps them obtain assistance from Medicaid and other funding sources to help cover their long-term care.


                                        The Benefits of Medicaid Planning

The cost of nursing home care in Texas ranges between $4,000 and $7,500 a month. Medicare doesn't cover the costs of long-term nursing home care, it only covers the first few weeks of the stay. As a consequence, many families or individuals run out of money within the first year of a prolonged nursing home stay.  Most of them have no elder care plan in place and they simply react to the situation, doing the best they can.

If you are an aging individual who requires long-term nursing home care, will all your assets be spent down, and your cash depleted? Not necessarily. James Robertson may be able to help you obtain assistance from Medicaid or other sources without having to liquidate all your assets. He can show his clients legal ways to protect their life savings against the high costs of nursing home care through advance elder care planning.

                             Navigating Through the Complexities of Medicaid

When trying to obtain help from Medicaid to pay for nursing home expenses, the applicant soon comes to realize that eligibility requirements dictate that a person have few assets, and low income. There is often then, an assumption that they can simply transfer assets to loved ones to qualify for Medicaid without penalty. This is not the case however. There is a look-back period of five years for all asset transfers or gifts.

If after evaluating a Medicaid application, it is determined that an asset was transferred for less than fair market value during the five year look-back period, a penalty may be assessed, making the applicant ineligible for Medicaid for a period of time, maybe even permanently. If this happens, a nursing home stay will have to be paid for out-of-pocket. Even the sale of the family home could create eligibility problems. And while it is true you can gift a certain amount of money each year without having to pay gift taxes, those gifts may be considered uncompensated transfers by Medicaid and could result in a penalty period during which benefits would be unavailable.

The best course of action is to consult with experienced elder law attorney James Robertson to plan in advance for elder care, or to deal with an unplanned crisis should it arise. He will handle the matter for you in a way that will provide maximum asset protection while obtaining the most financial aid possible.





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    Offices located at 11200 Broadway St, Suite 2743, Pearland, Texas 77584