Guardianship, Medicaid planning, long-term care, and asset protection — counsel for the legal questions that arise as families age.
Schedule a Consultation →Elder law brings together the legal questions that arise as people age — when capacity declines, when long-term care becomes necessary, when government benefits are needed, and when families have to make decisions for loved ones who can no longer make them alone. PEEPL Law represents seniors, their adult children, and family caregivers through these transitions, with attention to dignity, family relationships, and the financial pressures that long-term care can create.
We work with families in Travis County and the surrounding Hill Country area, including Lakeway, Bee Cave, Steiner Ranch, Spicewood, The Hills, Falconhead, Sweetwater, Rough Hollow, and Travis Club.
The need for elder law counsel is growing — fast. In 2019, 54.1 million Americans were age 65 or older. By 2040, that number is projected to reach 80.8 million, and by 2060 it climbs to 94.7 million — roughly one in four Americans. Source: U.S. Administration for Community Living, Projected Future Growth of the Older Population.
Texas is on the same trajectory, and arriving sooner than most realize. Texans 65 and older made up 13.5% of the state's population in 2020. By 2060, the Texas Demographic Center projects that share will reach roughly 22% — what demographers classify as an “ultra-aged society.” Between 2023 and 2050 alone, the number of Texans 65 and older is expected to grow by more than 88%. Source: Texas Demographic Center, Vintage 2024 Population Projections.
What this means for families: more parents needing long-term care, more adult children stepping into caregiver and decision-maker roles, more estates passing through probate, and more pressure on Medicaid and other public benefit programs. Planning earlier — while capacity is intact and before a crisis forces decisions — produces materially better outcomes than reacting after the fact.
PEEPL Law handles the full range of Texas elder law matters:
Texas elder law has features that differ from other states:
Texas law explicitly favors alternatives to guardianship when the person can be supported in making their own decisions. See Texas Estates Code § 1101.101 on the Court's findings before appointing a guardian.
A properly executed durable power of attorney under Texas Estates Code Chapter 752 can avoid the need for guardianship of the estate in many situations.
Texas was an early adopter of supported decision-making as a guardianship alternative. See Texas Estates Code Chapter 1357.
Texas applies the federal five-year look-back for transfers when evaluating Medicaid long-term care eligibility. Planning needs to account for this timeline.
Guardianship matters in Travis County are heard at the Travis County Probate Court. The court has dedicated guardianship procedures and a Court Visitor program that interviews proposed wards.
We discuss the family situation, the senior's current capacity and care needs, financial picture, and what triggered the call. We identify whether the situation needs a guardianship, a less-restrictive alternative, Medicaid planning, or some combination.
We review existing powers of attorney, medical directives, and estate plan documents. For care-planning matters, we coordinate with care providers and family members on the current and projected level of care needed.
We outline the legal options and their tradeoffs — for example, applying for guardianship versus restructuring under a power of attorney, or various Medicaid-planning approaches with their respective look-back implications.
For guardianship, we prepare and file the application, coordinate with the Court Visitor and any required medical evaluations, and represent the family at hearings. For Medicaid and asset-protection matters, we draft the necessary trusts, transfers, and applications.
Guardianships require annual reporting to the court. Medicaid planning often requires periodic review as circumstances change. We support families through these ongoing obligations.
Guardianship is necessary when a person can no longer make their own decisions and there are no less-restrictive alternatives in place. If the person previously executed a durable power of attorney and medical power of attorney while they had capacity, those documents often eliminate the need for guardianship. Texas courts must specifically find that less-restrictive alternatives are not feasible before appointing a guardian.
For Medicaid long-term care eligibility, the program reviews financial transfers made within the five years before application. Transfers made for less than fair market value during that period can result in a penalty period of Medicaid ineligibility. Planning earlier — ideally well before care is needed — generally produces better outcomes.
The home is generally an exempt asset for Medicaid eligibility purposes during the applicant's lifetime. However, Medicaid Estate Recovery may seek reimbursement from the estate after death. Planning options exist to address this risk, but they have their own tradeoffs.
Supported decision-making is a Texas alternative to guardianship for adults with disabilities who can make their own decisions with help. Under a Supported Decision-Making Agreement, the person retains legal capacity and chooses one or more supporters to help them gather information, understand options, and communicate decisions. It is often appropriate when guardianship would be more restrictive than the person actually needs.
Costs vary widely. A guardianship contested by family members costs substantially more than an uncontested application. Medicaid planning ranges from straightforward to complex depending on assets and family situation. We discuss expected costs at the initial consultation.
PEEPL Law represents Texas seniors and their families across Travis County and surrounding Hill Country areas. Initial consultations are confidential and focused on your specific situation.
The information provided on this website is for general informational purposes only and should not be construed as legal advice. Visiting this site or contacting our firm through this site does not establish an attorney-client relationship. Every legal situation is unique, and you should consult with a qualified attorney to obtain advice tailored to your specific circumstances. PEEPL LAW disclaims any liability for actions taken based on the information contained herein.
