Elder Law & Asset Protection

Advanced Asset Protection. Compassionate Family Guidance.

Over my 35 years of practicing law in Texas, I’ve witnessed firsthand how healthcare transitions create profound challenges for families. I’ve watched countless neighbors struggle with heartbreaking decisions: how to afford quality nursing facility care, how to care for loved ones at home, and how to shield the land, home, and savings they’ve worked a lifetime to build.

These aren't just legal issues—they are deeply personal family matters that require both technical mastery and genuine empathy. Recognizing the critical need for sophisticated counsel in our region, I earned an advanced Master of Laws (LL.M.) in Elder Law from Stetson University College of Law, the nation’s premier program in the field.

This specialized graduate training allows our firm to bring elite wealth-preservation and long-term care strategies directly to families across Burnet, Llano, and our Hill Country communities.

🛡️ Long-Term Care & Medicaid Asset Protection

Nursing home costs in Texas frequently exceed $6,000 to $9,000 a month, which can devastate a family's life savings in a matter of months. Whether planning years ahead or facing an immediate admission crisis, we deploy legal solutions to help loved ones qualify for Medicaid while shielding family wealth:

  • Spousal Impoverishment Protections: Preserving maximum income and resource allowances so a healthy spouse can remain comfortable at home.

  • Qualified Income Trusts (Miller Trusts): Structuring specialized statutory trusts to manage excess monthly income that would otherwise disqualify an applicant from benefits.

  • Lawful Spend-Down & Resource Restructuring: Converting vulnerable, countable assets into protected, non-countable resources without incurring statutory transfer penalties.

🏡 Homestead Defense & Texas MERP Shielding

Under Texas law, your home and acreage are generally protected while qualifying for Medicaid during life. However, without proactive planning, the state can file a claim against your estate after death through the Medicaid Estate Recovery Program (MERP) to recoup those expenses.

  • Lady Bird Deeds (Enhanced Life Estate Deeds): Retain total ownership, control, and freedom to sell or refinance your home or land during life, while automatically transferring title to your heirs at death—completely bypassing probate and shielding the property from MERP claims.

  • Strategic Title Structuring: Aligning survivorship terms and deeds to protect family ranches and property from government reimbursement claims.

📑 Incapacity Planning & Guardianship Prevention

When illness or cognitive decline strikes, standard form powers of attorney often fall short when challenged by financial institutions or healthcare systems:

  • Enhanced Durable Powers of Attorney: Customized statutory powers granting specific authority for long-term care restructuring, asset transfers, and government benefit applications.

  • Medical Directives & Healthcare Powers: Establishing clear, legally binding instructions that ease family distress and eliminate uncertainty during medical emergencies.

  • Guardianship Avoidance: Putting comprehensive legal instruments in place to protect dignity and autonomy while avoiding public, emotionally draining, and expensive court guardianships.

🏛️ Special Needs & Supplemental Care Trusts

Leaving property outright to a loved one receiving government benefits (such as SSI or Medicaid) can unintentionally disqualify them from vital assistance. We establish first-party and third-party Special Needs Trusts that provide supplementary funds to enhance quality of life without disrupting essential public benefits.

Your Family's Protection Starts with a Conversation

Every family's story and asset picture is unique. I take the time to listen—not just to your legal checklist, but to your family dynamics, your concerns, and your long-term goals. Whether you are proactively planning ahead or navigating an urgent healthcare crisis, I am here to provide clear guidance, elite strategy, and personal attention in plain English.

Law Office of Tommy Adams

Burnet, Texas 78611

(Catty-corner to the Burnet County Courthouse)

Phone: (325) 643-9888

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