Estate Planning for Seniors in Texas
Estate planning in Texas ensures your wishes are carried out and your loved ones are protected. This guide covers essential 2026 estate planning documents, strategies, and resources for seniors and their families.
Essential Documents
Every senior should have these core estate planning documents: a Last Will and Testament directing asset distribution, a Durable Power of Attorney naming someone to manage finances if you cannot, a Healthcare Power of Attorney designating a medical decision-maker, a Living Will or Advance Directive stating end-of-life care preferences, and a HIPAA Authorization allowing designated people to access your medical information.
Wills vs. Trusts
A will takes effect at death and goes through probate. A revocable living trust avoids probate, maintains privacy, and allows seamless management if you become incapacitated. Trusts are especially valuable for larger estates, blended families, or when privacy is important. Many seniors benefit from having both a trust (for major assets) and a pour-over will (to catch remaining assets).
Power of Attorney
A Durable Power of Attorney (DPOA) remains effective if you become incapacitated, unlike a standard POA. A financial DPOA lets your agent pay bills, manage investments, file taxes, and handle financial transactions. A healthcare POA (or healthcare proxy) authorizes your agent to make medical decisions when you cannot. Choose agents you trust completely.
Medicaid Planning
Medicaid planning involves structuring assets to qualify for Medicaid long-term care coverage while preserving wealth for your spouse or heirs. Strategies include irrevocable trusts, Medicaid-compliant annuities, caregiver agreements, and property transfers. Be aware of the 5-year look-back period for asset transfers. Consult an elder law attorney for personalized guidance.
Finding Legal Help
Resources for affordable estate planning include your local Area Agency on Aging, Legal Aid organizations serving seniors, elder law attorneys (find one through the National Academy of Elder Law Attorneys at NAELA.org), state bar association lawyer referral services, and law school clinics. Many attorneys offer free initial consultations for estate planning.
Need Help?
Finding the right benefits and care options can be complex. Talk to our AI guide for personalized assistance, or explore our other resources to learn more about programs available in Texas.