Elder Law

Protecting You and Your Legacy

As we grow older, we tend to worry about two outcomes: becoming incapacitated due to injury or illness and being unable to afford long-term care. Elder law includes legal and financial planning measures that can minimize and even avoid these threats. You can appoint loved ones to make important decisions for you and set up estate planning instruments that prevent your hard-earned wealth from barring your access to Medicaid when you need it.

At the Amsberry Law Firm, we can help you secure your future or that of an elderly loved one by using the following measures:

Estate planning

From wills to trusts to medical releases, the Amsberry Law Firm can help you prepare and protect your estate – visit our Estate Planning page for more information.


If an elderly relative is suffering from dementia or another age-related deterioration of their mental faculties, we can help you pursue a guardianship appointment to ensure their safe ongoing care and protect their assets from being depleted or misused.

Income Cap Trust (Miller’s Trust)

Also called Qualified Income Trusts, Miller’s Trusts enable Medicaid applicants whose income exceeds approved limits to become eligible for Medicaid long-term care. We will set up a trust that holds surplus income to prevent it from harming eligibility.

Medicaid / Medicare applications

Attorney Russell Amsberry has extensive Medicaid and Medicare planning experience and will assist you in presenting your financial information in a way that’s likely to get you approved for the benefits you need.

Lady Bird Deeds

A lady bird deed allows you to transfer ownership of real estate to someone else while retaining the ability to use and dispose of that property as you wish. When you die, it passes to your beneficiary without having to go through probate. We can create a lady bird deed that lets you remain in your home without affecting your eligibility for public benefits.

Grandparents’ rights and access

By offering love and wisdom, grandparents play an essential role in a child’s life. The Amsberry Law Firm supports Texas grandparents who want to ensure the safety and wellbeing of their grandchildren.

Nursing home abuse

Every year, seniors across the state are subjected to neglect and abuse in poorly-run facilities with untrained staff. If this happens to someone you love, let us help you hold the administrators accountable and seek the compensation needed to provide the care that your family member deserves.

Fraud, conversion, and breach of fiduciary duty

Unfortunately, many Texas seniors are defrauded and robbed of their hard-earned wealth by the people tasked with protecting their best interests. The Amsberry Law Firm will fight to recover any losses, so that your loved one’s right to a comfortable retirement is not jeopardized.

Attorney Russell Amsberry has extensive experience serving clients with estates of all sizes. When you have concerns or are going through a tough time, you can count on him to be a comforting and compassionate advocate for you. To schedule a free consultation, please contact us today.