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Practical help for seniors living on a limited income

Medicaid Long-Term Care

Budget Seniors, December 28, 2025December 28, 2025

Key Takeaways: Quick Answers About Medicaid Long-Term Care 📝

  • What’s the 2025 asset limit? 💰 $2,000 in most states—but your home, one car, and wedding rings don’t count.
  • Can my spouse keep any money? ✅ Yes! Up to $157,920 through the Community Spouse Resource Allowance.
  • What’s the dreaded “look-back period”? ⏰ 60 months (5 years) in most states—gifts made during this time trigger penalties.
  • Will Medicaid take my home after I die? 🏠 Possibly—through Estate Recovery—but there are legal ways to protect it.
  • Where do I apply? 📞 Your local Department of Social Services or Area Agency on Aging.

💵 1. The $2,000 Asset Limit Is Real—But Exemptions Are Massive

In most states in 2025, the individual asset limit for all three Medicaid Long Term Care programs is $2,000. That sounds impossibly low—until you understand what’s actually counted.

Counted Assets 💰Exempt Assets ✅💡 Insider Tip
Bank accounts, CDs, savingsPrimary home (with limits)Home exempt if you live there OR have “Intent to Return”
Stocks, bonds, mutual fundsOne vehicle (any value)🐾 Second car counts unless spouse needs it
Cash value life insurance over $1,500Household furniture/appliances✅ Irrevocable funeral trusts are exempt
Retirement accounts (IRAs, 401ks—varies by state)Wedding/engagement rings🩺 Some states exempt retirement accounts entirely
Rental property incomePersonal effects, clothingCheck your state’s specific IRA rules

The asset limit does vary greatly by state, ranging from $1,600 in Connecticut to $17,500 in Illinois to no asset limit in California—though California will reinstate limits in January 2026.

📞 Contact: Your state Medicaid office—find yours at medicaid.gov/about-us/contact-us


🏠 2. Your Home Is Protected—But Only Under These Conditions

The family home is often the largest asset seniors own, yet it doesn’t automatically disqualify you from Medicaid. The home equity interest limit in most states for 2025 is either $730,000 or $1,097,000.

Home Exemption ScenarioProtected?💡 Critical Detail
You live in the home✅ YesMust be your primary residence
Spouse lives in home✅ YesProtected regardless of your location
You’re in nursing home but intend to return✅ Yes“Intent to Return” must be documented
Minor child (under 21) lives there✅ YesFull protection until child turns 21
Disabled child of any age lives there✅ YesMust meet Social Security disability definition
Home equity exceeds state limit❌ NoExcess equity counts as an asset

⚠️ Warning: While your home is protected during your lifetime, it may be subject to Estate Recovery after death. See Section 8 for protection strategies.


👫 3. The Spousal Protection Rules That Save Marriages from Poverty

When only one spouse of a married couple applies for Medicaid long-term care, Federal Spousal Impoverishment Rules prevent the non-applicant spouse from having too little income and resources from which to live.

Protection Type2025 AmountWhat It Means
Community Spouse Resource Allowance (CSRA)Up to $157,920Non-applicant spouse can keep this in assets
Minimum CSRA$31,584States cannot set limit below this
Monthly Maintenance Needs Allowance (MMMNA)Up to $3,948/monthApplicant can transfer income to spouse
Minimum MMMNA~$2,555/monthProtects spouse’s monthly income needs

Example: John needs nursing home care. His wife Mary can keep up to $157,920 in their joint assets PLUS their home, car, and personal belongings—even if John only has $2,000 remaining in his name.

Medicaid state officials should implement the CSRA when it’s relevant to an application. However, this doesn’t always happen correctly, so applicants or their representatives should also do the calculations and make it clear they will be using the CSRA on their application.


⏰ 4. The 5-Year Look-Back Period: The Rule That Destroys Families

In most states, the Look-Back Period is 60 months (five years), which means the state will look back into the applicant’s financial history for the 60 months prior to their application to see if they have given away any assets or sold them at less than fair market value.

Transaction TypePenalty?💡 How to Avoid
Gifting money to children/grandchildren❌ YesWait 5+ years OR use exempt strategies
Selling home to family below market value❌ YesMust sell at fair market value
Paying family member for care (no contract)❌ YesUse formal Caregiver Agreement
Transferring assets to spouse✅ No penaltySpousal transfers always allowed
Transferring home to caregiver child (2+ years care)✅ No penaltyChild must have lived there 2 years
Transferring home to sibling with equity interest✅ No penaltySibling must have lived there 1 year

The Devastating Penalty Formula:

To calculate the length of a Medicaid applicant’s Penalty Period, the value of all countable assets gifted or sold for under fair market value during the Look-Back Period are added together. This amount is then divided by the Penalty Divisor—the average monthly cost of nursing home care in your state.

Example: You gifted $100,000 to your children 3 years ago. Your state’s average nursing home cost is $10,000/month. Penalty = $100,000 ÷ $10,000 = 10 months of ineligibility—during which you must pay out-of-pocket.


🛡️ 5. Legal Ways to “Spend Down” Assets Without Triggering Penalties

Applicants can legally reduce countable assets by spending them on qualified expenses before applying for Medicaid. Allowable expenses include home repairs, medical costs, prepaid funeral arrangements and paying off debts.

Approved Spend-Down ✅Violates Look-Back ❌💡 Documentation Required
Paying off mortgageGiving money to grandchildrenMortgage payoff statement
Home repairs/modificationsCharitable donations (some states)Contractor invoices
Prepaid irrevocable funeral trustTransferring property for $1Funeral home contract
Medical equipment (wheelchair ramp, stairlift)Buying expensive giftsReceipts + medical necessity letter
Paying outstanding medical billsAdding children to accountsPaid bill statements
Purchasing Medicaid-compliant annuityCreating revocable trustsAnnuity contract
Hiring family caregiver WITH contractInformal payments to familyCaregiver Agreement

⚠️ Critical Warning: The IRS allows an annual Estate and Gift Tax Exemption of up to $19,000 per recipient without reporting it to the IRS. This federal Gift Tax Exemption does NOT extend to Medicaid’s rules. Gifting under this exemption violates the Medicaid Look-Back Rule.


📊 6. Income Limits: What Most People Get Wrong

In most states in 2025, the individual income limit for Nursing Home Medicaid and HCBS Waivers is $2,901/month. But here’s what the government doesn’t advertise: even if you exceed this limit, you can still qualify.

Program Type2025 Income LimitOver the Limit?
Nursing Home Medicaid$2,901/month (most states)Use Qualified Income Trust (QIT)
HCBS Waivers$2,901/month (most states)Use Miller Trust or Spend-Down
Aged, Blind, Disabled (ABD)$967-$1,795/month depending on stateMedically Needy Pathway available

The Qualified Income Trust (QIT) Solution:

If your income exceeds Medicaid’s limit, a Qualified Income Trust (also called a Miller Trust) allows you to deposit excess income into a special irrevocable trust. This legally makes you income-eligible while the trust pays your care costs.

State TypeIncome Handling💡 Example
Income Cap StatesMust use QIT if over $2,901If income exceeds the limit, a Qualified Income Trust must be created to facilitate eligibility
Medically Needy StatesExcess income pays care costsNY, CT, CA allow “spend-down” programs

📝 7. The Three Types of Medicaid Long-Term Care—And Which You Need

ProgramCare SettingLevel of Care RequiredWait List?
Nursing Home MedicaidSkilled nursing facilities onlyNursing home level of care❌ Usually no wait
HCBS WaiversHome, assisted living, adult day careNursing home level (but prefer home)⚠️ Often YEARS-long wait
Aged, Blind, Disabled (ABD)Home-based careHelp with daily activitiesVaries by state

Long-term care (LTC) is not an entitlement program like regular Medicaid and does not include medical care, doctor visits or hospital stays.

💡 Insider Strategy: If you need home care through HCBS Waivers but face a wait list, apply for Nursing Home Medicaid first (no wait), then transition to HCBS when a slot opens.


🏚️ 8. Estate Recovery: How Medicaid Reclaims Your Home After Death

Medicaid’s Estate Recovery Program, abbreviated as MERP or MER, is a mandatory program through which a state’s Medicaid agency seeks reimbursement of all long-term care costs for which it paid for a Medicaid beneficiary.

Protected From MERP ✅Vulnerable to MERP ❌💡 Protection Strategy
Surviving spouse lives in homeHome in probate with no protectionsKeep home in spouse’s name only
Minor child (under 21) lives thereHome passes through willUse Lady Bird Deed or TOD Deed
Disabled child of any ageHome in deceased’s name aloneTransfer to Irrevocable Trust 5+ years before
Sibling with equity who lived there 1+ yearNo qualifying heirsCaregiver Child Exception
Adult child who provided 2+ years in-home careEstate in “expanded recovery” stateConsult elder law attorney

Probate-Only vs. Expanded Recovery States:

In 27 states, Medicaid Estate Recovery Programs only seek reimbursement from the deceased beneficiary’s probate estate. In 24 states, the MERP can also go after assets that do not go through probate.

Probate-Only StatesExpanded Recovery States
Assets must go through probate courtCan pursue non-probate assets too
Joint accounts, life insurance protectedMay pursue surviving spouse’s estate
Use TOD/POD designations to protect assetsMore aggressive recovery efforts

📞 Contact: Texas MERP Contractor: 1-800-641-9356 | Your state’s info at medicaid.gov


📋 9. Documents You’ll Need: The 60-Month Paper Trail

You will need to provide photocopies for the agency to retain in records. Documentation of the source of all deposits and withdrawals of $2,000 or more is required.

Document CategoryWhat You NeedTime Period
Bank StatementsAll pages, all accounts (checking, savings, CDs)Last 60 months
Retirement AccountsIRA, 401k, pension statementsLast 60 months
Income VerificationSocial Security award letter, pension stubsCurrent year
Property DocumentsDeed, mortgage statements, tax assessmentsCurrent
Insurance PoliciesLife insurance with face values, health insurance cardsCurrent
Medical RecordsDiagnosis documentation, care needs assessmentRecent
IdentificationDriver’s license, birth certificate, Social Security cardCurrent
Large Transaction ProofReceipts for any withdrawal/deposit over $2,000Last 60 months

💡 Pro Tip: Missing even one month of bank statements can delay your application by weeks. Request complete transaction histories directly from your bank if statements are unavailable.


📞 10. State-by-State Contact Directory: Where to Apply

StateApplication ContactPhone Number
FloridaAging and Disability Resource Center (ADRC) or Elder Helpline1-800-963-5337
New YorkLocal Department of Social Services (LDSS) or Medicaid Helpline1-800-541-2831
TexasTexas Health and Human Services1-877-541-7905
PennsylvaniaConsumer Service Center1-866-550-4355
CaliforniaCounty Department of Social ServicesVaries by county
All StatesEldercare Locator (Federal)1-800-677-1116

Online Resources:

  • Medicaid.gov: Official federal Medicaid information
  • BenefitsCheckUp.org: NCOA screening tool for all benefits
  • LongTermCare.gov: Federal long-term care planning site
  • AARP: State-specific Medicaid guides at aarp.org

📊 Quick Recap: Medicaid Long-Term Care 📝

  1. Asset Limit 💰: $2,000 in most states—but massive exemptions exist
  2. Home Protection 🏠: Exempt while living if you reside there or intend to return
  3. Spousal Protections 👫: Spouse can keep up to $157,920 (CSRA)
  4. Look-Back Period ⏰: 60 months—gifts trigger penalty periods
  5. Legal Spend-Down 🛡️: Home repairs, funeral trusts, medical equipment
  6. Income Limits 📊: $2,901/month—but QITs allow higher-income applicants
  7. Three Program Types 📝: Nursing Home, HCBS Waivers, ABD Medicaid
  8. Estate Recovery 🏚️: Medicaid may reclaim costs from your estate
  9. Documentation 📋: 60 months of financial records required
  10. Application 📞: Start with your Area Agency on Aging

💬 Comment 1: “Can I give away my assets and wait 5 years to apply?”

Short Answer: ⚠️ Technically yes, but this is extremely risky.

The “give away and wait” strategy only works if you can guarantee you won’t need care for 5+ years. If a senior has gifted countable assets during the look-back period and requires a nursing home level of care, they (or their family) will have to pay for this care out of pocket somehow until either the look-back period has passed.

Risk FactorConsequence💡 Better Strategy
Unexpected health crisisFamily pays out-of-pocketUse legal spend-down methods
Can’t predict care needsPenalty period while needing careConsult Medicaid planner
Assets gone, no MedicaidFinancial devastationKeep half, protect half legally

💬 Comment 2: “My parent is in a nursing home NOW—is it too late to plan?”

Short Answer: ✅ Not necessarily—crisis planning strategies exist.

StrategyHow It Works💡 When Applicable
Spousal Refusal (NY)Community spouse “refuses” to contributeSpouse lives at home
Medicaid-Compliant AnnuityConverts assets to income streamSingle or married applicants
Caregiver AgreementPay family for past care retroactivelyFamily provided in-home care
Promissory NotesLoan assets to family with repayment planComplex—requires attorney
Half-a-Loaf StrategyGift half, use half to pay penalty periodRequires careful calculation

⚠️ Critical: Crisis planning requires a Medicaid planning attorney. DIY attempts often backfire catastrophically.


💬 Comment 3: “What’s the difference between Medicare and Medicaid for long-term care?”

Short Answer: 🏥 Medicare = short-term rehab only. Medicaid = long-term ongoing care.

FeatureMedicareMedicaid
PurposePost-hospitalization rehabOngoing long-term care
DurationUp to 100 days (limited)Unlimited if you qualify
CostPremium-based insuranceMeans-tested (must qualify financially)
Nursing Home CoverageOnly after 3-day hospital stayCovers ongoing residence
Home CareLimited skilled nursing onlyPersonal care assistance
EligibilityAge 65+ or disabledIncome/asset limits apply

Medicare won’t provide enough to cover the full costs of long-term nursing care. Most families need Medicaid for extended nursing home stays.


💬 Comment 4: “How do I find a Medicaid planner vs. an elder law attorney?”

Short Answer: 📋 Both can help, but they serve different functions.

ProfessionalWhat They DoCost RangeBest For
Certified Medicaid PlannerEligibility strategy, application assistance$2,000-$5,000Already near eligibility
Elder Law AttorneyLegal document preparation, trust creation$3,000-$10,000+Complex asset protection
Hospital Social WorkerFree application help (basic cases)FreeAlready in nursing home
Area Agency on AgingGeneral guidance, referralsFreeStarting point

📞 Find Help:

  • National Academy of Elder Law Attorneys: naela.org
  • Medicaid Planning Assistance: medicaidplanningassistance.org
  • Eldercare Locator: 1-800-677-1116

💬 Comment 5: “Can I protect my home from Medicaid with a trust?”

Short Answer: ✅ Yes, but timing is everything.

With an irrevocable trust, the grantor cannot change or revoke the trust. Irrevocable trusts made during the look-back period are considered gifts. However, irrevocable trusts made prior to the look-back period are not considered countable assets.

Trust TypeProtects Home?Look-Back Impact💡 Timing
Revocable Living Trust❌ NoConsidered your assetNever protects for Medicaid
Irrevocable Trust (within 5 years)❌ NoTriggers penalty periodWait 5 years after transfer
Irrevocable Trust (before 5 years)✅ YesOutside look-backPlan at least 5 years ahead
Medicaid Asset Protection Trust✅ YesMust be 5+ years before applicationConsult attorney early

💬 Comment 6: “What if I’m denied Medicaid—can I appeal?”

Short Answer: ✅ Absolutely—and you should.

If you disagree with the eligibility decision, you have appeal rights.

Appeal StepTimelineWhat To Do
Request Fair HearingUsually 30-90 days from denialSubmit written request immediately
Gather DocumentationBefore hearing dateGet missing paperwork
Present Your CaseAt scheduled hearingBring representative or attorney
State Decision30-60 days after hearingWritten decision mailed
Further AppealVaries by stateMay go to state court

💡 Common Denial Reasons (and Fixes):

  • Missing documents → Resubmit with complete records
  • Over asset limit → Show exempt assets weren’t counted correctly
  • Look-back violation → Request hardship waiver or wait out penalty

💬 Comment 7: “What’s a ‘Personal Needs Allowance’ and how much do I keep?”

Short Answer: 💵 It’s the small amount nursing home residents keep for personal expenses.

Nursing Home Medicaid recipients have to give most of their income to the state to help cover the cost of care. They are only allowed to keep a Personal Needs Allowance, which varies by state, ranging from $30/month in Alabama and South Carolina to $200/month in Alaska.

StatePersonal Needs AllowanceWhat It Covers
Alabama, South Carolina$30/monthHaircuts, phone calls, snacks
Most states$50-$75/monthPersonal items not covered
Alaska$200/monthMore flexibility
New York$50/monthBasic personal expenses

Plus: You can keep enough to pay Medicare premiums if you’re dually eligible.


💬 Comment 8: “Is there a wait list for Medicaid long-term care?”

Short Answer: ⚠️ For nursing home care, usually no. For home care, often YES—sometimes years.

ProgramWait List?Average Wait
Nursing Home Medicaid❌ Usually noneApply and get approved
HCBS Waivers (Home Care)✅ Often very longMonths to YEARS
PACE Programs⚠️ SometimesVaries by location

There is no waitlist for nursing home Medicaid but there is a very long waitlist for assisted living and in-home Medicaid assistance.

💡 Strategy: Get on HCBS wait lists immediately, even if you don’t need services yet. Some states allow “protective filing” that holds your place.


💬 Comment 9: “Can Medicaid take my home while I’m still alive?”

Short Answer: 🏠 No—with important exceptions.

Medicaid cannot force the sale of your home while you’re living if:

  • You live there (or intend to return)
  • Your spouse lives there
  • A dependent relative lives there
  • Your equity is below state limits ($730,000 or $1,097,000)

However: Medicaid can put a lien on a recipient’s home as part of the estate recovery process, but not every state will do this. The lien prevents transfer but doesn’t force sale until after death.


💬 Comment 10: “What happens to my spouse’s income when I go on Medicaid?”

Short Answer: 💰 Your spouse keeps ALL of their own income—and may get some of yours.

When an applicant is married, the income of the non-applicant spouse is not counted towards the applicant spouse’s eligibility. Furthermore, under certain circumstances, monthly income can be transferred from the applicant spouse to the non-applicant spouse.

Income ScenarioWhat Happens💡 Example
Spouse has own income100% theirs to keepSpouse keeps $2,000 pension
Spouse income below MMMNACan receive income from applicantTransfer up to $3,948/month
Both incomes combinedOnly applicant’s countsSpouse’s income ignored

📞 Master Contact Directory: Medicaid Long-Term Care Resources

ResourcePhoneWebsiteBest For
Eldercare Locator1-800-677-1116eldercare.acl.govFinding local services
Medicare/Medicaid Info1-800-633-4227medicare.govDual eligibility questions
AARP1-888-687-2277aarp.org/caregivingCaregiver resources
Benefits CheckUp (NCOA)—benefitscheckup.orgScreening for all benefits
Long-Term Care OmbudsmanVaries by stateltcombudsman.orgComplaints about care
National Academy of Elder Law Attorneys—naela.orgFind qualified attorney

Medicaid long-term care is a lifeline for millions of American families facing the crushing costs of aging. The rules are complex, the penalties for mistakes severe, but the protections are real—if you know how to use them. Start planning early, document everything, and don’t hesitate to seek professional help. Your family’s financial future may depend on it. 💚

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