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How Medicaid Planning Helps You Protect Your Assets


As we age, the likelihood of needing long-term care increases. This can be a significant financial burden that many families are unprepared for. Unfortunately, the cost of care can quickly deplete a lifetime of savings. However, with careful Medicaid planning, it's possible to protect your assets while still qualifying for the assistance you need.

Understanding Medicaid and Long-Term Care

Medicaid is a joint federal and state program that provides health coverage to people with low income, including some low-income adults, children, pregnant women, elderly adults, and people with disabilities. For seniors who require long-term care, such as nursing home care, Medicaid is often the primary source of funding.

However, qualifying for Medicaid involves strict income and asset limits. Without careful planning, you may have to spend down your assets to meet these requirements, effectively wiping out your savings. That's where Medicaid planning comes in.

Eligibility for Medicaid Coverage of Long-Term Care

Eligibility for Medicaid coverage of long-term care in Massachusetts, also known as MassHealth, is determined by several factors including residency, age or disability status, income, and assets.

Here are the key requirements:

  • Residency and Citizenship: The applicant must be a Massachusetts resident and be a U.S. citizen or have proper immigration status.
  • Age/Disability: MassHealth may provide health and dental care for people who are age 65 and older and individuals who need long-term-care services.
  • Income Limit: A single individual applying for Nursing Home Medicaid in 2023 in Massachusetts must have income under $1,215 per month. However, the income limit for a single applicant is $2,742 per month when considering other income sources like IRA payments, pension payments, Social Security benefits, etc.
  • Asset Limit: Residents in MassHealth nursing homes are limited to $2,000 in "countable" assets. Most assets are counted against this limit, except for certain exempt assets.
  • Needs-Based Criteria: To qualify, the applicant must require one skilled service daily, or have a medical or mental condition that requires a combination of at least three services daily. Alternatively, to be eligible for MassHealth benefits, an individual must have at least one nursing need and two additional nursing or Activity of Daily Living (ADL) needs.
  • Look-Back Period: In Massachusetts, the look-back period is five years. Any asset transfers during this period could impact eligibility.

These are general guidelines, and individual circumstances can significantly affect eligibility. It's recommended to consult with an elder law attorney for personalized guidance.

The Role of Medicaid Planning

Medicaid planning is a strategy to help seniors meet Medicaid eligibility requirements without being left destitute. It's a complex process that involves understanding both federal and state Medicaid laws and regulations. An experienced elder law attorney can provide invaluable guidance in this area.

By starting the planning process early, you can make informed decisions about how to handle your assets and potentially prevent having to sell them to pay for care. There are several legal strategies that might be used to protect your assets while still qualifying for Medicaid.

Strategies for Protecting Assets

Asset Transfers

One common strategy is transferring assets to a spouse or another family member. However, Medicaid has a five-year look-back period. This means that any assets transferred within five years of applying for Medicaid can still be counted as part of your assets.

Irrevocable Trusts

Placing assets into an irrevocable trust can protect them from being counted as assets for Medicaid purposes. The key here is that the trust must be irrevocable – you can't have the power to remove the assets once they're in the trust.


Certain types of annuities can convert countable assets into an income stream, which may help meet Medicaid's income and asset requirements.

Life Estates

In a life estate, you sell your home but retain the right to live in it for the rest of your life. This can reduce the value of your assets without leaving you homeless.

Spousal Refusal

If one spouse needs care but the other does not, the healthier spouse can refuse to use their assets to pay for the care. This can protect a significant portion of the couple's assets.

Each of these strategies has its pros and cons, and what works best will depend on your specific situation. It's also crucial to remember that these strategies have potential tax implications and may result in penalties if not executed correctly.

The Value of Professional Guidance

Medicaid planning is a complex field that requires a deep understanding of both federal and state laws. A mistake in planning can lead to a denial of benefits, a period of ineligibility, or significant tax penalties. An experienced elder law attorney can guide you through the process, ensuring that you're making informed decisions that will protect your assets and secure your future.

At Percy Law Group, PC, we have experience in elder law, estate planning, and Medicaid planning. We understand the importance of protecting your life savings, and we're dedicated to helping you secure the care you need while preserving your hard-earned assets.

If you have questions about Medicaid planning or any other aspect of elder law, contact us online or call us at (508) 206-9900 today for a consultation.