Elder Law · Medicaid Planning
Medicaid may help cover certain long-term care costs for people who qualify. We explain the eligibility rules, the timing, and how decisions made today may affect future care options, for you and your spouse.
The basics
Medicaid planning involves preparing for possible long-term care needs while considering Medicaid eligibility rules. Medicaid is a joint federal and state program, and each state runs its own long-term care program with its own rules, forms, and agencies. Planning should be based on the rules of the state where care will be received.
An attorney can explain eligibility rules, timing considerations, and how decisions made today may affect future care options.
Not necessarily. While earlier preparation may offer more options, families often still benefit from legal guidance after a loved one has entered a nursing home or care facility.
Timing
When someone applies for long-term care Medicaid, asset transfers made during the five years before the application are reviewed. Transfers for less than fair value during that period can delay eligibility. That is one reason timing matters, and why it is important to get advice before moving assets.
A common concern
One of the most common concerns people have is whether long-term care will consume everything they have worked to build. The answer depends on your financial situation, timing, family needs, and the laws that apply in your state.
When one spouse needs care, the other may be concerned about financial stability. Elder law guidance considers both spouses and reviews options available under state and federal rules. Depending on your circumstances and applicable law, there may be strategies to preserve certain assets while preparing for future needs.
Planning ahead vs. care needed now
| Planning ahead | Care is needed now | |
|---|---|---|
| Main goal | Prepare for possible future care while you have time and flexibility | Arrange payment for care and protect the spouse at home |
| Medicaid | Understand eligibility rules and timing before an application is needed | Review eligibility and prepare for the application process |
| Legal authority | Put powers of attorney and health care directives in place | Confirm who can act, and address gaps if documents are missing |
| Spouse at home | Plan how household finances will work if one spouse needs care | Review the options available to the spouse who remains at home |
General information only, not legal advice for your situation.
Local knowledge
General information only, not legal advice. State program links open official government websites.
01
We begin by learning about your family, assets, health care concerns, and immediate questions.
02
We explain Medicaid, long-term care considerations, asset protection tools, powers of attorney, and related legal documents in plain English.
03
Once we understand your goals, we recommend an approach based on your circumstances and the applicable legal requirements.
04
If legal documents are needed, we prepare them carefully and review them with you before anything is finalized.
05
Health, finances, and family needs can change over time. We can help you review your documents and strategy as new decisions arise.
Medicaid planning FAQ
General information only. Schedule a free consultation for advice about your situation.
Medicaid planning involves preparing for possible long-term care needs while considering Medicaid eligibility rules. Starting early often provides more flexibility, but guidance can still be valuable when care is already needed.
Every situation is different. The answer depends on your assets, timing, family circumstances, and applicable law. An elder law attorney can explain the options that may be available in your situation.
Depending on your circumstances and applicable law, there may be strategies designed to protect certain assets for a spouse. An attorney can review your situation and explain your options.
When applying for long-term care Medicaid, asset transfers made during the five years before the application are reviewed. Transfers for less than fair value during that period can delay eligibility.
VA and Medicaid have different rules and look-back periods. A trust designed for VA may not meet Medicaid requirements. We plan for both when both may apply.
Related
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Planning for veterans and surviving spouses who may qualify for a VA pension.
Planning for a loved one living with a disability.
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Short classes on estate planning, long-term care, probate, and trust administration, presented by Pearson Bollman Law attorneys.
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Whether you are planning ahead or a loved one needs care now, Pearson Bollman Law can help you understand your options and next steps. Your initial consultation is free.
