Skip to content
Chosen Years

Legal and financial planning

Medicaid Planning Basics

Medicaid is the largest payer of long-term care in the country, but qualifying means meeting strict income and asset rules. Here is how eligibility, spend-down, and getting help work.

6 min readBy Chosen Years Editorial TeamPublished July 28, 2026

Editorially reviewed· Last reviewed July 28, 2026

An older woman reviews an open binder of documents with a benefits counselor at a desk in a calm, file-lined office.

Key takeaways

  • Medicaid, not Medicare, is the main public program that pays for long-term care, including nursing home care and many home and community-based services.
  • Long-term care Medicaid has strict income and asset limits, and in most states the individual asset limit is about $2,000, with a home and one vehicle usually exempt.
  • Most states use a 60-month look-back period, so giving away or underselling assets in the five years before applying can trigger a penalty.
  • Spousal impoverishment rules let a spouse who still lives at home keep a share of income and assets, so a couple is not left destitute when one needs care.
  • This is general information, not legal or financial advice. Rules vary by state and change yearly, so work with a qualified elder-law attorney or benefits counselor.
On this page

For most families, the hardest question about later-life care is not whether they will need it but how they will pay for it. Long-term care is expensive, private insurance does not fit everyone, and Medicare does not cover ongoing custodial care. That is where Medicaid comes in. It is the largest payer of long-term care in the country, and understanding how it works can protect both you and the people you love.

This guide covers the basics of Medicaid for long-term care: who qualifies, how income and asset rules work, what spend-down means, and how to get trustworthy help. It is general information, not legal or financial advice. Rules vary by state and change every year, so confirm your specifics with a qualified professional.

How is Medicaid different from Medicare for long-term care?

People often mix up the two programs, and the difference matters. Medicare is the federal health insurance most people get at 65. As Medicare.gov states plainly, it generally does not cover long-term custodial care, the daily help with bathing, dressing, and eating that most people eventually need. Medicare pays only for short-term skilled care after a qualifying hospital stay.

Medicaid is different. It is a joint federal and state program for people with limited income and assets, and it is the main public source of payment for long-term care, including nursing home stays and many home and community-based services that let people stay in their own homes. Our guide on Medicare vs Medicaid for senior care compares the two side by side. The catch is that Medicaid is needs-based, so you have to meet strict financial limits to qualify.

Who qualifies for long-term care Medicaid?

Eligibility has two parts: a financial test and a functional test. Financially, you must fall under your state's income and asset limits. Functionally, you must need a level of care that the program covers, such as help with several activities of daily living.

The exact numbers vary by state and are updated yearly, but the general picture looks like this:

Requirement Typical rule (varies by state)
Countable assets, single applicant About $2,000 in most states
Exempt assets Primary home within an equity limit, usually one vehicle, personal belongings
Income Limits vary widely by state and program
Functional need Must require a covered level of care, such as help with daily activities
Look-back period Most states review the prior 60 months of finances

Because these figures change and differ by state, always check your own state's current rules through its Medicaid agency or the federal Medicaid.gov eligibility pages rather than relying on a number you read once.

An older person and a benefits counselor review documents together at a table, both focused and at ease.
A benefits counselor or elder-law attorney can help you apply correctly and avoid costly mistakes.

What is spend-down and the look-back period?

If your assets are over the limit, you generally cannot qualify until you "spend down" to the threshold. That does not mean the money has to be wasted. It can go toward legitimate costs such as care itself, medical bills, paying off debt, home repairs, or certain other allowed expenses. What you cannot do is simply give assets away to family or chosen family to get under the limit, because of the look-back period.

Most states review your finances for the 60 months before you apply. Gifts or transfers for less than fair market value during that window can trigger a penalty period during which Medicaid will not pay, even after your assets are gone. This is why planning early and getting advice before moving any money is so important. Well-meaning transfers made without guidance are one of the most common and painful mistakes families make. Our guide on paying for senior care puts Medicaid in the wider context of all the ways care gets funded.

How are spouses and couples protected?

A common fear is that one partner needing care will leave the other with nothing. Federal spousal impoverishment rules exist precisely to prevent that. As Medicaid.gov explains, when one spouse enters long-term care and the other remains at home, the community spouse is allowed to keep a protected share of the couple's combined assets and income. The protected amounts are set within federal minimums and maximums, adjusted each year, and applied under state rules.

For same-sex married couples, these protections apply the same way they do for any married couple, a point worth confirming in writing with your state agency. Couples who are not married, however, do not get these spousal protections, which is one more reason unmarried LGBTQIA+ partners should plan carefully and get advice. Our guides on Social Security for same-sex couples and legal and financial planning for LGBTQIA+ elders cover related planning steps.

What is Medicaid estate recovery?

One part of Medicaid catches many families by surprise after a loved one dies. Federal law requires states to try to recover what they spent on long-term care from the estate of someone who received it, a process called estate recovery. In practice this most often means a claim against the home, which is exempt while you are alive but can become reachable after death.

There are important protections. States generally cannot recover while a surviving spouse is living, and other exemptions can apply, such as when a disabled child or a caregiver child lives in the home. The rules and the exact protections vary by state.

For unmarried LGBTQIA+ partners, this deserves special attention. A partner who is not a legal spouse may not be shielded the way a spouse would be, which can put a shared home at risk after the first partner dies. This is one of the strongest reasons to plan early with an elder-law attorney, who can explain your state's recovery rules and any lawful steps to protect the people you live with.

How do I get help with Medicaid planning?

Medicaid is genuinely complicated, and the stakes are high, so most people should not go it alone. Good sources of help include:

  • Elder-law attorneys. They can structure a plan legally, help with spend-down, and protect a spouse, which can be well worth the cost. Our guide on finding an LGBTQIA+ elder-law attorney explains how to choose one.
  • Free benefits counselors. Your local Area Agency on Aging and your State Health Insurance Assistance Program offer free, unbiased help.
  • Your state Medicaid office. The official source for your state's current rules and application process.

Be cautious of anyone promising to hide assets or guarantee eligibility for a fee, and never rely on Medicaid advice you cannot trace to your state agency or a licensed professional.

Medicaid planning is not about gaming a system. It is about understanding real rules early enough to protect yourself and the people you love, so a health crisis does not become a financial one too. Start learning the basics before you need care, confirm your state's specifics, and get trustworthy help. Our directory can connect you with affirming elder-law and financial professionals who will help you plan with dignity.

Sources

  1. Long-Term Care Coverage, Medicare.gov
  2. Spousal Impoverishment, Medicaid.gov
  3. Eligibility Policy, Medicaid.gov

This guide is general information, not financial advice. Confirm specifics with a licensed financial or tax professional.

Frequently asked questions

What is the difference between Medicare and Medicaid for long-term care?

Medicare is age-based health insurance and generally does not pay for ongoing custodial long-term care. Medicaid is a needs-based program run jointly by states and the federal government, and it is the main public payer for nursing home and many home-based long-term care services for people who meet income and asset limits.

How much can I own and still qualify?

Limits vary by state and change yearly, but in most states an individual applicant can have only about $2,000 in countable assets. Your home, within an equity limit, and usually one vehicle and personal belongings are exempt. Check your own state's current figures.

What is the look-back period?

When you apply for long-term care Medicaid, most states review your finances for the previous 60 months. Gifts or transfers for less than fair value during that window can cause a penalty period of ineligibility, so plan early and get advice before moving money.

Will my spouse be left with nothing?

No. Federal spousal impoverishment rules let the spouse who remains at home keep a protected share of the couple's income and assets, so they are not left destitute. The exact protected amounts change each year and vary by state.

Do I need a lawyer to apply?

Not always, but long-term care Medicaid is complex and mistakes can be costly. Many people use an elder-law attorney or a free benefits counselor, such as a State Health Insurance Assistance Program, to apply correctly and avoid penalties.

Keep reading

Long-Term Care Insurance Explained

Legal and financial planning

Long-Term Care Insurance Explained

Long-term care insurance can help cover the help you may need with daily living later, but it is not right for everyone. Here is what it covers, what it costs, and the alternatives.

6 min readRead
Medicare vs Medicaid for Senior Care

Legal and financial planning

Medicare vs Medicaid for Senior Care

Medicare and Medicaid sound similar but pay for very different things. Understanding the difference is essential to paying for senior care, because one covers long-term care and one does not.

4 min readRead
Legal & Financial Planning for LGBTQIA+ Elders

Legal and financial planning

Legal & Financial Planning for LGBTQIA+ Elders

The documents that make sure the people you love can speak for you, visit you, and carry out your wishes. For LGBTQIA+ elders and chosen family, this is protection you cannot assume.

7 min readRead
Guide