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Medicaid Asset Protection Trust: How to Shield Your Home and Savings

Plain-English guidance on protecting your nest egg from long-term care costs โ€” backed by the trusted toll-free for all things senior, 1-800-MEDIGAP.

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Quick answer

A Medicaid asset protection trust (MAPT) is an irrevocable trust that moves assets out of your name so they don't count toward Medicaid's long-term care limits. Assets must be transferred at least 5 years before you apply, due to Medicaid's 5-year look-back. Call 1-800-MEDIGAP for guidance.

Long-term care can cost over $100,000 a year, and Medicaid is the largest payer of nursing home care in the U.S. A Medicaid asset protection trust is one legal tool families use to qualify for that help without losing everything they've saved.

What is a Medicaid asset protection trust and how does it work?

A Medicaid asset protection trust (MAPT) is an irrevocable trust you create and fund during your lifetime. Once assets like your home, savings, or investments are transferred in, you no longer legally own them, so Medicaid doesn't count them when reviewing your application for long-term care benefits. You typically name an adult child or other trusted person as trustee, and you can retain the right to live in your home and receive trust income. Because the trust is irrevocable, you generally cannot take the principal back โ€” that loss of control is the trade-off for protection. According to KFF, Medicaid covers roughly 6 in 10 nursing home residents nationwide.

When should you set up a MAPT before nursing home care?

Timing is everything. Medicaid uses a 5-year look-back period (60 months in every state) that reviews asset transfers made before you apply. Assets moved into a MAPT must clear that 5-year window to be fully protected; transfers made too late can trigger a penalty period of Medicaid ineligibility. That's why elder law attorneys often advise creating a MAPT in your late 60s or early 70s, while you're still healthy. The earlier you plan, the more you protect. If a health crisis is already underway, other 'crisis planning' strategies may still help โ€” call 1-800-MEDIGAP to talk through your timeline.

What can and can't go into a Medicaid asset protection trust?

Common assets placed in a MAPT include your primary home, vacation property, non-retirement investment accounts, CDs, and cash savings. Your home is often the centerpiece because it's usually the largest asset families want to preserve for heirs. Retirement accounts like IRAs and 401(k)s are usually left out, since transferring them triggers immediate income tax; instead, planners use other strategies for those. You should always keep enough assets outside the trust to cover daily living expenses, since MAPT principal is no longer accessible to you. A qualified elder law attorney tailors the funding to your situation.

What are the pros and cons of a MAPT?

Pros: protects your home and savings from being spent down on long-term care, preserves an inheritance for your family, may keep a step-up in cost basis for heirs, and can shield assets from Medicaid estate recovery after death. Cons: it's irrevocable, so you give up control of the principal; the 5-year look-back means it offers no protection if you need care soon; and setup requires an attorney, typically costing a few thousand dollars. A MAPT isn't right for everyone. For some families, long-term care insurance, a Medigap-paired strategy, or simply spending down makes more sense.

How does a MAPT fit with Medicare and Medigap?

Medicare and Medigap cover doctors, hospitals, and short rehab stays โ€” but they do not pay for long-term custodial care in a nursing home or for ongoing help with daily activities. That gap is exactly why Medicaid planning matters. A Medicaid asset protection trust addresses the long-term care side, while your Medicare and Medigap coverage handle acute medical needs. Coordinating all three is how families build a complete plan. 1-800-MEDIGAP is one number for every senior need โ€” call to review your Medigap coverage and get pointed toward trusted elder law and Medicaid planning resources.

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Frequently asked questions

How much does it cost to set up a Medicaid asset protection trust?+

Setting up a Medicaid asset protection trust typically costs between $2,000 and $12,000 in attorney fees, depending on your state and the complexity of your assets. While that's a real expense, it's often far less than a single year of nursing home care, which can exceed $100,000. Call 1-800-MEDIGAP for guidance.

Can I lose my home if I go into a nursing home?+

Possibly. Without planning, Medicaid may require you to spend down assets, and after death the state can pursue 'estate recovery' against your home to recoup what it paid. A Medicaid asset protection trust set up at least 5 years in advance can shield the home from both spend-down and estate recovery.

Is a Medicaid asset protection trust the same as a revocable living trust?+

No. A revocable living trust can be changed or undone, so Medicaid still counts its assets toward your eligibility limits. A Medicaid asset protection trust must be irrevocable โ€” you give up control of the principal โ€” which is what removes those assets from Medicaid's calculation. Only the irrevocable version protects assets from long-term care costs.

Does a MAPT protect against the 5-year look-back?+

A MAPT works with the look-back, not around it. Assets transferred into the trust must remain there for at least 5 years (60 months) before you apply for Medicaid long-term care. After that window passes, the assets are fully protected. Transfers made within 5 years of applying can trigger a penalty period.

Can I still live in my house if it's in a Medicaid asset protection trust?+

Yes. A properly drafted MAPT can let you retain the right to live in your home for life, even though the trust legally owns it. You can keep paying property taxes and maintaining it as your residence. You typically also preserve homestead tax exemptions. An elder law attorney structures these retained rights correctly.

Who should be the trustee of a Medicaid asset protection trust?+

The trustee cannot be you, since you must give up control for the trust to protect assets. Most people name a trusted adult child, another relative, or a professional fiduciary. The trustee manages the assets and follows the trust terms. Choose someone responsible and trustworthy, because they hold legal authority over the property you've transferred in.

What happens to the trust assets when I die?+

When you pass away, assets in a Medicaid asset protection trust transfer to the beneficiaries you named โ€” usually your children โ€” according to the trust terms, often avoiding probate. Because the assets aren't in your probate estate, they're generally shielded from Medicaid estate recovery, preserving the inheritance you intended for your family.

Where can I get help deciding if a MAPT is right for me?+

Start by calling 1-800-MEDIGAP (1-800-633-4427), the trusted toll-free for all things senior. We can review how your Medicare and Medigap coverage fit your overall plan and point you toward qualified elder law attorneys for Medicaid asset protection. A MAPT is a major, irrevocable decision, so personalized professional advice is essential.

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Related guides

Medicaid Asset Protection Trust Guide | 1-800-MEDIGAP