Education Center
Alzheimer's and Medicaid planning, without the legal fog.
A focused hub for the first hard questions: capacity, care costs, the house, Medicaid eligibility, the 5-year lookback, spouse protection, and what to bring to an elder law attorney.
Built for the 11pm version of the problem
You do not need to know whether this is a Medicaid issue, a legal-document issue, or a care-setting issue before you begin. Start with what changed and what feels urgent. The rest can be sorted.
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Popular Guides
Start with the rules families trip over first.
Short, source-aware explainers for the questions that deserve more room than a glossary definition.
Medicaid lookback period
What the 5-year review does, which asset moves create risk, and what to ask before gifting money or changing a deed.
Read the guide ->Medicaid PlanningMedicaid spend-down
How to think about countable assets, safer expenses, documentation, and spend-down moves that can backfire.
Read the guide ->Medicaid PlanningMedicaid estate recovery
What can happen to the home after death, how probate and expanded recovery differ, and what families should verify.
Read the guide ->Medicaid PlanningNursing-home Medicaid eligibility
The four gates families need to understand: care need, income, resources, transfer review, and facility timing.
Read the guide ->Home and MedicaidProtecting the house from Medicaid
How to think about the home, deed changes, spouse protections, transfer risk, and estate recovery before acting.
Read the guide ->Dementia PlanningPower of attorney and dementia capacity
What to check early: financial POA, healthcare authority, HIPAA access, capacity, and guardianship risk.
Read the guide ->Benefits PlanningMedicare vs. Medicaid vs. VA benefits
How to separate short-term Medicare coverage, long-term-care Medicaid, and VA options for eligible families.
Read the guide ->Attorney PrepElder law attorney checklist
What to gather, what to ask, and what to avoid before meeting with a local elder law attorney.
Read the guide ->Alzheimer's Care
Start with what the diagnosis changes.
Dementia planning is partly medical, partly legal, partly financial, and partly family logistics. These are the facts that usually decide which path comes next.
Capacity is decision-specific.
An Alzheimer's diagnosis does not automatically mean a person cannot sign documents or make choices. The practical question is whether they understand the decision in front of them, at the time they make it. That window can narrow quickly, so powers of attorney, healthcare authority, HIPAA access, and existing documents are worth reviewing early with a qualified local professional.
Care setting drives the legal and benefit questions.
Home care, assisted living, memory care, rehab, and nursing-home care create different planning problems. Medicaid long-term care usually cares most about medical need, income, countable resources, transfers, and state rules. A family still deciding between care settings should track safety events, ADL help, supervision needs, and actual monthly care costs.
The house question belongs early.
The home may be exempt during life in some situations, especially when a spouse still lives there, but estate recovery and state-specific rules can change the answer after death. Before selling, transferring, adding a child to the deed, or funding a trust, gather the deed, mortgage, tax value, ownership history, and care timeline.
Family roles need names.
Dementia planning gets harder when nobody knows who can talk to doctors, pay bills, sign facility paperwork, or apply for benefits. Identify the current decision-makers, backup agents, existing documents, and family disagreements before a crisis forces the issue.
Medicaid Planning
Understand the Medicaid long-term-care lane.
Medicaid planning is not one trick. It is a sequence: care need, income, countable assets, transfers, spouse protection, home treatment, and recovery risk.
What Is Medicaid?
Medicaid is a joint federal and state program for people with limited income and assets. For families facing Alzheimer's or dementia, the critical difference is that Medicaid can become the payer for long-term custodial care in a nursing home and, in some states, home or community-based care.
Medicare can cover hospitals, doctors, hospice, medications, and limited skilled rehab. It generally does not pay for years of memory care, supervision, bathing, dressing, meals, or nursing-home custodial care.
Who Qualifies for Medicaid Long-Term Care?
Most Medicaid long-term-care conversations come down to three gates:
Functional or medical need
The applicant usually must need a nursing-home level of care or qualify for a state home-and-community program. ADLs, supervision, wandering, falls, medication management, and dementia-related safety all matter.
Income rules
Most of the applicant's income usually goes toward care. In income-cap states, a Miller Trust or Qualified Income Trust may be needed if income is above the state limit.
Countable resources
In many states the applicant may keep about $2,000 in countable assets, while a community spouse may keep a protected allowance up to $162,660 under 2026 federal standards.
The 5-Year Lookback Period
When someone applies for Medicaid, the state reviews financial transfers made during the prior 60 months. Gifts or transfers for less than fair market value can create a penalty period when the applicant is otherwise eligible but Medicaid will not pay yet.
The lookback is why casual deed changes, gifts to children, or trust funding can backfire. Before moving assets, ask counsel to model the penalty, private pay bridge, tax impact, and backup plan.
Early planning
Often 5+ years before Medicaid
- Update POA, healthcare proxy, will, trust, and beneficiary designations while capacity is clear.
- Ask whether a Medicaid Asset Protection Trust is worth the loss of control and applicable lookback clock.
- Model tax impact, home-sale timing, and how much cash should remain available for care.
Middle window
Care may be needed within 1-5 years
- Estimate private-pay runway using real savings, income, insurance, and care invoices.
- Avoid casual gifts unless counsel has modeled the penalty and bridge period.
- Ask about partial protection, exempt-asset spending, and whether waiting is safer.
Crisis planning
Care is needed now or soon
- Confirm medical eligibility, income treatment, and countable resources first.
- Discuss exempt spend-down, prepaid funeral planning, and allowable transfers.
- Ask about income trusts, Medicaid-compliant annuities, and state-specific spouse protections.
Spousal Protection: CSRA and MMMNA
Federal spousal-impoverishment rules try to keep the spouse at home from being left with no resources. The Community Spouse Resource Allowance protects part of the couple's countable assets. The Minimum Monthly Maintenance Needs Allowance can let the community spouse keep or receive income up to a protected level.
CSRA
Up to $162,660 in 2026federal maximum protected resources for the community spouse.
MMMNA
$2,705 lower-48/DC minimum after the July 2026 update. Alaska is $3,381.25 and Hawaii is $3,111.25; the federal maximum is $4,066.50 after the January update.
Countable vs. Exempt Assets
Usually Countable
- Bank accounts and cash
- Stocks, bonds, and brokerage accounts
- Second vehicles and vacation property
- Cash-value life insurance above state limits
- Some retirement accounts, depending on state treatment
- Revocable trust assets
Often Exempt or Protected
- Primary home, subject to state equity and occupancy rules
- One vehicle
- Personal belongings and household items
- Prepaid burial plans and burial plots
- Small life-insurance policies within state limits
- Properly structured irrevocable trust assets after the lookback period
Medicaid Asset Protection Trust
An irrevocable trust that may protect assets after the 5-year lookback period, but only if the family can live with the control, tax, home-sale, and backup-plan tradeoffs.
Spend-down planning
A controlled way to reduce countable resources by paying debts, making needed home repairs, buying exempt assets, or prepaying funeral costs instead of making disqualifying gifts.
Spousal protection
Federal rules protect the community spouse through CSRA and MMMNA. The 2026 lower-48 and DC MMMNA minimum is $2,705 after the July update, with higher Alaska and Hawaii minimums and a $4,066.50 federal maximum after the January update.
Estate recovery review
After death, the state may seek repayment for long-term care benefits. Some states recover only from probate assets. Others use broader estate recovery definitions.
State Medicaid Data
State rules are where the plan gets real.
Use the lookup to see 2026 federal standards plus state-specific planning data. Treat state figures as attorney-prep context, not a substitute for state agency or local counsel confirmation.
Select a state above to view its Medicaid planning data.
Medicaid Glossary
The terms families run into first.
A narrowed glossary for Alzheimer's, dementia care, Medicaid eligibility, home recovery, spouse protections, and legal-authority basics.
35 terms found
A
Activities of Daily Living (ADLs)
Alzheimer's CareBasic self-care tasks such as bathing, dressing, eating, toileting, transferring, and continence. ADL help is often central to long-term-care and Medicaid functional eligibility.
Alzheimer's Disease
Alzheimer's CareA progressive brain disease that affects memory, judgment, behavior, communication, and eventually daily care needs. Legal and Medicaid planning often becomes urgent while capacity still remains.
C
Capacity
Legal AuthorityThe ability to understand and make a specific decision at a specific time. A diagnosis does not automatically remove capacity, but dementia can make capacity harder to prove.
Caregiver Child Exemption
MedicaidA Medicaid rule that may allow transfer of a home to an adult child who lived with and cared for the applicant for at least two years before institutionalization, without a transfer penalty.
Community Spouse
MedicaidThe spouse who remains living at home or in the community when the other spouse needs Medicaid long-term-care benefits.
Community Spouse Resource Allowance (CSRA)
MedicaidThe protected amount of countable assets the community spouse may keep. In 2026, the federal maximum is $162,660, though state handling and calculations must be verified.
Countable Assets
MedicaidAssets Medicaid considers for eligibility, such as bank accounts, investments, and some cash-value policies. The home, one vehicle, and certain burial arrangements may be exempt depending on facts and state rules.
D
Durable Power of Attorney
Legal AuthorityA document that lets an agent handle financial and legal matters and remains effective after incapacity. It should be signed while the person still has capacity.
E
Estate Recovery
MedicaidThe process by which a state seeks reimbursement after a Medicaid recipient dies. Some states recover only from probate assets, while others use broader definitions.
Exempt Assets
MedicaidAssets Medicaid may not count for eligibility, such as one vehicle, personal belongings, certain prepaid burial items, and sometimes the primary home subject to equity and occupancy rules.
F
Functional Eligibility
Alzheimer's CareThe care-need requirement for Medicaid long-term care. Dementia-related supervision, ADL help, medication management, wandering, and safety risks may be relevant.
H
Healthcare Proxy
Legal AuthorityA legal document naming someone to make medical decisions if the person cannot make or communicate those decisions. Also called healthcare power of attorney in some states.
Home and Community-Based Services (HCBS)
MedicaidMedicaid-funded services that may help someone receive care at home or in the community instead of a nursing facility. Availability, waitlists, and eligibility vary by state.
Home Equity Limit
MedicaidThe Medicaid limit on exempt home equity. In 2026, the federal range is $752,000 to $1,130,000, depending on the state.
L
Lookback Period
MedicaidThe period before a Medicaid application, usually 60 months, during which transfers for less than fair market value are reviewed and may create a penalty period.
M
Medicaid
MedicaidA federal-state program for people with limited income and assets. It is the major public payer for long-term nursing-home care and some home or community-based care.
Medicaid Asset Protection Trust (MAPT)
MedicaidAn irrevocable trust designed to move assets out of countable ownership after the lookback period. It requires attorney review because control, taxes, home sale, income access, and timing all matter.
Medicaid-Compliant Annuity
MedicaidA crisis-planning tool that may convert assets into an income stream under strict Medicaid rules. Requirements and usefulness vary by state and spouse situation.
Medicare
Care CostsFederal health insurance that covers hospital care, doctor visits, medications, hospice, and limited skilled rehab. It generally does not cover years of custodial memory care or nursing-home care.
Memory Care
Alzheimer's CareA residential care setting designed for people with dementia who need supervision, structure, medication help, and safety support. Medicaid coverage depends heavily on state program rules.
Miller Trust (Qualified Income Trust)
MedicaidA trust used in income-cap states when the applicant has too much monthly income for Medicaid. Income is routed through the trust and used according to Medicaid rules.
Minimum Monthly Maintenance Needs Allowance (MMMNA)
MedicaidThe income allowance intended to protect the community spouse. The 2026 lower-48 and DC minimum after the July update is $2,705 per month; Alaska is $3,381.25 and Hawaii is $3,111.25. The federal maximum is $4,066.50 after the January update.
N
Nursing-Home Level of Care
Alzheimer's CareThe care-need standard many Medicaid long-term-care programs use. It often turns on ADL help, medical complexity, supervision, safety, and whether care can be provided safely outside a facility.
P
Penalty Divisor
MedicaidA state-specific monthly cost figure used to calculate how long a Medicaid penalty lasts after a disqualifying transfer.
Penalty Period
MedicaidA period when Medicaid will not pay for long-term care because assets were transferred for less than fair market value during the lookback period.
Personal Needs Allowance
MedicaidThe small monthly amount a nursing-home Medicaid recipient may keep for personal expenses. The amount varies by state.
Prepaid Funeral or Burial Plan
MedicaidA prepaid arrangement that may be exempt for Medicaid if it meets state requirements. It is often reviewed as part of spend-down planning.
Private-Pay Runway
Care CostsHow long the family can pay care costs before benefits or other planning becomes necessary. It depends on income, savings, care cost, insurance, home costs, and spouse needs.
R
Resource Assessment
MedicaidThe Medicaid snapshot of a married couple's countable resources used to determine the community spouse allowance.
Revocable Trust
Legal AuthorityA trust the creator can change or revoke. It can help with management and probate avoidance, but it generally does not protect assets from Medicaid spend-down.
S
Spend Down
MedicaidThe process of reducing countable assets to Medicaid limits through permitted expenses, such as debts, repairs, care costs, exempt assets, or prepaid funeral arrangements.
Spousal Impoverishment Protection
MedicaidFederal rules intended to protect the spouse at home from losing all resources and income when the other spouse needs Medicaid long-term care.
Spousal Refusal
MedicaidA strategy available in some states where the community spouse refuses to make assets available for care. It is state-specific and should not be attempted without local counsel.
Sundowning
Alzheimer's CareA dementia pattern where confusion, agitation, or restlessness worsens later in the day. It can affect safety planning, supervision needs, and care-setting decisions.
W
Wandering Risk
Alzheimer's CareA dementia-related safety concern where a person may leave home or a facility unsafely. It can affect care setting, supervision, and functional eligibility facts.
Planning Checklists
Bring facts instead of panic.
The first attorney meeting is more useful when the family has the documents, numbers, and timeline ready.
Documents to Gather
Legal and home documents
- Existing will, trust, and amendments
- Financial power of attorney
- Healthcare proxy, medical POA, HIPAA authorization, and advance directive
- Deeds, mortgage statements, and property tax records
- Marriage certificate, divorce decree, or spouse death certificate if relevant
Financial and care records
- Bank, brokerage, IRA, 401(k), pension, and annuity statements
- Life insurance policy and cash-value information
- Long-term care insurance policy and benefit letters
- Recent tax returns and Social Security benefit statements
- Care invoices, facility quotes, medication lists, and diagnosis records
Key Questions to Ask Your Elder Law Attorney
Does the person still have capacity to sign or update POA, healthcare, or trust documents?
What Medicaid planning strategies are available in this state given our likely care timeline?
How should we think about the home: eligibility, sale, transfer, trust, lien, and estate recovery?
Which assets are countable, which are exempt, and what should not be moved without review?
If there is a spouse at home, what CSRA and income protections apply?
Have any gifts or transfers already created a lookback problem?
What should we do first in the next 30 days, before signing facility contracts or moving assets?
Warning Signs You Need to Act Now
A loved one has Alzheimer's, dementia, or a progressive decline and legal documents are old or missing
No trusted agent can access accounts, talk to doctors, or sign facility paperwork
Savings are being depleted by home care, assisted living, memory care, or nursing-home costs
A Medicaid application may be needed within the next 1-3 years
Large gifts, deed changes, or asset transfers happened during the last 5 years
A spouse is worried about losing income, savings, or the home to care costs
Family members disagree about safety, care setting, money, or who should make decisions
There are concerns about exploitation, missed bills, wandering, falls, or unsafe living alone
FAQ
Use this as preparation, not permission.
The goal is to organize the next conversation and avoid preventable mistakes before documents or assets move.
Why is this Education Center narrower now?
Is this legal advice?
How accurate are the Medicaid numbers?
What should I gather before using the chat?
Do I still need an attorney?
Where is my information stored?
Turn this into an attorney-prep summary.
The guide asks about your family, state, diagnosis, care setting, documents, home, and money, then creates a practical PDF to bring to a local elder law attorney.