CALIFORNIA / MEDI-CAL

Medi-Cal and Dementia Care in California: What Families Need to Know

The immediate situation

Medi-Cal and dementia care in California: the $130,000 asset limit through June 30, 2027, the 30-month look-back and spousal protections.

On this page

Medi-Cal can pay for nursing-home care for a person with dementia in California when that person needs nursing-facility-level care and meets Medi-Cal's financial rules. Since January 1, 2026, those rules again count assets, and giving away assets for less than they are worth on or after that date may delay long-term care coverage. Federal rules protect a certain amount of a couple's combined resources and income for a spouse at home.

Families facing this question are watching a parent, husband or wife change, often over years, until the day a doctor or a care facility says that home is no longer safe. The bills start arriving at the same time as the grief, and the family is left asking how care will be paid for, whether the house is at risk, and what the healthy spouse will have left to live on. Those are financial questions with real rules behind them, and this page walks through them in the order a family usually meets them.

This page explains Medi-Cal, California's version of Medicaid, as it applies to long-term care for someone with Alzheimer's disease or another dementia. It covers what Medi-Cal pays for, who qualifies, the look-back on gifts, protections for a spouse at home, the family home, the application and the planning choices the rules allow.

What Medi-Cal Covers for Dementia Care

Medicaid is a joint federal and state program, and Medi-Cal is how California runs it. Medicaid.gov describes Medicaid as a joint federal and state program, and federal law sets a framework that each state then fills in with its own rules. This page covers Medi-Cal for long-term care only. It does not cover Medicare, private long-term-care insurance or veterans' benefits, and Medicare is a separate program from Medi-Cal.

For a person with advanced dementia, the setting this page covers first is the nursing facility. Medicaid.gov describes nursing-facility care as an "institutional" benefit: the facility assumes total care of the resident, the care includes room and board, and it is paid as a single bundled payment.

Medicaid is not limited to nursing homes. Medicaid.gov calls Medicaid "the primary payer across the nation for long-term care services" and says coverage runs across a continuum of settings, "ranging from institutional care to community-based long-term services and supports." Federal law also refers to home or community-based services furnished under a waiver, which is a special state program approved by the federal government. Which home and community programs California offers, who qualifies for each and whether a waiting list applies depend on California's current rules.

Assisted living raises a separate question. Under the federal rule on Medicaid.gov's institutional-care page, Medicaid services other than institutional care "are specifically prohibited from including room and board." Whether and how Medi-Cal helps with the cost of an assisted living or residential care facility depends on California's current programs.

Medi-Cal Eligibility for Long-Term Care: The Rules That Apply to Dementia Patients

Two separate tests decide eligibility: a care-need test and a financial test. On the care side, Medicaid.gov notes that eligibility "may be figured differently for residents of an institution" and that access to services "may be tied to need for institutional level of care." In plain terms, access may depend on the person needing the level of care a nursing facility provides.

On the asset side, California changed course recently. According to the DHCS Asset Limit FAQ, "On January 1, 2026, California passed a law that requires Medi-Cal to count assets for some Medi-Cal programs." The page defines the asset limit as the most a person can own in countable assets and still qualify. Through June 30, 2027, it is $130,000 for one person, adding $65,000 for every extra person in the house, up to 10 people. Starting July 1, 2027, the page lists $21,000 for one person and $31,000 for two people, adding $1,550 for every extra person in the house, up to 10 people. The Medi-Cal asset limits page explains how those figures apply over time.

A countable asset is one Medi-Cal adds up against the limit. DHCS lists the main home where the person lives and the main vehicle as not counted, and second homes and second vehicles as counted.

Income is a separate question from assets. After eligibility is set, a nursing-home resident generally contributes monthly income toward care, a calculation Medi-Cal calls the "share of cost." That is not the same as spending down savings to the asset limit.

Medi-Cal also has residency and citizenship or immigration-status requirements. How they apply to a particular applicant depends on California's current rules.

The Look-Back Period and Transfer Rules

Many families wonder whether money already given to children will cause trouble. The answer turns on the look-back period: the window of time before a set date, such as entering a nursing facility, in which Medi-Cal reviews gifts and other transfers for less than fair market value.

Under 42 U.S.C. § 1396p(c)(1)(B)(i), the federal look-back date for any transfer made on or after February 8, 2006 is 60 months before the date the statute specifies. For an institutionalized individual, that date is the first date the person both is institutionalized and has applied for medical assistance.

California's period is the one DHCS states. The DHCS Asset Limit FAQ says that for a person who moves into a nursing home, "Medi-Cal will look at any assets you gave away in the 30 months before you entered the facility." It adds that transfers made before January 1, 2026 "will not be counted," while transfers made on or after that date "may cause a penalty that delays your coverage."

A penalty period is a stretch of months during which Medi-Cal will not pay for long-term care because of a gift. Under federal law, the months are figured by dividing the total uncompensated value of everything transferred on or after the look-back date by the average monthly cost to a private patient of nursing-facility services in the state (or, at the state's option, in the community where the person is institutionalized) at the time of application, and a state may not round down a fractional period. Under 42 U.S.C. § 1396p(c)(1)(D)(ii), the penalty starts on the later of the month of the transfer or the date the person is eligible and would otherwise be receiving institutional-level care. Because the clock starts only once the person otherwise qualifies, a gift made early in the look-back is penalized the same way as a recent one.

Not every transfer is penalized. Under 42 U.S.C. § 1396p(c)(2)(B)(i), assets transferred to the person's spouse, or to another for the spouse's sole benefit, carry no transfer penalty. The statute lists other exceptions, including:

  • transfers of the home to a child under 21, a blind or disabled child, a sibling with an equity interest who lived there at least a year, or a caregiver child;
  • transfers to a blind or disabled child, or to a trust solely for that child;
  • transfers to a trust solely for a disabled person under 65;
  • a showing that the transfer was intended at fair market value, was made exclusively for another purpose, or has been fully returned;
  • undue hardship, as the state determines.

Protecting the Spouse at Home: Spousal Impoverishment Rules

When a husband or wife with dementia moves into a nursing facility, the other spouse is usually still at home, paying the mortgage, the utilities and their own medical bills. Federal "spousal impoverishment" rules exist for exactly this. The community spouse is the husband or wife who stays at home, and the institutionalized spouse is the one receiving long-term care.

According to Medicaid.gov, "a certain amount of the couple's combined resources is protected for the spouse living in the community," and depending on the community spouse's own income, some of the institutionalized spouse's income "can also be set aside for the community spouse's use." The protected share of countable assets is called the community spouse resource allowance. The protected income floor is called the minimum monthly maintenance needs allowance.

Federally, these figures move on different dates. The CMS bulletin of April 27, 2026 explains that some spousal impoverishment standards, "such as the maximum community spouse income maintenance allowance and community spouse minimum and maximum resource allowances, are adjusted each January," while the minimum monthly maintenance needs allowance is adjusted effective July 1 of each year. That bulletin sets the federal minimum monthly maintenance needs allowance at $2,705.00, effective July 1, 2026, for all states except Alaska and Hawaii.

California's own spousal figures apply from the dates California sets, and they depend on California's current rules. The DHCS Asset Limit FAQ notes that some married couples or registered domestic partners "may qualify for higher limits" and directs readers to ask the county Medi-Cal office about spousal impoverishment.

Exempt assets, the ones Medi-Cal does not count, include the main home and the main vehicle, as DHCS lists them. Whether California lets a community spouse decline to make assets available to the institutionalized spouse, sometimes called spousal refusal, depends on California's current rules.

Planning for Long-Term Care?

Medi-Cal and Medicaid rules are complicated, and the stakes for your family are real. Reach out, and we'll listen to your situation and help you understand your options.

Discuss Your Medicaid & Nursing Home Asset Protection OptionsCall 888-655-7006

The Family Home and Medi-Cal Long-Term Care

During the person's life, the home is generally treated gently. The DHCS Asset Limit FAQ says, "If you own your home and plan to return to it, it won't count against you," and adds that "any extra homes will count."

That protection has a federal ceiling for long-term care. Under 42 U.S.C. § 1396p(f), a person is not eligible for nursing-facility or other long-term care coverage if their equity in the home exceeds a set limit. The statute starts the limit at $500,000, lets a state choose a higher amount up to $750,000, and raises the amounts each year from 2011 by inflation, so the current figure is higher than the starting one. The limit does not apply when the person's spouse, a child under 21, or a blind or disabled child lawfully lives in the home. The statute also allows a reverse mortgage or home equity loan to reduce equity and requires a hardship waiver process.

After death, the question becomes estate recovery: the state's claim to be repaid from a Medi-Cal member's estate for certain care it paid for. Federal law requires states to seek recovery from the estate of a person who was 55 or older when receiving nursing-facility services, home and community-based services, and related hospital and prescription drug services, and from certain institutionalized individuals of any age (42 U.S.C. § 1396p(b)(1)(A) and (B)). California's Department of Health Care Services states that for members who died on or after January 1, 2017, recovery is limited to estate assets subject to probate.

Under 42 U.S.C. § 1396p(b)(2), recovery is delayed, not cancelled, while a surviving spouse, a child under 21, or a blind or disabled child survives. Whether a hardship waiver of recovery is available in a particular estate depends on California's current rules.

Applying for Medi-Cal Long-Term Care in California

The county is the starting point in California. The DHCS Asset Limit FAQ points applicants and couples to their county Medi-Cal office, and it explains that applicants now "share information about what you own when you apply for or renew your Medi-Cal."

In practice, an application for long-term care involves two tracks. The county looks at money: income, countable assets and any transfers inside the look-back. Separately, the person's need for nursing-facility-level care is confirmed. A person can meet one test and not yet the other.

Because DHCS describes a look-back of 30 months before entering a facility for transfers made on or after January 1, 2026, the county may ask about withdrawals and gifts from that window.

A denial, a penalty period or a share-of-cost figure can be challenged. Federal Medicaid rules include a right to appeal eligibility decisions. The steps and deadlines for a California appeal depend on California's current rules. The Medicaid crisis planning page gives related background.

Planning Considerations for Families Facing Dementia

Federal and California rules allow several kinds of planning, and each depends on dates, documents and the family's own facts. Describing them is not the same as saying any one fits a given family.

Spend-down. Spend-down means using countable assets on allowable things until the total is under the limit. DHCS describes it as "using your money on things you need," including paying medical bills and paying off a car loan or other debts. The Medicaid spend-down page covers the topic in more depth.

Trusts. Medicaid.gov says that when a person, a spouse or someone acting for them sets up a trust with at least some of the person's funds, "that trust can be considered available to the individual." Putting assets into certain irrevocable trusts can be a transfer for less than fair market value, subject to the look-back. No trust always protects assets.

Annuities. An annuity turns a lump sum into a stream of income. Under 42 U.S.C. § 1396p(c)(1)(F) and (G), buying one is treated as a transfer unless the state is named as a remainder beneficiary as the statute requires and, for many annuities, unless it is irrevocable, nonassignable, actuarially sound and pays in equal amounts with no deferral and no balloon payment.

Caregiver child. Under 42 U.S.C. § 1396p(c)(2)(A), transferring the home carries no transfer penalty when title goes to a son or daughter who lived in the parent's home for at least two years immediately before the parent entered a facility and who, as the state determines, provided care that let the parent stay home.

Every transfer and asset is reported in full on the application. California's rules changed on January 1, 2026, and they may change again, so current DHCS rules govern any decision. The Medicaid planning attorney page describes that kind of planning service in general terms.

Request a Consultation

Dementia care decisions rarely come one at a time. The asset limit, the 30-month look-back for transfers since January 1, 2026, the spouse's protected share, the home-equity limit and estate recovery all bear on each other, and the dates matter as much as the dollar amounts. The accounts and property, the dates of any gifts or withdrawals, the care setting, the marriage and who lives in the home all matter. This page does not cover Medicare, long-term-care insurance or veterans' benefits.

A request for a consultation about your family's Medicaid and long-term-care options can be sent through Medicaid Asset Protection Group. A request may be passed to attorneys, who decide for themselves whether to respond.

Planning for Long-Term Care?

Medi-Cal and Medicaid rules are complicated, and the stakes for your family are real. Reach out, and we'll listen to your situation and help you understand your options.

Discuss Your Medicaid & Nursing Home Asset Protection OptionsCall 888-655-7006

Frequently asked questions

Does Medi-Cal cover nursing home care for someone with dementia?

Yes, when the person needs nursing-facility-level care and meets Medi-Cal's financial rules. Since January 1, 2026, DHCS says Medi-Cal counts assets for some programs, with a $130,000 limit for one person through June 30, 2027. Income is counted separately, and federal rules protect a certain amount for the spouse at home.

What is the difference between Medi-Cal and Medicare for dementia care?

They are separate programs. Medi-Cal is California's Medicaid program, the one that pays for long-term nursing-facility care for people who qualify financially and medically. Medicare is a different federal program, and this page does not cover it.

Does Medi-Cal cover home care for a person with dementia?

Medicaid covers long-term care across settings from nursing facilities to home and community-based services, as Medicaid.gov describes. Which California home programs are available, who qualifies and whether there is a wait depend on the program, the person's care needs and California's current rules.

Will Medi-Cal take the family home after a dementia patient dies?

California may seek repayment from the member's estate. DHCS states that for members who died on or after January 1, 2017, recovery is limited to assets subject to probate. Under 42 U.S.C. § 1396p(b)(2), recovery waits while a surviving spouse, a child under 21 or a blind or disabled child survives.

What assets does a spouse get to keep when the other spouse goes on Medi-Cal for nursing home care?

Federal rules protect a certain amount of the couple's combined resources for the spouse at home, called the community spouse resource allowance, plus a monthly income floor. The federal income floor is $2,705.00 from July 1, 2026. California's own figures apply from the dates California sets, through the county Medi-Cal office.

What is the Medi-Cal look-back period in California?

DHCS says Medi-Cal looks at assets given away in the 30 months before a person entered a nursing home. Transfers made before January 1, 2026 are not counted. Federal law sets 60 months for transfers on or after February 8, 2006, under 42 U.S.C. § 1396p(c)(1)(B)(i).

Can a person with dementia give away assets to qualify for Medi-Cal?

Gifts for less than fair market value made inside the look-back can cause a penalty period that delays long-term care coverage. Exceptions exist under 42 U.S.C. § 1396p(c)(2), including transfers to a spouse and certain transfers of the home. Every transfer is reported on the application.

What is a share of cost under Medi-Cal?

Share of cost is the part of a long-term care member's monthly income that goes toward care before Medi-Cal pays the rest. It concerns income only. Spending down savings to get under the asset limit is a separate rule.

Does Medi-Cal cover assisted living for dementia patients?

It depends on California's current programs. Medicaid.gov says institutional care such as a nursing facility includes room and board, and that other Medicaid services are specifically prohibited from including room and board.

How do I apply for Medi-Cal long-term care for a family member with dementia?

The application goes through the county Medi-Cal office where the person lives, as DHCS directs. The county reviews income, assets and transfers, and the need for nursing-facility-level care is confirmed separately. DHCS's current guidance governs what to submit.

Reviewed by Russell E. Griffith, Esq.

California Trusts & Estates Attorney

California State Bar No. 120564

Licensed in California Since 1985

California Western School of Law