CRISIS & NURSING HOME

Medicaid Planning for Dementia: What the Rules Allow and How They Work

The immediate situation

How Medicaid pays for dementia nursing-home care: the 60-month federal look-back, 2026 spousal figures, the home-equity limit, capacity timing and estate recovery.

On this page

Medicaid can pay for nursing-home care for a person with dementia. To qualify, the person must need that level of care and must also meet the financial rules. Medicaid planning for dementia means learning those rules early. These include what assets count, what a spouse at home keeps, the look-back on gifts, and what happens to the home later.

Most people facing this question are watching a parent, husband or wife lose ground to Alzheimer's or another dementia. They are hearing that memory care or a nursing home may be close, and they are trying to work out whether the savings and the house will survive it. Many are also asking whether there is still time for their loved one to sign anything at all. This page walks through the federal framework, the parts each state sets for itself, and why dementia makes timing matter more than it does in most Medicaid cases.

What Medicaid Covers for Dementia Care

Medicaid is a joint federal and state program, and the federal agency describes it as "the primary payer across the nation for long-term care services," covering care "ranging from institutional care to community-based long-term services and supports," according to Medicaid.gov's Long Term Services & Supports page. For a person with dementia, that can include care in a nursing facility once the person is eligible. Whether a particular memory-care unit accepts Medicaid depends on the facility and the state's program.

Medicaid is not Medicare. This page covers Medicaid for long-term care only and does not address Medicare coverage, private long-term-care insurance or veterans' benefits.

Eligibility has two halves, and both must be met. The first is a medical or functional standard showing the person needs that level of care. The second is a financial standard covering income and assets. Each state runs its own program under the federal framework. Which services are covered and how a state measures need therefore depend on that state's current rules. Medicaid.gov's Eligibility Policy page notes that for people 65 and older, eligibility is generally determined using the income methods of the Supplemental Security Income (SSI) program. Some states use more restrictive criteria.

Financial Eligibility: Countable Assets, Exempt Assets, and the Asset Limit

A countable asset is anything Medicaid adds up against the eligibility limit. Examples are bank accounts and investments. An exempt asset is one Medicaid does not count, so the person can own it and still qualify. For married couples, 42 U.S.C. § 1396r-5 excludes from "resources" those excluded under the SSI resource rules. In practice, the exempt list often includes the home (subject to the limit below), personal belongings, a vehicle and certain burial arrangements. That list is partial, and how each item is treated depends on the state.

The home is only conditionally exempt. Under 42 U.S.C. § 1396p(f), long-term-care Medicaid coverage is barred when home equity exceeds a limit, unless a spouse, a child under 21 or a blind or disabled child lives in the home. For 2026, the federal home-equity limits run from a minimum of $752,000 to a maximum of $1,130,000, effective January 1, 2026, per the CMS 2026 standards bulletin. Each state chooses its figure within that range.

Each state sets the asset limit for a single applicant. The SSI resource standard is $2,000 for an individual, effective January 1, 2026, but a state's own limit depends on its current rules. California, for example, has its own figures; see California Medi-Cal asset limits.

Spend-down, for assets, means reducing countable assets to the state's limit by paying for care or other permitted expenses. It is different from the "medically needy" income spend-down Medicaid.gov describes. The Medicaid spend-down process depends on state rules.

Spousal Protections: What the Community Spouse Keeps

Congress enacted the spousal-impoverishment provisions in 1988, as Medicaid.gov's Spousal Impoverishment page explains. These rules are now in 42 U.S.C. § 1396r-5. The community spouse is the husband or wife who stays at home while the other spouse receives institutional care.

At application, the statute treats all resources held by either spouse as available to the spouse in care. The exception is the amount the community spouse keeps as the Community Spouse Resource Allowance (CSRA). Income is generally kept separate. A community spouse whose own income is low may also receive part of the other spouse's income, up to the Minimum Monthly Maintenance Needs Allowance (MMMNA) and the related ceiling.

Federal 2026 figures, from the CMS bulletin of April 27, 2026:

  • CSRA minimum: $32,532; maximum: $162,660 (effective January 1, 2026)
  • Maximum monthly maintenance needs allowance: $4,066.50 (effective January 1, 2026)
  • MMMNA: $2,705.00 in all states except Alaska ($3,381.25) and Hawaii ($3,111.25), effective July 1, 2026

The bulletin says the MMMNA changes each July 1, while the maximum income allowance and the resource figures change each January 1. A state's own figure applies from the date that state sets. Florida's are covered in Florida Medicaid planning.

A transfer of assets to one's spouse carries no transfer penalty (42 U.S.C. § 1396p(c)(2)(B)(i)). Some states allow "spousal refusal," in which the community spouse declines to make assets available. Whether it is allowed depends on each state's current rules.

The Look-Back Period and Transfer Penalties

The look-back period is the window before a Medicaid application during which the agency reviews transfers. Under 42 U.S.C. § 1396p(c)(1)(B)(i), the federal look-back is 60 months for any transfer made on or after February 8, 2006. The statute's text reads that the look-back date is "36 months (or … in the case of any other disposal of assets made on or after February 8, 2006, 60 months)" before the first date the person both is institutionalized and has applied for Medicaid. States do not all apply the same look-back in practice; it depends on each state's current rules.

A penalty period is a stretch of time when Medicaid will not pay for long-term care. It results from transfers made for less than fair market value. For a person in an institution, its length equals the total uncompensated value of the assets transferred by the person or the spouse on or after the look-back date, divided 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. The statute bars states from rounding down partial months.

Under 42 U.S.C. § 1396p(c)(1)(D)(ii), for a transfer made on or after February 8, 2006, the penalty starts on the later of two dates, and not during another period of ineligibility. The first is the first day of a month during or after which assets were transferred. The second is the date the person is eligible for Medicaid and would otherwise be receiving institutional-level care under an approved application, but for the penalty. The same start-date rule applies to a gift made four years ago and to one made last month, as long as both fall inside the look-back.

Not every transfer is penalized. The statute lists exceptions, including a transfer to the person's spouse and a transfer of a home to the spouse. The look-back is a rule to plan within, not around. Crisis-stage timing is discussed in Medicaid crisis planning.

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

Planning Tools the Rules Allow: Trusts, Annuities, and Spend-Down

Irrevocable trusts. Medicaid.gov's Eligibility Policy page states that a trust set up with at least some of the individual's funds "can be considered available to the individual for determining eligibility." The federal trust rules in 42 U.S.C. § 1396p are detailed. Whether trust assets count depends on the trust's terms, when it was funded and the state's rules. A trust does not always protect assets, and funding one can itself be a transfer subject to the look-back.

Annuities. Under 42 U.S.C. § 1396p(c)(1)(F), buying an annuity is treated as a transfer for less than fair market value unless the state is named as remainder beneficiary in the first position for at least the total medical assistance paid, or in the second position after a community spouse or a minor or disabled child (and in the first position if that spouse or the child's representative disposes of the remainder for less than fair market value). Separately, under 42 U.S.C. § 1396p(c)(1)(G), an annuity bought by or for someone who has applied for nursing-facility or other long-term care coverage counts as an asset for the transfer rule unless it is tied to certain individual retirement arrangements the statute lists, or it is irrevocable, nonassignable, actuarially sound and pays equal amounts with no deferral and no balloon payments. Meeting these terms changes how the purchase is treated, but it does not guarantee eligibility.

Spend-down on exempt purposes. Countable assets can be used for things the rules exempt or permit. Examples may include a vehicle or prepaid burial arrangements, depending on the state.

Many of these steps need the person's own signature. With dementia, that means the person must generally still have legal capacity when signing. What any tool accomplishes depends on the state and the facts.

Legal capacity is the ability to understand a document and its effect when signing it. Dementia can reduce it over time, which is why families often ask what can still be signed. Several documents depend on capacity:

  • A durable power of attorney names an agent to handle financial and legal matters, and it stays in effect if the person later loses capacity. It must be signed while the person still has capacity.
  • A healthcare proxy, or healthcare power of attorney, names someone to make medical decisions.
  • An advance directive, or living will, records the person's wishes about end-of-life care.

If capacity is lost before these documents exist, a court-supervised guardianship or conservatorship may be needed to manage assets and make care decisions. Guardianship itself is outside this site's scope. Medicaid planning steps that need the person's own signature, such as creating a trust or making some transfers, cannot be taken by the person once capacity is lost. Whether an agent under a power of attorney, or a court, can take them depends on the document's wording and state law.

This section explains why timing matters. It does not address when any family should act or which documents to sign.

Estate Recovery: What Happens After the Medicaid Recipient Dies

The family home often sits at the center of this worry. Estate recovery is the process by which a state seeks repayment, from a deceased recipient's estate, of certain Medicaid benefits paid. Federal law requires states to seek recovery from the estates of certain recipients. 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.

What a state recovers from depends on that state's rules. Some states limit recovery to the probate estate, and others reach beyond it. California, for members who died on or after January 1, 2017, limits recovery to estate assets subject to probate. For any other state, the scope depends on its current rules.

The home may be subject to estate recovery after the recipient dies. Whether it is depends on the state's scope and on how the home passes at death. No planning step guarantees that recovery will be avoided. What the rules allow depends on the state, the timing and the family's circumstances. More on how attorneys approach this is in what a Medicaid planning attorney does.

If You'd Like to Talk Through a Dementia Diagnosis and Medicaid

Dementia planning brings together the ordinary Medicaid rules and a clock that families do not control: the person's capacity to sign. This page does not cover Medicare, insurance or guardianship proceedings.

You can request a consultation about your family's Medicaid and long-term-care options through Medicaid Asset Protection Group.

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

What does Medicaid cover for dementia patients?

Medicaid covers long-term care in nursing facilities for people with dementia who meet both a functional-need standard and the financial rules. Covered services vary by state. This page does not address Medicare coverage.

How does the look-back period work for dementia Medicaid planning?

The federal look-back is 60 months for transfers made on or after February 8, 2006, under 42 U.S.C. § 1396p(c)(1)(B)(i). Transfers for less than fair market value that fit no exception can cause a penalty period. The same start-date rule applies to a gift anywhere inside the window. State practice varies.

What assets can a community spouse keep when the other spouse applies for Medicaid?

Under 42 U.S.C. § 1396r-5, the community spouse keeps a resource allowance. The federal 2026 range is $32,532 to $162,660, effective January 1, 2026. Within federal limits, the community spouse may also receive an income allowance. Each state's own figure applies from the date that state sets.

Does the family home have to be sold to pay for nursing-home care under Medicaid?

Not necessarily. The home is conditionally exempt, but 42 U.S.C. § 1396p(f) bars long-term-care coverage when equity exceeds the state's limit, unless a spouse, a child under 21 or a blind or disabled child lives there. After the recipient dies, the home may be subject to estate recovery, depending on state rules.

How do I get a dementia patient into a nursing home that accepts Medicaid?

Medicaid pays for nursing-home care once the person meets both the functional-need and financial standards. Application steps and required documents vary by state. Whether a particular facility accepts Medicaid depends on that facility and the state's program.

What financial planning options exist for families dealing with dementia?

Options that exist under Medicaid law include spending down on exempt purposes, certain irrevocable trusts and annuities that meet the requirements of 42 U.S.C. § 1396p(c)(1)(F) and (G). Each depends on state rules and the family's facts. Steps that need the person's signature require legal capacity.

What happens to Medicaid benefits when a dementia patient dies?

States must seek estate recovery from certain recipients' estates. 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. What the state can recover from depends on its rules.

Does Medicaid cover memory care facilities?

Medicaid pays for nursing-facility care for eligible people, and a nursing facility may have a memory-care unit. Whether a specific memory-care unit or facility accepts Medicaid depends on that facility and the state's program.

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