What Is an Irrevocable Medicaid Trust?

By Anna Assad

The cost of long-term care, even for a short while, can easily eat up an individual or couple's estate. An irrevocable Medicaid trust is a permanent agreement made by the trustor, or owner, that establishes control and management of her assets while she's still alive. The goal of forming an irrevocable Medicaid trust is to allow the trustor to keep her assets for her heirs while still qualifying for Medicaid insurance coverage for long-term medical care later. Medicaid, a state-administrated medical assistance program for low-income persons, has both income and financial resource limits for recipients.

Features

A trust document is an agreement that contains all the terms and provisions, including asset management, when trust income payments will be made and the amounts and duration of the trust. The agreement also gives a person or institution -- the trustee -- authority to act on behalf of the trust. Trusts are funded by the assets and money of the trustor, such as his savings and his home, and the principal is the assets in the trust that produce income. A trust is either revocable, meaning it can be changed or ended by the trustor at anytime, or irrevocable, which is typically permanent and unalterable. Medicaid trusts must be irrevocable because the program's rules recognize any assets in a revocable trust as financial resources, jeopardizing the trustor's eligibility for assistance.

Benefits

If a person has resources over the Medicaid limit, she must "spend down," or use up, the assets she owns over the Medicaid limit, before he can qualify for Medicaid coverage. Once her assets are depleted below Medicaid's resource limits, she'll receive insurance coverage for her long-term medical costs. One way to get around spending down is to put the assets in an irrevocable Medicaid trust. As long as the trust is set up correctly, those assets will not be accounted for Medicaid eligibility and can be retained to pass on to heirs. In order to qualify, neither the person applying for Medicaid nor her spouse can act as trustee or have access to the trust principal. However, she can receive the trust principal, if she chooses, or leave it to accumulate for her beneficiaries, typically her legal heirs. Once the trustor dies, the trust's principal passes to the heirs she named in the trust agreement. If the trustor or her spouse end up needing nursing home care, any irrevocable trust income she is receiving at the time must be applied to the cost of the nursing home under Medicaid rules.

Protect your loved ones. Start My Estate Plan

Look-Back Period

To guard against misuse, Congress imposed a look-back period for asset transfers. If the trustor transferred her property to an irrevocable trust less than five years before applying for Medicaid coverage, she might be denied coverage because of the transfer. Medicaid imposes penalties for transfers made for less than the market value of the asset during the look-back period. The penalty length, in months, is the market value of the transferred assets divided by the typical monthly cost of private long-term care in the applicant's state. The result is the number of months the applicant is barred from receiving Medicaid coverage.

Considerations

Medicaid is a joint federal-state program. While there are some federal guidelines, states have some of their own qualification guidelines, so it is important to check the laws in your state and to consult a qualified attorney when setting up the trust. Also, in some states not all facilities are required to accept Medicaid payments. This means you may be limited in your choice of facilities.

Protect your loved ones. Start My Estate Plan
Social Security Rules for Diverting Income to a Trust

References

Related articles

Does a Beneficiary of a Living Trust Have the Right to See the Trust?

All trusts, including living trusts, are established to benefit certain individuals or organizations identified in the trust, called the beneficiaries. The person creating a living trust is typically the first and only beneficiary of the trust and, of course, will have access to the trust document. However, the contingent beneficiaries — those individuals or organizations who receive the trust property when the maker of the trust dies — generally only have the right to review the trust when the maker dies and the trust is no longer revocable .

How to Shelter Assets from Nursing Home Care Costs

Nursing homes provide a valuable service for elderly and disabled individuals who cannot adequately care for themselves. The cost of this care can be steep, however. The American Association of Retired Persons reports that the typical nursing home stay costs an average of $50,000 a year. Many elderly individuals mistakenly believe that Medicare will cover their nursing home stay. Unfortunately, Medicare is not structured to pay for long-term care. Medicaid, a federal insurance program for low-income individuals, will cover nursing home care, but you may not be able to qualify for that care until you have exhausted your existing assets. Unfortunately, this leaves you without the financial security you previously enjoyed if you decide to return home. It also absorbs money you might prefer that your loved ones inherit after you pass away. While hiding assets from the government is a criminal offense, you can legally shelter certain assets and avoid using them to pay for the high cost of a nursing home stay.

How Can a Beneficiary Become Trustee in an Irrevocable Trust?

An irrevocable trust is a permanent agreement that creates a management plan for the owner's assets while he's still alive. A trust is an estate-planning tool often used in place of a will, a document that details what happens to a person's assets after his death. An irrevocable trust owner typically can't change the trust's terms or end the agreement. A trust's owner may name a beneficiary—a person who receives income and assets from the trust—as trustee or successor trustee in the agreement. A beneficiary may replace the original trustee if the trustee is unfit or violating her legal responsibilities.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Medicaid Rules Governing Divorce

It's sad enough when one spouse enters a nursing home for long-term care. Compounding this difficult situation is the ...

Types of Beneficiaries in Irrevocable Trusts

An irrevocable trust is an unalterable agreement made by a person, the trustor, regarding the assets he places in the ...

Monetary Restrictions for Inheritance of the Disabled

If you’re planning your estate and you have a disabled child or other family member for whom you want to provide, the ...

What Does Spend-Down Inheritance Mean?

If you are receiving certain government benefits, such as Supplemental Security Income or Medicaid, your eligibility is ...

Browse by category
Ready to Begin? GET STARTED