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Legacy Planning

Medicaid Planning and Life Insurance: How to Protect Your Assets While Qualifying for Benefits

Medicaid has strict asset limits. Life insurance can affect your eligibility. Here is how to structure your life insurance to protect your assets and qualify for Medicaid when you need it.

πŸ‡ΊπŸ‡Έ Patriot Plans Editorial TeamΒ·8 min readΒ·June 5, 2026

Medicaid is the primary payer for long-term care in America β€” nursing home care averages $8,000-$10,000/month. But Medicaid has strict asset limits. Life insurance can either help or hurt your Medicaid eligibility, depending on how it is structured.

How Life Insurance Affects Medicaid Eligibility

Term life insurance has no cash value and does not count as an asset for Medicaid purposes. Permanent life insurance (whole life, universal life) with cash value counts as an asset. If the cash value exceeds your state's limit (typically $1,500), it may disqualify you from Medicaid.

Medicaid-Compliant Annuities

A Medicaid-compliant annuity converts countable assets into an income stream. The annuity must be irrevocable, non-assignable, actuarially sound, and provide equal monthly payments. When structured correctly, the annuity is not counted as an asset for Medicaid purposes.

The 5-Year Look-Back Period

Medicaid has a 5-year look-back period. If you transfer assets (including converting assets to annuities) within 5 years of applying for Medicaid, you may be penalized. Planning must begin at least 5 years before you anticipate needing Medicaid.

Working with an Elder Law Attorney

Medicaid planning is complex and state-specific. The rules vary significantly by state. An elder law attorney can help you develop a plan that protects your assets while ensuring you qualify for Medicaid when you need it.

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Frequently Asked Questions

Should I cash out my life insurance to qualify for Medicaid?
Not necessarily. There may be better options, such as converting the policy to a Medicaid-compliant annuity or transferring the policy to an irrevocable trust. Consult an elder law attorney before making any changes.
Can I give my life insurance policy to my children to qualify for Medicaid?
Transferring a life insurance policy within the 5-year look-back period may result in a Medicaid penalty. Consult an elder law attorney before transferring any assets.

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