Legal Strategies to Preserve Assets and Qualify for Medicaid
Medicaid Planning for Families in Arizona
Nursing home care can cost $8,000–$15,000+ per month, with memory care often exceeding $20,000 monthly.
Whether you’re planning years ahead or facing an immediate nursing home crisis, understanding your options today can make a significant difference.
There Are Two Types of Medicaid Planning
Before a Crisis Happens
Proactive Planning
- Parties still living at home
- Planning years ahead
- Medicaid Asset Protection Trusts
- Maximum flexibility
- Maximum asset preservation
Planning early creates the greatest opportunity to preserve assets and prepare for future long-term care needs.
Immediate Need
Crisis Planning
- Recent diagnosis
- Nursing home admission
- Protect remaining assets
- Fast-track Medicaid eligibility
Many families believe it’s too late once nursing home care begins. Often, planning opportunities still exist.
Good News
Even during a crisis, legal planning options may still be available.
When Families Call Us
Nursing home costs
Alzheimer's / Dementia
Protecting savings
Medicaid confusion
Family uncertainty
"What do we do now?"
Most families arrive overwhelmed. Our goal is to replace uncertainty with clarity.
What Medicaid Planning Can Help Protect
Home
Protect one of your family's most valuable assets whenever legally possible.
Savings
Avoid unnecessary asset depletion through proper planning.
Vehicles & Personal Property
Understand which assets may remain protected.
Family Legacy
Protect what you've spent a lifetime building.
The Four Tests for Medicaid Eligibility
Every application is evaluated against four connected factors.
Medical Test
Does the applicant require a nursing home level of care?
Medicaid first evaluates whether an individual’s medical condition qualifies them for long-term care benefits.
Income Test
How much monthly income does the applicant receive?
Income plays an important role in determining Medicaid eligibility and how care costs are paid.
Asset Test
Which assets count, and which may be protected?
Not every asset is treated the same under Medicaid rules, making proper planning essential.
Transfer Test
Have assets been transferred within the past five years?
Certain transfers may create temporary penalties, but they don’t always eliminate planning opportunities.
Can't meet all four tests?
You may still have planning options. Schedule a consultation before making major financial decisions.
You don’t have to navigate this journey alone. I’ve been there, and I’m here to help.
- Attorney Lisa Haster
Planning for a parent’s transition to a nursing home is personal for me. My father was diagnosed with early-onset Alzheimer’s, and my family faced many of the same difficult decisions that my clients face today.
Those experiences gave me firsthand insight into the fear, uncertainty, and urgency families experience during a Medicaid crisis.
Today I combine that personal experience with my legal practice to help families protect their loved ones, preserve assets whenever possible, and find peace of mind during one of life’s most difficult seasons.
Our Philosophy
Every family should leave their first meeting feeling something they didn't feel when they arrived.
Relief
Most families don’t come to us because they’re planning ahead. They come because the crisis has already happened. They’re overwhelmed. They’re worried about paying for care. They’re afraid of losing everything they’ve worked to build.
Our job is to replace fear with clarity. We believe families deserve straightforward answers, practical guidance, and a clear understanding of their options. We explain complicated Medicaid planning concepts in plain English so families can make informed decisions with confidence.
Even during a crisis, there is often a path forward. Our goal is to help families find it.
One Family's Story
A husband and wife came to us after the husband entered a nursing home. They believed they would lose their home, spend nearly everything they had saved, and leave the healthy spouse without financial security.
After reviewing their situation, we explained that many of their concerns were based on common misconceptions about Medicaid eligibility. Together, we developed a customized crisis planning strategy that allowed them to preserve their home, protect a substantial portion of their assets, and provide greater financial security for the spouse remaining at home.
They left our office with something they didn’t have when they arrived.
Confidence
Because they finally understood they had options.
Every Month Matters
Don't Wait Until A Crisis Becomes More Expensive
Every month without a plan can mean:
- Additional nursing home costs
- Continued asset depletion
- Fewer legal planning opportunities
What Happens Next
Schedule Consultation
Review Family Situation
Develop Strategy
Protect What Matters Most
Common Medicaid Misconceptions
"It's Too Late."
Not necessarily. Even after a nursing home admission or diagnosis, planning opportunities may still exist.
"Medicaid Pays For Everything."
Medicaid generally helps cover the portion of care costs someone cannot afford after required contributions.
"We Transferred Assets So We Can't Qualify."
Transfers may create temporary penalties, but not necessarily permanent ineligibility.
"The Five-Year Lookback Is All That Matters."
Medical necessity, income, assets, marital circumstances, and many other factors also matter.
"We'll Have To Sell Our Home."
Usually not. Primary residences are often exempt assets.
"I'll Just Transfer Everything To My Kids."
Transfers can create penalties. Proper planning is essential.
"My Spouse Owns Everything."
Ownership alone doesn’t always determine Medicaid treatment.
"I'll Refuse My Inheritance."
That can actually create additional planning problems.
The Elder Law Resource Hub
What is Medicaid crisis planning?
Medicaid crisis planning is the process of helping families qualify a loved one for Medicaid after an unexpected health event or nursing home admission. Even if long-term care has already begun, there may still be legal strategies available to protect assets and help navigate Medicaid eligibility.
What is the five-year lookback period?
When someone applies for Medicaid, the state reviews certain financial transactions made during the previous five years. Gifts or transfers during this period may create a temporary penalty before Medicaid benefits begin. However, a transfer within the lookback period does not necessarily mean all planning opportunities are lost.
Can Medicaid take my home?
Not necessarily. Many people are surprised to learn that a primary residence is often considered an exempt asset for Medicaid eligibility purposes. Every family’s situation is different, and it’s important to understand how home ownership fits into an overall Medicaid planning strategy before making decisions.
Can I transfer my assets to my children?
Simply transferring assets to family members can create unintended Medicaid penalties and delay eligibility. Before making gifts or transferring property, it’s important to understand the legal consequences and explore planning strategies that may better protect both your assets and your Medicaid eligibility.
What happens if my loved one is already in a nursing home?
Many families believe it’s too late to plan once nursing home care has begun. In many situations, planning opportunities may still exist. The sooner you seek legal guidance, the more options may be available.
How quickly should I begin Medicaid planning?
The best time to begin planning is before long-term care becomes necessary. However, even families facing an immediate nursing home admission or recent diagnosis may still have options available. Early planning generally creates the greatest flexibility and the greatest opportunity to preserve assets.
How much of our assets can we protect?
Every family’s financial situation is unique. The amount that can be protected depends on many factors, including the types of assets you own, marital status, timing, and your long-term care needs. During your consultation, we’ll review your specific circumstances and discuss the planning strategies that may be available.
What if my spouse still lives at home?
Medicaid has special rules designed to protect spouses who continue living in the community. Planning can often help preserve assets for the healthy spouse while still pursuing Medicaid eligibility for the spouse requiring long-term care.
Can Medicaid help pay for memory care?
In many cases, Medicaid may help cover long-term care costs for individuals who require nursing home level care, including those living with Alzheimer’s disease or other forms of dementia. Eligibility depends on medical and financial requirements, and every situation should be evaluated individually.
Is it ever "too late" to start planning?
One of the most common misconceptions we hear is that once someone enters a nursing home, there are no options left. While every situation is different, many families are surprised to learn that legal planning strategies may still be available even after a crisis has begun.
Don't Wait Until A Crisis Becomes More Expensive
Every family’s situation is unique. If you’re unsure where to begin, we’re here to help you understand your options and develop a strategy that protects what matters most.
Let's Start Planning Your Legacy
Take the first step toward real protection—and real peace of mind.
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