When the need for long-term care arises—whether suddenly or gradually—it often comes with two big fears:
- How are we going to pay for this?
- Are we going to lose everything Mom and Dad worked so hard to save?
At Generations Legal Group, we hear these concerns every day. And here’s what we want families across Arkansas to know:
You can qualify for Medicaid to help pay for long-term care—without losing everything you own.
But it takes knowledge, timing, and the right legal guidance.
What Medicaid Does and Doesn’t Cover
Medicaid is one of the only government programs that pays for long-term nursing home care or in-home assistance over time. But it’s designed for people with very limited financial means.
To qualify, you must meet strict limits on:
- Income
- Countable assets (like cash, savings, investments)
Here’s the kicker: many families assume they have to spend down everything—sell the house, drain the retirement accounts, and live in poverty—just to qualify.
That’s not true. With proper Medicaid planning, we can help families legally and ethically protect their assets, preserve dignity, and still access the care they need.
The Danger of Going It Alone
Medicaid rules are complex, and one misstep can:
- Trigger penalties or disqualification
- Delay access to care
- Drain assets unnecessarily
- Result in costly recovery claims after death
General estate planning attorneys or online tools often miss key Medicaid-specific strategies. That’s why working with an elder law firm—like Generations Legal Group—is crucial.
How We Help You Qualify Without Losing Everything
Here are just a few of the legal tools we use to protect what matters most:
Medicaid Asset Protection Trusts (MAPTs)
Transfer assets into a properly structured irrevocable trust to remove them from your “countable estate” after a five-year look-back period—preserving your wealth for the next generation.
Spousal Protection
If one spouse enters care, we ensure the “community spouse” (the one at home) keeps the house, car, and enough income to live on—without being impoverished. The laws, properly administered, allow us to protect up to, and above in some circumstances, a million dollars not including the home!!!!
Strategic Gifting & Spend-Downs
We help clients make allowable transfers or purchases to reduce assets while still protecting long-term interests—avoiding last-minute financial chaos.
Promissory Notes & Caregiver Agreements
These legal tools allow you to shift assets to family members in exchange for real services—without triggering penalties when done correctly.
Can I Still Protect the Family Home?
Yes. The home is often the largest asset families want to preserve, and the good news is:
- In many cases, the home is non-countable while the applicant or spouse lives in it.
- With a trust, you can pass it to your children after your death—without it being taken by Medicaid through estate recovery.
But again, timing is critical. The earlier you act, the more options you have.
Don’t Wait Until It’s Too Late
The biggest Medicaid mistake we see? Waiting too long to plan.
Many strategies only work if they’re implemented five years before applying. Even if you're already in crisis, though, it's not too late to protect something—but the window narrows quickly.
And if you’ve been told, “There’s nothing you can do,” come talk to us. Chances are, there’s a lot we can do—especially with a firm focused exclusively on elder law.
Call Generations Legal Group today at 479-601-4119 to schedule a consultation. Whether you’re planning ahead or already in the middle of a care crisis, we’ll help you navigate the system and protect everything you’ve worked for.
Medicaid doesn’t have to mean losing it all. Let us show you how to plan smarter—and sleep better.
H. Todd Whatley, CELA*, LLM Elder Law
Owner, Generations Legal Group and The Elder Law Coach
Email: Todd@GenerationsLegalGroup.com
479-601-4119
2701 SE J St., Suite 109, Bentonville, AR 72712
Podcast for Seniors and their families.
*As certified by the National Elder Law Foundation, an ABA-approved organization for certification.
