Can nursing homes take my savings?

Asked by: Karson Runolfsdottir DVM  |  Last update: June 6, 2025
Score: 4.4/5 (21 votes)

Nursing homes cannot seize your assets to collect payment for their services. The truth is that you will have to exhaust your excess resources first to qualify for Medicaid benefits. Both parties will be aware of the countable and non-countable assets before committing to the agreement.

Can a nursing home take money from your bank account?

No one “takes” assets from the patient; the nursing home simply requires payment for its services if the patient intends to reside in the nursing home. The notion of assets being seized by the government or a nursing home is only one of several misconceptions about paying for long term care.

How much of your money can a nursing home take?

The basic rule is that all your monthly income goes to the nursing home, and Medicaid then pays the nursing home the difference between your monthly income, and the amount that the nursing home is allowed under its Medicaid contract.

What happens to your savings account when you go into a nursing home?

While nursing homes can't seize your assets, the costs of this care are high and can quickly drain your savings.

Is it too late to protect assets from a nursing home?

Is It Too Late To Save Assets If A Loved One Is Already In A Nursing Home? The only time it's too late to try to save resources when someone is already in a nursing home is if you have already spent every last dollar on nursing home bills.

Can Nursing Homes Take Your Savings Account? - AssetsandOpportunity.org

19 related questions found

Can a nursing home take everything you own?

Nursing homes do not take assets from people who move into them. But nursing care can be expensive, and paying the costs can require spending your income, drawing from savings, and even liquidating assets. Neither the nursing home nor the government will seize your home to cover expenses while you are living in care.

How can I protect my money before going to a nursing home?

Contents
  1. Purchase long-term care insurance.
  2. Purchase a Medicaid-compliant annuity.
  3. Form a life estate.
  4. Put your assets in an irrevocable trust.
  5. Consider financial gifts to family members.
  6. Start saving statements and get expert advice.

How many years can a nursing home go back and retrieve funds?

There are also two state exceptions when it comes to the Look-Back Period – California and New York. There is no Look-Back Period for HCBS Waivers in California, and it's 30 months (2.5 years) for Nursing Home Medicaid, although that will be phased out by July 2026, leaving California with no Look-Back Period.

Can a nursing home go after a joint bank account?

If your name is on a joint account and you enter a nursing home, the state will assume the assets in the account belong to you — unless you can prove that you did not contribute them. If you can't meet the state's burden of proof, you could fail their means-tested eligibility criteria for Medicaid.

How do I not spend all my money on a nursing home?

Apply for long-term care insurance

Qualifying for long-term care insurance is a great way to protect your assets from nursing home expenses. If for nothing else, a long-term insurance plan can provide an additional source of funding for the care provided by the nursing home.

Does a trust protect your assets from a nursing home?

Once you transfer assets into an irrevocable trust, you relinquish ownership and control, effectively removing them from your personal estate. This separation can protect the assets from nursing home claims, but it also means you lose direct access to them.

Does social security pay for nursing home care?

Social Security benefits can indeed be used to cover some of the costs associated with nursing home care. These monthly payments, which most seniors receive based on their work history and contributions to the Social Security system, can be directed towards nursing home expenses.

How to protect bank accounts from Medicaid?

One such option to protect assets is a Medicaid Trust. By placing some of your assets in an appropriate trust, you can protect them from Medicaid and have them not be counted when you are applying for benefits.

Can the government legally take money from your bank account?

The government generally can't take money out of your bank account unless you have an unpaid tax bill (and before they go to that extreme, they will send you several notifications and offer you multiple opportunities to pay your outstanding taxes).

What happens if you Cannot pay for a nursing home?

Some nursing homes or assisted living communities offer benevolent care, meaning they'll take someone in who doesn't have enough money to pay full freight or who can't pay full price for long. When someone runs out of money, the benevolent fund covers the difference for as long as they need care.

Can a nursing home take your annuity?

In this article, we detail how annuites protect funds from nursing home. Individuals often purchase annuities in order to provide a source of income during retirement. However, annuities should also be considered to shelter assets, allowing the purchaser to qualify themselves or their spouse for nursing home Medicaid.

What happens to your money when you go to a nursing home?

It should be stated at the outset that nursing homes and other similar facilities do not “take” people's assets – although it can feel that way! The reality is, any person in need of a nursing home stay is required to pay for the services provided.

Can you still withdraw money from a joint account if one person dies?

Most joint bank or credit union accounts are held with “rights of survivorship.” This means that when one account owner dies, the money passes to the surviving owner, or equally to the rest of the owners if there are multiple people on the account.

How often does Medicaid check your bank account?

Medicaid agencies can check your account balances for bank accounts at any financial institution you've used in the past five years. They will check when you submit an application and on an annual basis, but checks can occur at any time.

What happens to debt when you go to a nursing home?

The nursing facilities may engage debt collectors, including law firms, to collect the resident's unpaid bill from third parties based on these contract terms. Nursing homes and debt collectors may also report residents' debts to credit reporting companies as the third party's personal debts.

Can a nursing home take your inheritance?

With the passage of the Omnibus Budget Reconciliation Act, state Medicaid officials have the power to recoup any covered funds from your estate after you pass away. This means that unshielded assets could be lost for future generations unless proper steps are taken beforehand in preparation for nursing home care.

How do I protect my retirement savings from a nursing home?

Other Ways to Protect Assets or Pay for Nursing Homes

Besides special trusts, options like long-term care insurance, home equity lines of credit, Medicaid annuities and gifts to family can also help reduce countable assets and/or pay for long-term care outright.

Can a nursing home take your house if it is in a trust?

A revocable living trust will not protect your assets from a nursing home. This is because the assets in a revocable trust are still under the control of the owner. To shield your assets from the spend-down before you qualify for Medicaid, you will need to create an irrevocable trust.

What happens to my husband's pension if he goes into a nursing home?

The generally understand process is the Nursing Home gets the pension. However, if your State supports the In Home Supportive Services program, and if his monthly income and assets are below the maximum allowed, your household could be eligible to have a paid caregiver come in everyday and do specific tasks.

How do I protect my assets from medical bills?

Protecting your assets from medical bills involves utilizing various legal tools designed to safeguard your financial health. Three primary instruments can be particularly effective: trusts, Health Savings Accounts (HSAs), and insurance.