How do I protect my assets from Medicaid in Wisconsin?

Asked by: Kailyn Schamberger  |  Last update: December 25, 2025
Score: 4.2/5 (17 votes)

What would make your assets safe is an Irrevocable Trust. The Irrevocable Trust allows you to protect your assets from Medicaid. For details on this and other Medicaid Planning Issues, contact us today. Learn more about estate planning options available from the Elder Law Center of Wisconsin.

What assets are exempt from Medicaid in Wisconsin during?

What are not countable assets?
  • Your home (if the community spouse or other dependent relative lives there).
  • One car.
  • Burial assets (such as insurance, some amounts in irrevocable burial trusts, and plots).
  • Household furnishings.
  • Clothes and other personal items.

How to legally protect assets from Medicaid?

A Medicaid Asset Protection Trust is exactly as it sounds—a trust designed to protect assets from being counted for Medicaid eligibility. An MAPT allows a person to qualify for long term care benefits from Medicaid, while protecting assets from being depleted if long-term care is needed.

How to protect parents' assets from nursing homes in Wisconsin?

You protect assets by putting them into a lawyer-drafted irrevocable trust. You must hire a lawyer to do this properly. To protect an asset, you must give up your access to it permanently and irrevocably. You cannot use a protected asset for your own support or general welfare.

How do I avoid Medicaid estate recovery in Wisconsin?

Which members are not subject to the Estate Recovery Program? A Medicaid or BadgerCare Plus member who is 55 or older, living in the community, and not getting services related to long-term care will not be affected by estate recovery. A member participating in a Medicare Savings Program.

How to Protect Against Medicaid Look Back Period & Preserve Assets

15 related questions found

How do I keep Medicaid with an inheritance?

California stands apart from the other states. In CA, Medicaid (Medi-Cal) recipients can gift inheritance, which is considered “income”, the month in which it is received. Furthermore, Medi-Cal recipients have no asset limit, and therefore, can have unlimited assets and still be eligible for long-term care benefits.

Do you have to pay back Medicaid in Wisconsin?

Wisconsin is required by state and federal laws to recover certain benefits paid for on behalf of Medicaid members. These laws are designed to recover from the assets of those who received benefits.

How much does a Medicaid asset protection trust cost per?

How Much Does it Cost to Create a Medicaid Asset Protection Trust? The cost of creating a Medicaid Asset Protection Trust varies significantly from a low of $2,000 to a high of $12,000. While the price might seem high, in reality, a MAPT ends up saving persons money in the long run.

How to prevent a nursing home from taking all your assets?

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.

Can Medicaid take your home in Wisconsin?

The state does not take your home while you are alive, even if you no longer live there. MYTH: If I give away assets to family or friends, I won't ever qualify for Medicaid.

Does Medicaid monitor your bank account?

Medicaid agencies can check your account balances at any financial institutions you use during the month you apply or during a 60-month look-back period.

Do I have to sell my house to get Medicaid?

Note: California stands apart from the other states. CA eliminated their Medicaid (Medi-Cal) asset limit effective 1/1/24. Medi-Cal applicants and beneficiaries can have unlimited assets and still be eligible for Medi-Cal. They could sell their home and it have no impact on their eligibility.

What are some legitimate ways to spend down one's assets to qualify for Medicaid?

What Does It Mean to “Spend Down” Assets?
  • Purchase or improve exempt assets. Medicaid allows individuals to retain their primary residence, one vehicle, furniture, and personal property. ...
  • Pay off debts. ...
  • Set aside funds for a funeral. ...
  • Purchase a Medicaid Compliant Annuity.

How do I keep my assets from Medicaid?

Asset Protection through Irrevocable Trusts: Irrevocable trusts, such as Medicaid Asset Protection Trusts (MAPTs) and Special Needs Trusts (SNTs), are invaluable tools for shielding assets from Medicaid eligibility calculations and planning for long-term care expenses.

Does Wisconsin have a Medicaid waiver program?

The following are Medicaid waiver programs administered by the Wisconsin Department of Health Services: Family Care program. Family Care Partnership program. IRIS (Include, Respect, I Self-Direct) program.

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.

Do nursing homes take your money?

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.

Is it too late to protect assets from 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 I lose my home if my husband goes into a nursing home?

If you are married and your spouse goes into a nursing home, your home is protected as long as you do not need care and it is under the equity limit. However, if you later need care and can't return, then your home is an available asset.

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

Once your home is in the trust, it's no longer considered part of your personal assets, thereby protecting it from being used to pay for nursing home care. However, this must be done in compliance with Medicaid's look-back period, typically 5 years before applying for Medicaid benefits.

What type of trust is best to protect assets?

Irrevocable trusts

This can give you greater protection from creditors and estate taxes. As stated above, you can set up your will or revocable trust to automatically create irrevocable trusts at the time of your death. When you use your will to create irrevocable trusts, it's called a testamentary trust.

What is the 5 year rule on trusts?

Once assets are placed in an irrevocable trust, you no longer have control over them, and they won't be included in your Medicaid eligibility determination after five years. It's important to plan well in advance, as the 5-year look-back rule still applies.

What is the asset limit for Medicaid in Wisconsin?

There is a monthly personal needs allowance of $45.00 that is not counted as income. Asset Limits: $2,000 or less in cash and/or nonexempt assets for the Medicaid applicant. The community spouse can generally retain up to half of the couple's countable assets (up to $148,620.00).

Does Medicaid seize assets?

Alone among public health care programs, a Medicaid program moves to recover health care expenses after the recipient dies. Specifcally, federal Medicaid law requires recovery against the recipient's assets if the recipient was at least 55 years old when receiving services.

What assets are exempt from Medicaid estate recovery rights in Wisconsin?

Assets generally exempt from Medicaid estate recovery include:
  • Property jointly owned by the deceased and another person.
  • Life insurance payouts are paid directly to a named beneficiary.
  • Assets placed in a trust before the decedent's death.
  • Irrevocable funeral reserves used for funeral costs.