North Carolina enforces a strict 5-year (60-month) look-back period on all asset transfers. This means Medicaid reviews your financial records to see if you gifted away money or transferred property for less than fair market value to qualify for benefits. If you did, a lengthy penalty period is imposed. Proactive planning helps you structure transfers safely before this clock ever starts.

Not necessarily while you are living there, but under the Medicaid Estate Recovery program, the state can place a claim or lien on your estate after your passing to recoup the costs paid for your care. We utilize specialized trusts and legal deed structures to protect your residential property from these post-death claims.

A Will only dictates what happens after you pass away. It offers absolutely zero protection or decision-making legal authority if you suffer a stroke, dementia, or severe physical illness while alive. Elder law builds the essential legal bridges required to manage your life and assets seamlessly during your lifetime.

Absolutely not. Under federal and North Carolina “Spousal Impoverishment” rules, the healthy spouse who remains at home (the community spouse) is legally protected. You are allowed to keep a significant portion of your shared assets—up to $162,660 in countable resources—plus your home and one vehicle. Additionally, if your personal monthly income is low, a portion of your spouse’s income can be legally shifted to you to help pay your daily living expenses.

For a single applicant seeking nursing home or home-and-community-based care, the limit for countable assets is strictly $2,000 (or $3,000 for a married couple when both are applying). However, many major assets are considered “exempt” and do not count toward this limit, including your primary residence (up to a specific equity cap), one vehicle, and irrevocable burial contracts. Our job is to help you legally restructure non-exempt assets so you can qualify without losing your life savings.