Can a Nursing Home Take Your Life Insurance?

can a nursing home take your life insurance

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Picture of Jake Tamarkin, MBA

Jake Tamarkin, MBA

Jake is a nationally-licensed insurance agent with a Masters in Business Administration and CEO of Everyday Life. His expertise has been featured in: Investopedia, Life Insurers Council, Insurance Thought Leadership, Life-Annuity Agent, and Insurtech Insights.

Nursing home care is notoriously expensive, but necessary for countless people. Can a nursing home take from your life insurance policy? The short answer is no—a nursing home cannot directly take your life insurance. However, improper planning could put your policy at risk in certain situations, particularly when qualifying for Medicaid. Here’s how life insurance typically interacts with the cost of long term care.

How Life Insurance Affects Nursing Home Costs

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While a nursing home itself cannot claim your life insurance benefits, life insurance can be considered an asset when determining Medicaid eligibility. If you need Medicaid to help pay for long-term care, the value of your policy may come into play.

  • Term Life Insurance: Since term policies do not have cash value, they typically do not count as an asset for Medicaid purposes.
  • Whole Life and Universal Life Insurance: These policies accumulate cash value, which could be considered an asset. If the total value exceeds Medicaid asset limits, you may be required to cash out or reduce your benefits.

Average Cost of Nursing Home Care By State

StateAverage Monthly Cost (Semi-Private Room)
Alaska$31,512
Connecticut$13,764
New York$12,775
Massachusetts$12,623
Hawaii$12,501
Delaware$12,273
North Dakota$11,978
West Virginia$11,619
Minnesota$11,601
New Jersey$11,254

Source: World Population Review.

Medicaid and Estate Recovery

Medicaid has rules regarding estate recovery, which means the state can seek reimbursement for care costs from your estate after you pass away. Life insurance proceeds paid directly to a beneficiary are generally protected from Medicaid estate recovery. However, if the policy is payable to your estate, those funds could be used to repay Medicaid.

Strategies to Protect Life Insurance Benefits

To make sure your life insurance proceeds go to your loved ones rather than being considered for Medicaid or nursing home costs, consider the following strategies:

  • Name a Beneficiary: Designating a loved one as the beneficiary prevents the policy from becoming part of your estate and subject to Medicaid estate recovery.
  • Consider an Irrevocable Life Insurance Trust (ILIT): Transferring your policy into a trust can remove it from your countable assets, but this must be done well in advance of needing Medicaid.
  • Spend Down Assets Strategically: If your policy’s cash value exceeds Medicaid limits, working with a financial advisor to spend down assets in a Medicaid-compliant way can help protect your benefits.

Try Our Online Life Insurance Calculator

Structuring your policy correctly based on your financial situation can help to guarantee that your money will go where you intend.We’re a team focused on making life insurance understandable and accessible for everyone. This includes explaining the fine print and helping our clients find the best policy for their finances. Whether you have never had a life insurance policy before or are reevaluating your options, we encourage you to try our online calculator. It’s free, totally anonymous, and doesn’t even require an email address. See what offers are available to you today.

Disclaimer: The comments, opinions, and analyses expressed at Everyday Life are for informational purposes only and should not be considered individual investment, legal or tax advice.

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