Annapolis, Maryland · Estate Planning · Elder Law · Business Succession · ProbateCall: (410) 570-1671
Maryland Elder Law

Medicaid Asset Protection Trusts in Maryland: A Family's Guide

Medicaid long-term care is not only for families with nothing left. With planning done early enough, a Maryland family with a home and retirement savings can protect most of it and still qualify. This guide explains how — and what the trade-offs are.

Most people believe Medicaid long-term care is only for those who have already spent everything. That belief costs Maryland families a great deal of money. The rules do impose a strict asset limit — but they also recognize planning done far enough in advance, and that is where a Medicaid asset protection trust comes in.

Maryland numbers at a glance

Key Maryland Medicaid long-term care figures for 2026
Individual countable asset limit$2,500
Medicaid look-back period60 months
Maryland private-pay nursing home cost$110,000–$130,000 / year
Community Spouse Resource Allowance (2026)up to $162,660

What a MAPT is

A Medicaid asset protection trust is an irrevocable trust. Once assets are transferred into it, you give up direct ownership and the ability to sell property or move funds without the trustee. In exchange, after the five-year window passes those assets are no longer countable for Maryland Medicaid eligibility. You can continue living in a home the trust owns and receive income the trust assets produce.

Why the five-year clock is everything

Maryland Medicaid reviews every transfer made in the 60 months before an application. Transfers for less than fair market value can create a penalty period during which Medicaid will not pay, even for an otherwise eligible applicant. A trust funded more than five years before the application sits outside that window entirely. A trust signed after a diagnosis or a fall may protect nothing at all — which is why the timing, not the paperwork, is the real variable.

What it protects at death

Assets held in the trust pass to your named beneficiaries under the trust terms. They avoid Maryland probate, and because Maryland's estate recovery program files claims against the probate estate, they are generally out of its reach as well.

Who it fits — and who it doesn't

  • Fits: Maryland families with a paid-off or nearly paid-off home, a retirement account, and savings, who are still years away from needing care.
  • Doesn't fit: someone already in a nursing home — that calls for crisis Medicaid planning instead — or families with very large estates, who have other tools available.

MAPT vs. revocable trust vs. life estate deed

Comparison of a Medicaid asset protection trust, a revocable living trust, and a life estate deed
ToolControl retainedMedicaid protectionProbateEstate recovery
Medicaid asset protection trustGiven up — trustee actsProtected after 5 yearsAvoidedGenerally out of reach
Revocable living trustRetained in fullNo protectionAvoidedExposed if assets return to the estate
Life estate deedOccupancy for life, no sale aloneHome protected after 5 yearsAvoided for the homeGenerally out of reach

The cost math

A private room in a Maryland nursing home runs roughly $110,000 to $130,000 per year. Three years of care is about $360,000; five years exceeds $600,000. Establishing a Medicaid asset protection trust is a flat fee, quoted before any work begins, and a fraction of that exposure.

What the first call looks like

Fifteen minutes, no legal advice, no commitment. We ask about assets, ages, health, and what the family is trying to protect, then tell you whether this planning is worth pursuing. We work with families in Anne Arundel, Prince George's, Queen Anne's, Calvert, St. Mary's, and Kent Counties, and elsewhere in Maryland.

Start the five-year clock while you still can

We'll review the home, the asset picture, and your family's goals, then quote a flat fee before any work begins.

Schedule Your Introductory Call

Or call 410-570-1671

Common questions

Frequently asked questions about Medicaid asset protection trusts

Can I keep my house and still qualify for Medicaid in Maryland?

Often yes, but not by accident. During life the primary residence is usually conditionally exempt, and after death Maryland's estate recovery program can claim against it. A Medicaid asset protection trust funded more than five years before an application removes the home from both the countable asset picture and the probate estate that recovery reaches.

What is a Medicaid asset protection trust?

A Medicaid asset protection trust (MAPT) is an irrevocable trust that holds assets such as the family home, savings, or investment accounts. Once the trust has been funded for more than 60 months, those assets are generally no longer countable for Maryland Medicaid long-term care eligibility, and they pass to your named beneficiaries outside probate.

Is a MAPT revocable? What control do I give up?

A MAPT is irrevocable. You give up direct ownership and the ability to sell trust property or move trust funds without the trustee. You can generally continue living in a home the trust owns and receive income the trust assets produce. That trade-off is the reason the assets stop counting for Medicaid.

Can I live in a home owned by the trust?

Yes. A properly drafted Maryland MAPT reserves the right to occupy the residence for life. Property tax credits and the capital gains exclusion on a primary residence can usually be preserved as well, but only if the trust is drafted with those outcomes in mind.

What happens if care is needed before the five years pass?

If a Medicaid application is filed while the transfer is still inside the 60-month look-back, the transfer into the trust can trigger a penalty period during which Medicaid will not pay. That is why the trust is a proactive tool. Families already facing an admission need crisis Medicaid planning instead, which uses spousal protections, exempt-asset spend-down, and other tools.

Does a MAPT avoid probate?

Yes. Assets titled in the trust pass to the trust beneficiaries under the trust terms rather than through the Register of Wills, so they avoid Maryland probate along with its delay, publicity, and administration costs.

Does a MAPT stop Maryland Medicaid estate recovery?

Generally yes, because Maryland's estate recovery program files claims against the deceased recipient's probate estate. Assets held in a properly drafted and timely funded irrevocable trust are not part of that probate estate.

How is a MAPT different from a revocable living trust?

A revocable living trust avoids probate but gives you full control, so Medicaid still counts everything in it. A MAPT gives up that control in exchange for Medicaid protection after five years. Many families use both: a revocable trust for flexibility and general estate planning, and a MAPT for the specific assets they want protected from long-term care costs.

What does a Medicaid asset protection trust cost in Maryland?

Johnson Law quotes a flat fee before any work begins, so you know the number before you decide. Set against Maryland nursing home costs of roughly $110,000 to $130,000 per year, the cost of establishing the trust is a small fraction of the exposure it addresses.