Estate Planning and Probate

Tennessee MedicaidPlanningAttorney

The Matter

Explore Care and Resource Questions

Questions about care and financial resources often arise together. Dale Law Group offers Medicaid planning. Bring a complete picture of your care needs, finances, and any benefits correspondence so the relevant questions can be considered carefully.

01 / Getting oriented

Care circumstances

Explain current care needs and any changes you are anticipating.

02 / Getting oriented

Financial information

Gather information about income, property, accounts, and relevant past transactions.

03 / Getting oriented

Benefits questions

Bring notices, applications, and questions about benefits or coverage.

Medicaid Planning in Tennessee

TennCare and Medicaid Planning With a Tennessee Lawyer

Nursing home and long-term care costs can quickly use up a lifetime of savings. In Tennessee, Medicaid is administered through TennCare, and long-term services and supports are provided through the TennCare CHOICES program for people who meet medical and financial eligibility rules.

Medicaid planning means understanding those rules early, so you and your family can make informed decisions instead of rushed ones.

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The Five-Year Look-Back

When someone applies for long-term care Medicaid, the state generally reviews asset transfers made during the previous 60 months. Gifts or transfers for less than fair value during that period can trigger a penalty period of ineligibility. Planning well in advance gives families more options.

Protections for a Spouse at Home

Federal and state rules include protections meant to keep a spouse who remains at home from being impoverished, including allowances for income and resources. How they apply depends on the couple’s income and assets.

Planning Tools and Considerations

Your Medicaid planning lawyer will look at the whole picture before recommending a step.

  • Which assets are countable and which are exempt
  • Qualified income trusts for applicants whose income exceeds the limit
  • Irrevocable trusts created well before care is needed
  • Powers of attorney that let an agent carry out the plan
  • Special needs trusts for a spouse or child with a disability
  • Estate recovery after death

Talk With a Murfreesboro Medicaid Planning Attorney

Carolyn D. Dale is the founding attorney of Dale Law Group, PLLC in Murfreesboro, Tennessee, serving Smyrna, Murfreesboro, Franklin, Nashville, and communities throughout Middle Tennessee. Call +1 866-576-5317 or send a brief, non-confidential message to start a conversation about your goals.

This page provides general information, not legal advice. Representation begins only after a written engagement agreement.

What Your Lawyer Checks

A conversation about medicaid planning starts with your circumstances. These topics can help you prepare questions and organize the information you already have.

Care needs

Describe the type of support needed now and possible future needs.

Household circumstances

Explain the people and responsibilities involved in your household.

Financial history

Provide accurate records and identify transactions that need discussion.

Pending notices

Flag correspondence and dates requiring timely attention.

General information only. The right approach depends on your circumstances, documents, and applicable law. Discuss your specific questions with the attorney before acting.

Terms You May Hear

Terms Your Lawyer Uses

A few terms you may encounter when discussing this service. Their application depends on the documents and circumstances involved.

Care planning

Considering support needs and possible care arrangements.

Prepare for aBenefits Review

Medicaid and TennCare planning depends on income, assets, and timing. The meeting gathers those facts so you can see what questions to ask before anyone moves money.

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  1. List income and assets

    Bring Social Security, pension, bank, and property information for the person who may need care and for a spouse.

  2. Note recent transfers

    Write down gifts or retitling from the last several years, including additions to someone else’s accounts.

  3. Identify the care setting

    Share whether care is at home, in assisted living, or in a nursing facility, and which benefits have already been applied for.

More Ways Your Lawyer Can Help

Explore estate planning, probate, and business services that may connect with your priorities.

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Medicaid PlanningFAQs

Common questions about medicaid planning. Your documents and circumstances decide the right next step.

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Should I move assets before discussing Medicaid planning?

Seek individualized guidance before making transfers or ownership changes. Bring accurate financial records and explain any transactions already made.

What care and benefits information should I bring?

Gather information about current or anticipated care, income, assets, insurance, and benefits applications or notices. Identify any urgent care decisions or stated response dates at the outset.

Should I disclose past gifts or transfers when discussing Medicaid planning?

Yes. Bring available records of gifts, transfers, sales, and changes in ownership. A complete history is important to an individual review; do not assume that moving property will improve eligibility.

Can planning begin when a family member already needs care?

You can request a conversation about the current situation. Explain the care setting, available resources, and decisions ahead; options depend on the facts and applicable program requirements, without a guaranteed eligibility outcome.

Can I give the house to my children and then qualify?

Do not transfer the house, or anything else, before you ask. Tennessee applies a look-back to certain gifts, often discussed as five years, and a transfer can delay benefits instead of helping. The dates matter.

What is the look-back?

It is a review of gifts and transfers made before a Medicaid application for long-term care. The penalty, if there is one, depends on the transfer and the program rules on that date. Bring records rather than guessing.

Can we start if someone is already in a nursing home?

Yes. Options are narrower than if you had planned earlier, but there is still a conversation to have about income, the house, and a spouse who is still at home. Bring the admission papers and the latest benefit notice.

Does a will protect assets from care costs?

No. A will only matters after death. Long-term care costs are a problem while the person is alive. Planning for that uses different documents than a will.

What gift records should I bring?

Anything that moved: deeds, account transfers, gifts to children, and sales for less than the property was worth. A five-year bank history is more useful than a summary from memory.

Can a spouse keep the home and some income?

Often a spouse who is still at home has protections, but the amounts and the rules depend on the application. Do not spend down or retitle assets to "get under" a number you found online.