Dec92025
Estate Planning Q&A Series

How do retirement accounts factor into eligibility for long‑term care assistance and asset protection plans? – North Carolina

Short Answer

In North Carolina, most retirement accounts such as IRAs and 401(k)s count as resources for long-term care Medicaid once a person is old enough to access the funds, but the details depend on whether the account is in payout status and who owns it. The State also reviews transfers of assets, including retirement funds, during a federal lookback period when someone applies for Medicaid-covered long-term care. Careful planning can sometimes convert retirement savings into protected income for a spouse at home and coordinate with trusts and wills, but timing and structure matter.

Understanding the Problem

The core question is how North Carolina treats retirement accounts when someone later needs help paying for long-term care, and how those accounts fit into an asset protection plan. The issue comes up when a couple with a home subject to a mortgage and an IRA wants traditional estate planning documents plus some long-term care planning, while also worrying about Medicaid’s five-year lookback on gifts. They may be considering leaving everything to one child and using a trust or deed to protect the home if nursing home or in-home services become necessary.

Apply the Law

Under North Carolina law and federal Medicaid rules that North Carolina follows, eligibility for long-term care Medicaid depends on both income and countable resources, which usually include retirement accounts that are available to the applicant. The county Department of Social Services applies these rules at the time of application, and it also reviews any asset transfers during the lookback period to see if they affect eligibility. Some assets, such as a primary residence up to certain limits and specific protections for a spouse at home, receive different treatment from retirement funds.

Key Requirements

  • Countable resources limit: To qualify for long-term care Medicaid, an applicant must have countable resources under a low threshold, and most accessible retirement accounts are included in that calculation.
  • Transfer-of-asset rules and lookback: North Carolina applies a lookback period for transfers of assets for less than fair market value, and gifts or transfers of retirement funds or other property during that time can trigger a delay in Medicaid coverage for long-term care services.
  • Estate recovery and spousal protections: After a Medicaid recipient’s death, North Carolina may pursue recovery against the estate for certain long-term care costs, while specific rules protect certain resources for a surviving or community spouse.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With a primary home and an IRA as main assets, the home may receive some protection for Medicaid purposes depending on equity levels, occupancy, and spousal status, while the IRA is usually treated as a countable resource once it is available for withdrawal. If the IRA owner later applies for Medicaid-covered nursing home or in-home long-term care, the balance and required withdrawals can affect both resource and income eligibility. Transfers of the home or IRA value into a trust or to a child within the federal lookback window can trigger a penalty period, delaying Medicaid coverage. Planning ahead with properly structured powers of attorney, wills, and possibly an irrevocable trust can help manage these issues, but the timing relative to the lookback rules is critical.

Process & Timing

  1. Who files: The applicant or the applicant’s authorized representative. Where: County Department of Social Services in North Carolina. What: Long-term care Medicaid application and required financial disclosures, including information on retirement accounts, home equity, and any transfers. When: Generally when long-term care is needed or anticipated soon; transfers made within the federal lookback period are reviewed at that time.
  2. After submission, the county reviews income, resources (including IRAs and other retirement accounts), and recent transfers and may request additional documents such as account statements, deeds, and trust instruments. This review typically runs over several weeks, depending on county workload and how quickly information is provided.
  3. Once the county makes an eligibility decision, it issues written notice approving or denying long-term care Medicaid and stating any transfer-of-asset penalty period. Estate planning documents, such as deeds or trusts, are prepared and signed separately, often before any Medicaid application, to align with the rules on countable assets, lookback, and estate recovery.

Exceptions & Pitfalls

  • Certain transfers, such as some spousal transfers or specific family caregiver arrangements, may receive different treatment under federal and state Medicaid rules, which can change how retirement accounts and home transfers affect eligibility.
  • Moving retirement funds or a home into the wrong type of trust, or doing so too close to a Medicaid application, can unintentionally create a transfer penalty and delay long-term care coverage.
  • Failing to coordinate powers of attorney and beneficiary designations with a long-term care plan can leave a spouse or agent unable to reconfigure accounts or respond to changing health needs in a way that fits Medicaid rules.

Conclusion

For North Carolina long-term care planning, retirement accounts usually count as resources once they are accessible, and they interact with strict transfer rules and potential estate recovery after death. A home may receive different protections, but deeds and trusts still must respect the lookback period and Medicaid eligibility rules. Anyone concerned about nursing home or in-home care costs should align retirement accounts, home ownership, and trust planning before a crisis by reviewing options with counsel and then filing any needed Medicaid application with the county Department of Social Services at the appropriate time.

Talk to a Estate Planning Attorney

If someone is weighing how an IRA, a family home, and a possible trust will affect long-term care assistance and Medicaid in North Carolina, our firm has experienced attorneys who can help explain options and timing. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Estate Planning Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.