What If I Already Gave Away My Assets? Medicaid Mistakes You Can Still Recover From
Gifting your home or savings may seem generous—but if you need long-term care, that decision can cost you. Here’s what to do if it’s already done.

Founder / Attorney

Michael L. RutkowskiDecember 22, 2025
What Is the 5-Year Look-Back Rule?
When someone applies for Medicaid to help pay for nursing home or in-home care, the State of Michigan reviews all financial transactions over the five years preceding the application. This is called the look-back period.
During this time, the state checks for any assets that were:
If the state finds any such transactions, you may face a penalty period—a span of time during which Medicaid will not pay for your care, even if you otherwise qualify.
For example, imagine you gave your adult child $50,000 three years ago to help with a down payment on a house, or you transferred ownership of your home to a family member without receiving any payment in return. These types of transactions would be flagged when you apply for Medicaid and could delay when your benefits begin.
The penalty period isn’t just a technicality—it’s a real stretch of time without Medicaid coverage, during which families are often forced to pay care costs out of pocket.
Not at all. It just means that gifting or transferring assets within five years of applying for Medicaid can have consequences if not done correctly. That’s why early planning matters. With the right tools and guidance, you can still protect your assets and support your family—without risking Medicaid eligibility.
If you’re looking ahead, some options balance care needs and asset protection:
But these approaches require planning and proper documentation. They’re not something to Google the night before submitting a Medicaid application.
Too many families wait until a crisis hits to start the Medicaid conversation—and by then, options are limited. The five-year look-back clock can’t be rewound, but it can be started early.
If you’re approaching retirement, supporting aging parents, or even just thinking ahead, now is the time to understand your choices.
We help Michigan families every day navigate Medicaid eligibility and asset protection without panic. Whether you’re planning years in advance or already seeing signs that care might be needed soon, we’ll help you understand your position and build a smart, ethical path forward.
Start the conversation today. Your future self—and your family—will thank you.
Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.
Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

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