Medicaid Asset Protection Trust (MAPT) in Illinois: Protect Your Home, Savings, and Legacy
Planning Ahead Can Save Everything
Long-term care in Cook County isn’t cheap. A private nursing home room can run over $8,000 a month, and the costs are only rising. For many families, it means watching a lifetime of savings disappear in just a few years. If you’re living in Glenview, Chicago, or anywhere in Illinois and want to preserve what you’ve worked so hard to build, a Medicaid Asset Protection Trust (MAPT) could be the answer.
MAPTs are one of the most effective ways to qualify for Medicaid long-term care benefits while protecting your home and other assets from being spent down or seized later through estate recovery.
This page walks you through everything you need to know about MAPTs — how they work, who they’re for, and why timing matters.
What Is a Medicaid Asset Protection Trust?
A Medicaid Asset Protection Trust is a special kind of irrevocable trust designed to help you qualify for Medicaid long-term care benefits without losing your home, savings, or other valuable assets. Once you place assets into a MAPT, they are no longer considered “yours” under Medicaid rules — which means they won’t count against your eligibility.
You can still live in your home. You can still collect income (like interest or dividends) from investments in the trust. But the principal is protected and passed on to your chosen beneficiaries after your death.
MAPTs are especially important in Illinois, where the asset limit for a single person applying for Medicaid is just $2,000. Without advance planning, you’d be forced to spend down nearly everything before qualifying.
How a MAPT Works (In Illinois)
Here’s the simple version:
- You (the grantor) create the trust and move selected assets into it.
- A trustee (someone other than you or your spouse) manages those assets.
- Your beneficiaries will inherit the assets after you pass.
Because the trust is irrevocable:
- You cannot take the assets back out.
- You give up ownership and control, but you can still receive income the assets generate.
- The assets are protected from being counted by Medicaid or taken later to pay for long-term care.
To fully protect your assets, the MAPT must be established and funded at least 5 years before you apply for Medicaid. This is due to the federal Medicaid “look-back” rule, which Illinois follows.
Why MAPTs Matter in Cook County and Glenview
In Glenview and across Cook County, we’ve seen families lose hundreds of thousands of dollars simply because they didn’t plan in time. Without a MAPT, your home and other non-exempt assets are vulnerable to:
- Spend-down requirements: forcing you to liquidate or give up assets before qualifying for help.
- Medicaid Estate Recovery: after you pass away, the state can seize your home or savings to recover costs.
Creating a MAPT ahead of time helps prevent this. It ensures your assets are protected, your spouse or children are cared for, and your legacy is intact.
Meet Martin Fogarty
Martin Fogarty has spent over three decades guiding Illinois families through some of life’s most critical—and challenging—decisions.
For Martin, elder law isn’t merely professional; it’s deeply personal. When his own father experienced a rapid decline due to Alzheimer’s, Martin witnessed firsthand the emotional and logistical hurdles families face. The difference for Martin was having the legal skills and knowledge to manage these challenges effectively. Now, he brings that same calm guidance and clarity to every client he serves.
Martin founded The Heartland Law Firm and developed the Elder Advocacy Plan, grounded in three core principles:
Education, Clarity, and Well-Being.
Clients trust Martin because he speaks plainly, demystifies the complex, and genuinely cares about preparing families for whatever comes next. He is active in community workshops, professional elder care organizations, and is recognized as a leader in Illinois elder law.
What Assets Can Go Into a MAPT?
Not everything belongs in a MAPT — and placing the wrong assets into the trust can cause more harm than good. Here’s a quick breakdown:
| Asset Type | Include in MAPT? | Notes |
|---|---|---|
| Primary Residence | ✅ Yes | You can still live in it; protected from Medicaid after 5 years. |
| Checking/Savings Accounts | ✅ Yes | Can still earn interest, but principal is protected. |
| Stocks & Bonds | ✅ Yes | Good for income generation inside the trust. |
| Retirement Accounts (IRA, 401k) | ❌ No | Transferring can trigger large tax consequences. |
| Vehicles | ⚠️ Depends | Often already exempt; usually not necessary to transfer. |
| Jewelry, collectibles, etc. | ✅ Yes | Can be protected if included properly. |
Each case is different. We help you decide what belongs inside the trust and what should be kept out based on your goals.
Who Should Consider a MAPT?
MAPTs aren’t for everyone, but they can be a powerful option if:
- You’re over 60 and want to protect your assets in case you need long-term care.
- You own your home and want to ensure it stays in the family.
- You have more than $100,000 in savings or other non-retirement assets.
- You’re a caregiver to an aging parent who may need Medicaid in the next 5–10 years.
- You want to avoid probate and Medicaid Estate Recovery after you pass.
If you’re unsure, we’ll walk you through whether a MAPT makes sense for your specific situation in Illinois.
MAPT vs. Gifting vs. Other Strategies
MAPTs are just one tool — here’s how they compare to other common approaches:
| Strategy | Pros | Cons | Best For |
| MAPT | Protects assets, avoids probate, qualifies for Medicaid | Must be done 5+ years in advance, irrevocable | Pre-retirees with significant assets |
| Gifting Assets | Simple, fast | Violates look-back period, no protection from creditors | Small assets, early planning |
| Life Estate | May avoid probate | Medicaid can still claim a share if sold | Seniors planning to stay in home for life |
| Revocable Living Trust | Avoids probate | No protection from Medicaid or creditors | General estate planning, not care planning |
Common Mistakes to Avoid
Even with the best of intentions, families often make costly errors when it comes to long-term care planning. Here are some of the big ones:
- Transferring your home directly to your children. This exposes your property to their debts, divorce, or lawsuits — and violates the Medicaid look-back period.
- Waiting too long. MAPTs are only effective if created and funded 5+ years before applying for Medicaid.
- Putting retirement accounts into the trust. IRAs and 401(k)s should not go into a MAPT — the tax consequences can be severe.
- Trying to DIY your trust. Medicaid rules are complex and vary by state. One wrong clause can disqualify you.
We’ve helped many Illinois families avoid these pitfalls. Planning with the right guidance makes all the difference.
What Does a MAPT Cost in Illinois?
Creating a MAPT isn’t free, but it’s far less than the cost of a single year in a nursing home. Typical costs range from $2,500 to $6,500 depending on the complexity of your assets and your estate plan.
In many cases, the MAPT is part of a full legal package that may include:
- A pour-over will
- Powers of attorney
- Advance healthcare directives
- HIPAA medical authorizations
It’s also worth noting: a well-crafted MAPT could save you hundreds of thousands of dollars in the long run — by protecting your home and life savings from Medicaid spend-down and estate recovery.
Real Example: Glenview Family Avoids Losing Their Home
John and Susan, a retired couple in their 70s, had lived in their Glenview home for 35 years. Their savings totaled about $300,000, and John was recently diagnosed with early-stage Parkinson’s.
They came to us looking for ways to protect their assets in case John eventually needed full-time care. We created a Medicaid Asset Protection Trust, transferred their home and non-retirement investments into it, and named their children as beneficiaries.
Four years later, John entered a long-term care facility. Because they had planned ahead, Susan stayed in the home, and the trust kept their savings protected. Their children will inherit everything without going through probate or Medicaid estate recovery.
Frequently Asked Questions (FAQ)
Can I still live in my home if it’s in a MAPT?
Yes. You retain the right to live in your home for the rest of your life, even after it’s transferred into the trust.
Can I access the money or property once it’s in the trust?
No. The assets in a MAPT are no longer legally yours — that’s what makes them protected. You can still receive income the trust generates, but you cannot withdraw or use the principal.
What happens if I need Medicaid before 5 years is up?
You may face a penalty period where you’re ineligible for Medicaid. That’s why timing is critical — earlier planning gives you more options.
Can I change the trust later?
No — it’s irrevocable. But you may be able to retain limited powers, like changing beneficiaries, depending on how the trust is drafted.
Is a MAPT only for the very wealthy?
No. Even middle-income families in Cook County benefit from MAPTs, especially if they want to protect a home or savings over $100,000.
Talk to an Elder Law Attorney in Glenview
We’ve been helping Illinois families protect their assets and plan for long-term care for over 30 years. If you’re in Glenview, Chicago, or anywhere in Cook County, we’ll help you decide if a Medicaid Asset Protection Trust is the right move — and we’ll guide you through every step of the process.
Schedule a free 15-minute consultation and get the clarity you need to move forward.
What to Expect When You Work With Us
Our process is designed to be clear, supportive, and reassuring:
- Book a no-pressure consultation: A comfortable conversation to understand your needs and answer your questions.
- Review and plan: We develop a customized, practical plan aligned with your personal goals.
- Clear documents and guidance: Receive carefully crafted legal documents and clear explanations every step of the way.
- Ongoing support: Life evolves—so does your plan. We’re here to help whenever circumstances change.