Learn · Special Situations

PA Medicaid Asset Protection Trust

By Sean Quinlan, Esq. · Updated January 15, 2025

A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust designed to remove assets from Medicaid spend-down — after the 5-year transfer lookback expires.

Structure

Irrevocable, with the settlor as a non-trustee. Income may be paid to the settlor; principal cannot. Children typically serve as trustees and remainder beneficiaries.

5-year lookback

Transfers within 5 years of a Medicaid application create a penalty period. Plan early, before health issues arise.

Tradeoffs

Loss of direct control. Best for primary residence and other long-hold assets where access is not needed.

Disclaimer

This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.

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