Pittsburgh Medicaid Planning Attorney

Comprehensive Medicaid Planning in Pittsburgh, PA

Medicaid planning shouldn’t be separated from the rest of your estate plan. At Herb & Winters Law, we coordinate eligibility and asset protection strategies with powers of attorney, guardianship avoidance, and other estate planning priorities.

Founded in 1978, our Pittsburgh law firm brings more than 45 years of professional experience to complex legal issues. We analyze available exemptions and explain practical options for addressing long-term care costs while protecting your broader goals.

A Medicaid Strategy Shaped by Your Family & Finances

Every family begins with different assets, health concerns, timelines, and goals. We take the time to understand those details rather than applying the same strategy to every estate.

Our role isn’t simply to provide instructions. Our Medicaid planning lawyer in Pittsburgh explains how Medicaid rules affect your choices so you can make informed decisions about property, savings, care, and who may need authority to act on your behalf.

Our coordinated review may address:

• Medicaid eligibility: Income, resources, transfers, exemptions, and nursing home level of care requirements.
• Estate planning documents: Powers of attorney and related documents needed to carry out your decisions.
• Guardianship avoidance: Advance arrangements for financial and health care decisions if incapacity occurs.
• Asset protection: Medicaid-compliant options based on the applicant’s property, marital status, and timeline.

Pennsylvania Medicaid Income & Asset Rules

The Pennsylvania Department of Human Services administers long-term care Medicaid through County Assistance Offices. In addition to meeting the financial requirements, an applicant generally must require a nursing home level of care.

For 2026, gross monthly income of $2,982 is an important threshold for determining the applicable resource limit. An applicant with income above that amount may have a $2,400 resource limit, while an applicant at or below it may have a $2,000 resource limit and an additional $6,000 resource disregard. Exceeding the income threshold doesn’t necessarily prevent eligibility, but an approved applicant may need to contribute much of that income toward care after permitted deductions.

Assets generally fall into two categories:

• Countable assets: Bank accounts, investments, cash, and additional real estate may count toward the resource limit.
• Exempt assets: A primary residence subject to applicable equity and residency rules, one vehicle, personal belongings, and certain burial arrangements may be excluded.

Classification depends on ownership, use, value, and family circumstances. We examine each asset rather than assuming everything must be spent before an application can proceed.

The Five-Year Medicaid Look-Back Period

Pennsylvania reviews asset transfers made during the 60 months before a long-term care Medicaid application. Gifts and other transfers for less than fair market value can create a period of ineligibility, even when property was transferred to relatives with good intentions.

For 2026, Pennsylvania’s penalty period divisor is $421.20 per day. The state divides the value of a disqualifying transfer by that figure to calculate the penalty. A $42,120 transfer, for example, would produce a 100-day penalty under this divisor.

The timing of that penalty is critical. It generally doesn’t begin until the applicant is otherwise eligible and living in a nursing facility. The family may therefore be responsible for paying privately throughout the penalty period.

Early preparation creates more options because transfers and other financial decisions can be addressed before care becomes necessary. Crisis planning may still be possible after a hospital stay or nursing home admission, but tighter timing and eligibility constraints limit the available strategies.

Protecting a Spouse Who Remains at Home

Medicaid’s spousal impoverishment rules protect the spouse living in the community from having to exhaust all household resources. In 2026, the Community Spouse Resource Allowance ranges from approximately $32,532 to $162,660, depending on the couple’s combined countable assets.

The community spouse may also retain the home under applicable residency rules. That spouse’s income isn’t counted when determining the applicant spouse’s eligibility. Since account ownership alone doesn’t control how marital resources are treated, we review assets held by both spouses.

How We Protect Assets & Address Medicaid Eligibility

We begin by reviewing income, property, prior transfers, marital status, existing estate documents, and the anticipated care setting. This analysis allows us to identify applicable exemptions and strategies suited to the client’s finances and timeline.

Depending on the circumstances, those options may include spend-down planning, exempt-asset conversions, or irrevocable trust asset protection. Each approach carries different timing, control, and transfer consequences, so financial changes should be evaluated before they are made.

We also consider how a proposed strategy interacts with estate documents and the Pennsylvania estate recovery program. Because the state may seek reimbursement for certain benefits from a recipient’s estate, sound planning must look beyond initial approval.

Our Medicaid planning process can include:

• Reviewing countable and exempt assets.
• Evaluating transfers within the look-back period.
• Examining protections available to a community spouse.
• Coordinating Medicaid strategy with estate planning documents.
• Explaining the available options before the family makes financial changes.

Plan Before Long-Term Care Decisions Become Urgent

Thoughtful preparation can protect more than eligibility. It can align long-term care decisions with your finances, estate documents, and family priorities. Schedule an initial consultation before transferring property, spending down savings, or submitting an application. Our Pittsburgh Medicaid planning lawyer can guide you throughout the process.