Does Your Power of Attorney Actually Work for Medicaid Planning?
A missing clause in your Power of Attorney could cost your family thousands in care costs. Here's what to check—before it’s too late.

Founder / Attorney

Michael L. RutkowskiFebruary 3, 2026
Few topics cause more confusion — or anxiety — than Medicaid and your home.
Many families hear “Medicaid won’t take your house” and assume they’re safe. Others hear the opposite and panic, believing they must give everything up to get care.
The truth lies in the difference between Medicaid eligibility and estate recovery — and that distinction matters more than most people realize.
Let’s break it down.
One of the biggest misunderstandings we see is assuming that Medicaid approval equals permanent protection.
It doesn’t.
Eligibility rules apply while you are alive and applying for benefits.
In Michigan:
This is why many people are approved for long-term care Medicaid without having to sell their house.
Estate recovery happens after death.
Once a Medicaid recipient passes away, the state is required to seek repayment for certain benefits paid — typically long-term care — from the person’s estate.
That can include:
This is where families are often caught off guard.
When Your Home Is Protected During Your Lifetime
While you are alive, your home is often protected if:
In these cases, Medicaid cannot force you to sell your home to qualify for benefits.
This protection allows many people to:
But this protection is not automatic or permanent.
After death, the rules shift.
If no planning has been done:
Families often tell us:
“We thought the house was protected because Medicaid approved them.”
That’s the misconception.
Eligibility rules protect the home during life. Estate recovery rules apply after death.
The good news?
Estate recovery is not always unavoidable — but timing is critical.
Proper planning can:
The key is understanding both sides of the Medicaid equation:
Medicaid doesn’t “take your house” when you apply — but that doesn’t mean your home is automatically safe forever.
Knowing the difference between Medicaid eligibility and estate recovery gives you clarity, control, and options.
If you’re planning for long-term care or helping a loved one navigate Medicaid, understanding this distinction early can make all the difference.
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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