What is “Intent to Return Home” ?
Intent to Return Home & Medicaid – Quick Facts
A declaration that a Medicaid recipient’s stay in a nursing home is temporary and they plan to move back to their primary residence.
It protects the primary home from being counted toward Medicaid’s asset limit, preserving eligibility.
Yes—if no exempt relatives live there, most states cap home equity at $730,000 or $1,097,000 (2025).
Not always—some states limit Intent to Return to 6–12 months before the home becomes countable.
What is “Intent to Return Home” and How Does it Impact Medicaid Long-Term Care?
“Intent to Return” is a declaration that protects a Medicaid recipient’s primary residence as an exempt asset while they are in a nursing home. It means the person plans to move back home if their condition improves, even if that return is unlikely. The exemption can apply to houses, condos, mobile homes, and houseboats, even if the land isn’t owned.
This rule most often applies to Nursing Home Medicaid but may also apply to other programs like Aged, Blind, and Disabled Medicaid or HCBS Waivers when a person temporarily lives outside their home. However, in some cases—like moving permanently to assisted living—states may not allow the exemption beyond 12 months.
How Do You Establish an Intent to Return Home?
While the intent can be implied, it is best documented in writing, either through a signed letter or a sworn affidavit. Some states, such as South Carolina, Oklahoma, and Texas, have specific forms for this purpose. These forms confirm that the absence from the home is temporary and that the property remains the individual’s principal residence.
If no exempt relatives live in the home, states impose a home equity limit—$730,000 or $1,097,000 in 2025—above which the exemption will not apply.
Are There Monetary or Time Restrictions on an Intent to Return?
Yes. While most states protect in-state homes, only a few—like Florida, Maryland, and West Virginia—allow out-of-state properties under this rule. Some states, such as Virginia, North Dakota, and Nebraska, limit the exemption to 6 months; Hawaii assumes no intent after 6 months without a discharge plan. In some cases, medical professionals can override the intent if returning home is medically unrealistic, which can trigger Medicaid disqualification until assets are spent down to the limit.
Does Intent to Return Protect Against Estate Recovery?
No. While it shields the home from counting toward asset limits, it does not protect against Medicaid’s Estate Recovery Program, which seeks repayment after death. States may place a TEFRA lien on the home if a return seems unlikely, securing their claim for reimbursement of long-term care costs.
Who Is Protected from a Medicaid Lien?
States cannot place a lien if one of the following lives in the home:
- Spouse
- Child under 21
- Permanently blind or disabled child (any age)
- Sibling with equity interest who lived there at least one year before nursing home admission
A lien does not force the home’s sale during the owner’s lifetime, and it must be removed if the owner returns home.
