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Universal Medicaid Asset Protection Trust Template

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What's Included

Universal Medicaid Asset Protection Trust (MAPT) template as a multi-state compliant starting point for Medicaid planning. Transfers assets out of the Medicaid-countable estate while preserving a retained interest. Drafted under the Uniform Trust Code with awareness of federal Medicaid look-back rules (42 U.S.C. § 1396p) and DRA 2005 provisions. Includes grantor declarations, irrevocability clause, retained income interest, trustee and successor trustee provisions, distribution restriction to non-grantor beneficiaries, Medicaid recovery compliance, trustee powers, and notary execution block. NOTE: MAPT rules vary significantly by state — confirm your state's look-back period, transfer penalty rules, and exempt asset categories before execution. Instant .docx download.

Irrevocable income-only trust structure
5-year Medicaid lookback compliance (42 U.S.C. § 1396p)
No principal distributions to settlor or spouse
Income distribution to settlor for life
Residence retention provisions (occupy rent-free)
Limited testamentary power of appointment
Step-up in basis preservation (IRC § 1014)
Grantor trust tax election (IRC §§ 671-679)
Spendthrift protection
Successor Trustee provisions
Lookback acknowledgment
Notary acknowledgment block

Who This Is For

  • Adults age 55+ planning for long-term care
  • Homeowners wanting to protect a primary residence from Medicaid recovery
  • Families planning ahead of the 5-year lookback
  • Adults wanting to leave assets to children despite Medicaid eligibility

NOT Appropriate For

  • Anyone needing Medicaid within 5 years (lookback penalty applies)
  • People unwilling to give up principal access
  • Anyone with a current Medicaid application or denial pending

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by purchase. Consult a licensed Universal attorney for advice specific to your situation.

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