How to Protect Your Spouse if You Need Nursing Home Care in the Future

Name: ESTATE PLANNING – Avoid Probate and Take Control of Your Future
Start: 2026-06-27T05:00:00-04:00
End: 2026-06-27
Location: Nellie's Southern Kitchen

Attorneys Greg McIntyre and Haley Matson

Many families worry about what will happen if one spouse needs long-term care. Will the cost of nursing home or assisted living deplete retirement savings? Could you be forced to sell your home? And most importantly—how can you ensure your spouse and family are financially secure if the unexpected happens?

At McIntyre Elder Law, these are questions we help families answer every day. Attorneys Greg McIntyre and Haley Matson recently sat down to discuss practical steps couples can take to protect assets, preserve the family home, and make sure both spouses are cared for no matter what the future brings.

Step 1: Meet with an Estate Planning Attorney

The first step in protecting your spouse and your assets is to sit down with an experienced estate planning attorney. Every family is unique, and a personalized plan should take into account:

Your family structure
Your assets and income
The health of both spouses

By reviewing these factors, an attorney can recommend strategies to safeguard property and retirement funds before a health crisis occurs.

Step 2: Protect the Home with a Lady Bird Deed

One of the most powerful tools available in North Carolina is the Lady Bird Deed (also known as an enhanced life estate deed).

A Lady Bird Deed allows you and your spouse to keep full ownership and control of your home during your lifetimes. When both spouses pass away, the home transfers directly to your chosen beneficiaries—without going through probate.

Because the property doesn’t pass through probate, it avoids Medicaid estate recovery claims, protecting the home from being taken to pay back long-term care costs. In short:

You stay in control of your home during life
Your spouse is protected if you pass away first
The home transfers smoothly to your children or other beneficiaries

Step 3: Consider a Trust for Added Protection

For many families, a trust can provide an additional layer of security. Trusts can:

Protect money and other assets
Allow flexibility and control during your lifetime
Ensure smooth management of finances if you become incapacitated
Work alongside a Lady Bird Deed to secure both real estate and financial assets

Planning ahead with trusts and foundational estate planning documents also helps avoid costly and stressful guardianship proceedings.

Step 4: Crisis Planning if You Haven't Prepared

Not everyone plans years in advance—and that’s okay. Even if a health crisis happens suddenly, there are still options.

If one spouse experiences a fall, stroke, or illness and needs nursing home care, attorneys can help reposition assets under Medicaid rules to protect as much as possible while still qualifying for benefits.

The goal is always the same: to preserve as close to 100% of your assets as possible, even when care is needed immediately.