Medicaid Spend Down in Arkansas: Asset Limits and Miller Trusts

An Arkansas Medicaid spend down is how you get from where you are today to the $2,000 countable-asset ceiling that long-term care Medicaid requires, by using excess cash on things the program either doesn’t count or treats as legitimate expenses. A single applicant also has to keep gross monthly income at or below $2,982 in 2026; if income runs higher, a Qualified Income Trust (Miller Trust) is the only way in. Everything else in the planning process flows from those two numbers.

What Counts Toward the $2,000 Limit

Before you spend anything down, sort what you own. Only countable assets need to be reduced.

Countable resources include cash, checking and savings accounts, money market accounts, certificates of deposit, stocks, bonds, mutual funds, U.S. savings bonds, IRAs and 401(k)s when the funds are accessible to you, real estate other than your primary home, any second vehicle at full equity value, revocable burial funds above the $1,500 per-person exclusion, and trust assets you can withdraw or direct.

Exempt resources sit outside the calculation. Your primary home is exempt while you, your spouse, or a dependent relative lives there, or while you have a documented intent to return, up to $752,000 in equity. One vehicle is fully excluded regardless of value. Personal effects, furniture, appliances, and clothing don’t count. Burial spaces for family members, irrevocable burial trusts, and irrevocable prepaid funeral plans are all exempt. Life insurance is exempt if the combined face value is $1,500 or less; above that, the cash surrender value becomes countable.

The shape of the spend down comes directly from that split: cash you’d otherwise have to give up can often be moved into an exempt category legitimately, rather than simply drained.

Legitimate Ways to Spend Down

The rule behind every acceptable move is the same. You must receive fair market value for what you spend. Giving assets away, or paying a friend or relative an inflated price for a small service, is treated as a transfer and triggers a penalty (see the look-back section below).

Pay Down Debt

Paying off a mortgage, car loan, credit card balance, or outstanding medical bills is one of the cleanest options. The cash leaves your countable column and you get real value in return. Paying the mortgage on your exempt home is especially efficient, because the house stays exempt while the balance you owed disappears.

Repair or Upgrade the Home

Money spent on necessary repairs or accessibility improvements to your primary residence qualifies. A new roof, HVAC replacement, structural repairs, a wheelchair ramp, or a walk-in shower all work. Keep the contractor’s written estimate and the final invoice.

Replace Exempt Personal Property

You can buy a more reliable car to replace your current one, or update furniture, appliances, and clothing. Because those categories are exempt, countable cash converts into things Medicaid ignores. Stay reasonable. Buying a luxury vehicle purely to hide money will draw scrutiny.

Prepay Burial and Funeral Costs

An irrevocable prepaid funeral plan or irrevocable burial trust permanently removes that money from the countable column. These can cover the casket, plot, headstone, services, and related costs. If you can cancel the plan and get a refund, it isn’t irrevocable and the money still counts.

Pay for Care

Paying a facility or a home caregiver directly out of pocket is a valid use of funds while you work toward eligibility. If a family member is being paid to provide care, Arkansas requires a written caregiver agreement in place before services begin. Prepaying for future services that haven’t been delivered yet is treated as a gift.

Medicaid-Compliant Annuity (Married Couples)

When one spouse stays in the community, that spouse can use excess assets to purchase an immediate annuity that converts a lump sum into monthly income. To avoid a transfer penalty, the annuity must be irrevocable, non-assignable, and actuarially sound (payout within the purchaser’s life expectancy), with equal monthly payments and no deferrals or balloon payments. It must name the State of Arkansas as primary remainder beneficiary, or as secondary beneficiary behind a community spouse or a minor or disabled child, for at least the value of Medicaid benefits paid.

If Your Income Is Over the Cap: The Miller Trust

Arkansas is an income-cap state. If your gross monthly income exceeds $2,982, you are automatically ineligible unless a Qualified Income Trust is in place. There is no income spend-down; the trust is the only workaround.

The Miller Trust is an irrevocable account established under a legal trust document. Each month, your countable income goes into the trust rather than your personal account. The trustee then pays out in a fixed order: a $40 personal needs allowance to you, any income allowance owed to a community spouse or dependents, approved medical expenses Medicaid doesn’t cover, and the remainder to the facility or care provider as your share of cost.

Only income can go into the trust. You cannot mix in savings or other resources. Bank service charges and commercially reasonable trustee fees from a financial institution are the only administrative costs payable from the account; attorney fees and tax-preparation fees are not. The trust runs until you die or DHS approves its termination, and any balance at death goes to DHS up to what Medicaid spent on your care.

Practically, have the trust document drafted and the dedicated account opened before or at the same time as you apply, so there’s no month in which your income disqualifies you.

The 60-Month Look-Back

When you apply, DHS reviews every financial transfer you made during the 60 months before the application date. Any asset given away or sold for less than fair market value inside that window is treated as an improper transfer and produces a penalty period during which Medicaid will not pay for long-term care.

The penalty period equals the total value of improper transfers divided by the state’s penalty divisor, which is $8,834 per month (effective April 1, 2025 through March 31, 2026) and reflects the average private-pay nursing home cost in Arkansas. A $53,004 gift within the look-back produces a six-month penalty.

The penalty doesn’t start on the date of the transfer. It starts on the date you are otherwise eligible and have actually applied. You can be in a facility, financially qualified, and still locked out for months because of a gift made years earlier. During that period, you pay privately. This is why casual generosity, helping a grandchild with tuition, forgiving a loan, transferring a car to a family member, needs to be planned around, not discovered at the application desk.

If You Are Married

The rules protect the spouse who stays in the community from being stripped of everything.

DHS totals the couple’s combined countable assets on the date of institutionalization. The community spouse keeps a protected share called the Community Spouse Resource Allowance. For 2026, the minimum is $32,532 and the maximum is $162,660. Only assets above the allowed amount need to be spent down, and the community spouse’s own income does not count toward the applicant’s eligibility.

Income has a parallel protection. If the community spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance, which is $2,643.75 per month from July 1, 2025 through June 30, 2026, part of the applicant’s income can be diverted to fill the gap. A community spouse earning $1,800 per month, for example, could receive up to $843.75 per month from the applicant. A higher allowance can be requested through a fair hearing or court order if actual living expenses justify it.

Keep Records of Every Transaction

The burden is on you to prove each spend-down move was legitimate. For each transaction, keep the receipt, invoice, or settlement statement showing what you paid, whom you paid, what you received, and the date. Bank statements should show a clean trail from your account to the vendor or creditor. For home improvements, keep the written estimate and the final invoice. For caregiver payments, keep the signed agreement, a service log, and canceled checks or payment confirmations. Missing documentation is the fastest way to have a real expense reclassified as a gift and pulled into a penalty calculation.

What Happens After Death

Arkansas does not lien your home while you are living, but after a Medicaid recipient dies the state can seek reimbursement from the estate for long-term care benefits paid. Estate recovery is paused when a surviving spouse is alive, a surviving child is under 21, or a surviving child of any age is blind or disabled. The home is also protected when a sibling who lived there at least a year before the recipient entered the facility still resides there, or when an adult child who lived there at least two years before institutionalization and provided care that delayed placement still resides there. Assets that pass by beneficiary designation outside probate, such as life insurance proceeds, retirement accounts with named beneficiaries, and payable-on-death accounts, are generally not subject to recovery. DHS also has a hardship waiver process for cases where recovery would create undue hardship or cost more than it would collect.

Applying in Arkansas

Long-term care Medicaid applications are handled through your local DHS county office. The application requires DHS forms plus supporting financial documentation: bank statements, asset records, income verification, and proof of any spend-down transactions. DHS then runs medical eligibility through the Office of Long Term Care and financial eligibility through the county office.

Timing is not neutral. If you have already been admitted to a nursing facility, apply promptly so you don’t accumulate private-pay charges Medicaid could have covered. If a Miller Trust is needed, have it drafted and funded from day one. Many families work with an elder law attorney for the trust and the broader spend-down plan; fees typically run from a few hundred to a few thousand dollars, against a private-pay nursing home cost of roughly $8,800 per month.