Annuities and Long-Term Care: How Guaranteed Income Works, the Tax Rules and the Medicaid-Compliant Option
Financial and insurance review by Michael Banner

Key Takeaways
- An annuity converts a lump sum into an income stream. A lifetime annuity pays for as long as you live, so you cannot outlive the payments.
- Most families use annuities for care in one of four ways: guaranteed income, a long-term care rider, a Medicaid-compliant annuity or a 1035 exchange into care coverage.
- A Medicaid-compliant annuity must follow federal rules. It must be irrevocable, impossible to sell, paid in equal amounts within your life expectancy and name the state as a remainder beneficiary. It is used most often to protect the spouse who stays at home.
- A Medicaid-compliant annuity does not make money disappear. It turns savings into income. That income still matters to Medicaid.
- Surrender charges often last 5 to 10 years. Withdrawals before age 59½ can add a 10% federal tax. Gains are taxed as ordinary income.
- Someone turning 65 has almost a 70% chance of needing long-term care, and Medicare does not pay for it. Before you buy, check your care runway in the Affordability Calculator.
What Is an Annuity?
An annuity is an insurance contract built to turn money into income. You pay the insurance company, and it promises to pay you back on a schedule.
There are two basic phases:
- The accumulation phase. Your money grows tax-deferred inside the annuity.
- The payout phase. The insurer pays you income, monthly or yearly, for a set period or for life. Turning the annuity into income is called annuitizing.
Some annuities skip the first phase and start paying right away. Others grow for years before you ever take a dollar.
Here is the uncomfortable truth. Most people who buy an annuity are thinking about retirement income. Almost nobody is thinking about a nursing home. Then care starts, and the family discovers the annuity they own has surrender charges, a tax bill waiting inside it and rules that change how Medicaid sees it.
An annuity can be a strong part of a care plan. It can also be the most expensive thing to undo.
How an Annuity Works
- You choose the type. Immediate or deferred. Fixed, indexed or variable. Each works differently.
- You pay the premium. Usually a single lump sum, sometimes a series of payments. Most annuities do not require medical underwriting. Annuities with a long-term care rider usually do.
- The money grows tax-deferred at a fixed rate, an index-linked rate or based on investments, depending on the type.
- You take money out through withdrawals, by annuitizing for guaranteed income or through a rider. Early withdrawals above the free amount can trigger surrender charges.
- At death, what happens depends on the payout you chose. A life-only payout stops. A period-certain or refund payout sends what is left to your beneficiaries.
Types of Annuities
| Type | How it works | Access to your money | Role in a care plan |
|---|---|---|---|
| Single premium immediate annuity (SPIA) | You pay a lump sum. Income starts within a year, for a set term or for life. | Little to none once payments start | Can close part of the monthly gap between income and care costs |
| Deferred income annuity (DIA) | You pay now. Income starts later, often years later. | Little to none | Can plan income for the later years, when care is more likely |
| Fixed deferred annuity (including MYGAs) | Earns a guaranteed interest rate for a set number of years | Limited. Surrender charges apply, but many allow about 10% a year free. | Grows savings tax-deferred. Can be annuitized or exchanged later. |
| Fixed indexed annuity | Interest is tied to a market index, with caps and a floor that protects against market loss | Limited. Surrender periods can be long. | Growth with downside protection, but complex |
| Variable annuity | Money is invested in subaccounts and can lose value. It is a registered security. | Limited. Surrender charges and higher fees are common. | Growth potential with market risk. Least suited to care that may be close. |
| Annuity with a long-term care rider | A deferred annuity that pays a care benefit pool larger than its value if you need care | Limited | Built specifically for care |
| Medicaid-compliant annuity | A special immediate annuity that meets federal Medicaid rules | None. It is irrevocable and cannot be sold. | Crisis planning when Medicaid is needed now, especially for married couples |
4 Ways Annuities Can Help Pay for Long-Term Care
1. Guaranteed income to close the monthly gap
Most families have a gap. Social Security and a pension cover some of the bill. Savings cover the rest, until they do not.
An immediate or deferred income annuity can turn part of your savings into a paycheck. A lifetime payout keeps coming no matter how long you live. That is the real promise of an annuity: income you cannot outlive.
But read the payout option carefully. A life-only payout pays the most each month and stops at death, even if that is a year after you buy. A period-certain or cash refund option pays a little less and protects your family.
2. An annuity with a long-term care rider
Some deferred annuities include a long-term care rider. If you need care, the rider pays from a benefit pool that can be two to three times the annuity's value on some policies. If you never need care, the annuity value stays yours or goes to your heirs.
Underwriting is usually simpler than traditional long-term care insurance, which can help people who would be declined elsewhere. Since 2010, under the Pension Protection Act, benefits paid from a qualified long-term care rider on an annuity are generally tax-free.
3. A Medicaid-compliant annuity
This is the strategy families hear about from elder law attorneys, usually after a parent is already in a nursing home.
A Medicaid-compliant annuity turns countable savings into a stream of income. When it meets federal rules, buying it is not treated as a gift, so it does not trigger the look-back penalty. It is most powerful for married couples, because income paid to the spouse at home generally does not count toward the nursing home spouse's eligibility. More on how this works, and the catch, below.
4. A 1035 exchange into long-term care coverage
Since 2010, the Pension Protection Act has allowed a tax-free 1035 exchange of an existing annuity into qualified long-term care coverage, including an annuity with a long-term care rider and many hybrid life/LTC policies. An old annuity sitting untouched can become dedicated care coverage without triggering tax on the gains. You may still need to qualify medically, the money must move directly between insurance companies, and surrender charges on the old annuity may still apply.
The question is not "Do we have an annuity?" The question is "Which way of using it leaves the most for care, and the most for the family?"
Model an annuity with your numbers
Try the Annuities CalculatorWhat Does Care Cost Compared With Annuity Income?
A guaranteed check feels safe. Care costs put it in perspective. Here are the national medians, based on the 2025 CareScout Cost of Care Survey, compared with an illustrative annuity payment of $1,000 a month.
National median long-term care costs vs. $1,000 a month of annuity income
| Type of care | Monthly | Yearly | Share $1,000 a month covers | Monthly gap left |
|---|---|---|---|---|
| Home care (non-medical) | $6,673 | $80,076 | About 15% | $5,673 |
| Assisted living | $6,200 | $74,400 | About 16% | $5,200 |
| Nursing home, private room | $10,798 | $129,576 | About 9% | $9,798 |
Source: the 2025 CareScout Cost of Care Survey, as shown on LTCareNav Care Costs by State. Last updated March 2026. The $1,000 payment is an illustration, not a quote.
Now compare that with how long care can last. According to the U.S. Administration for Community Living, someone turning 65 has almost a 70% chance of needing long-term care. Women need it for 3.7 years on average and men for 2.2 years. About 20% will need it for more than five years.
An annuity can make the gap smaller and more predictable. On its own, it rarely closes it. And a fixed payment buys less every year that care costs rise. Costs also vary a lot by state, sometimes two to three times. See the numbers where you live on Care Costs by State, then plug them into the Affordability Calculator to see your care runway: how many months your savings, income and benefits can cover care.
Not sure what level of care is ahead? The Health Trajectory tool projects how care needs may change over time, and the Care Assessment shows what level of care fits today.
How long will your money last if care starts tomorrow?
Check Your Care RunwayTax Rules You Should Know
- Growth is tax-deferred. You pay no tax on gains while they stay inside the annuity.
- Gains are taxed as ordinary income, not at lower capital gains rates, when they come out.
- Withdrawals from a deferred annuity come from gains first. Every dollar is taxable until the gains are used up (26 U.S.C. § 72).
- Before age 59½, taxable withdrawals generally carry an extra 10% federal tax, with some exceptions.
- Annuitized payments are split. For an annuity bought with after-tax money, part of each payment is a tax-free return of what you paid in, and part is taxable, until your cost is recovered (IRS Publication 575).
- Annuities inside an IRA or 401(k) are generally fully taxable when paid out, and required minimum distribution rules apply.
- No stepped-up basis for heirs. Unlike a home or stocks, an inherited annuity's gains are taxed as income to the beneficiary.
- Long-term care rider benefits from a qualified rider are generally tax-free under the Pension Protection Act.
- 1035 exchanges between annuities, or from an annuity into qualified long-term care coverage, are generally tax-free when the money moves directly between insurers.
Talk with a tax professional before you buy, withdraw, surrender or exchange.
Medicaid-Compliant Annuities: How They Work and the Catch
Long-term care can drain savings fast. When the money runs out, Medicaid is often what pays. To qualify, a person must be at or under the state's asset limit, which is typically $2,000 for an individual. Limits vary by state. See your state's rules in LTCareNav's Medicaid Long-Term Care Guide.
A regular annuity usually counts. If an annuity can be cashed in, Medicaid generally counts its cash surrender value as an asset. Buying an annuity that does not follow the rules can also be treated as a gift. Medicaid reviews transfers made during the look-back period, which is 60 months in most states (CMS). California uses 30 months. A transfer in that window can create a penalty period with no Medicaid coverage.
What makes an annuity Medicaid-compliant
Under the Deficit Reduction Act of 2005 (42 U.S.C. § 1396p), an annuity generally must:
- Be irrevocable. You cannot cancel it or cash it in.
- Be non-assignable. You cannot sell it or transfer it to anyone else.
- Be actuarially sound. It must pay out within the owner's life expectancy.
- Pay in equal amounts. No delayed payments and no balloon payment at the end.
- Name the state as remainder beneficiary. The state must be first in line for any payments left at death, up to what Medicaid paid for care. It can be second only behind a spouse or a minor or disabled child.
The annuity must also be disclosed on the Medicaid application. Some states add their own rules on top of these.
How it protects the spouse at home
This is where Medicaid-compliant annuities do the most good.
When one spouse needs nursing home care, the spouse at home can keep a protected share of the couple's assets, called the Community Spouse Resource Allowance. Everything above that usually has to be spent down. The amount changes every year and depends on your state. See how it works in the Community Spouse Resource Allowance tool in Financial Tools.
A Medicaid-compliant annuity can turn the extra savings into monthly income for the spouse at home. Under federal law, income paid only in the at-home spouse's name generally belongs to that spouse and does not count toward the nursing home spouse's eligibility (42 U.S.C. § 1396r-5). So instead of spending down the savings on care, the at-home spouse keeps them as income.
For a single person, it works differently
For a single person, the annuity income generally goes toward the cost of care each month. Elder law attorneys sometimes pair an annuity with a gift so that part of the savings goes to family while the annuity covers care during the penalty period. This is complex, the rules vary by state and the math has to be exact. In states with an income cap, the extra income may also require a Miller trust (see the Miller Trust tool in Financial Tools).
The catch
Here is the uncomfortable truth. A Medicaid-compliant annuity does not make money disappear. It changes its form.
- The savings become income. That income still counts for Medicaid purposes.
- The state is usually next in line for whatever is left when the annuitant dies.
- It cannot be undone. Once signed, the money is locked in.
- One wrong term, beneficiary or payment schedule can turn it into a penalized transfer.
It is a crisis planning tool, usually bought when care is already needed. Families may also use the Spend-Down Planner in Financial Tools to see when Medicaid comes into the picture, or prepay funeral costs through a funeral trust, which is exempt from Medicaid asset limits (see the Funeral Trust tool in Financial Tools). Talk with an elder law attorney before you buy, cash in or change an annuity. Find one in the LTCareNav Marketplace.
Talk with someone before you buy
Find an Elder Law AttorneyAlready Own an Annuity? Check These 6 Things
Pull out the latest statement, or call the insurance company, and find:
- The surrender value today. Not the account value. What you would actually receive if you cashed it in.
- The surrender charge schedule and the date it ends.
- Whether it is qualified or non-qualified, and how much you paid in (your cost basis).
- Riders. Is there a long-term care rider, an income rider or a nursing home waiver that lets you withdraw without surrender charges if you need care?
- Who the owner, annuitant and beneficiaries are.
- Whether it can be annuitized or exchanged into long-term care coverage through a 1035 exchange.
Then enter the surrender value in the Affordability Calculator as part of your liquid assets to see how far it stretches.
Annuities vs. Other Ways to Pay for Care
| Feature | Income annuity (SPIA) | Annuity with LTC rider | Medicaid-compliant annuity | Hybrid life/LTC policy | Traditional LTC insurance |
|---|---|---|---|---|---|
| Designed for long-term care | No | Yes | No, designed for Medicaid eligibility | Yes | Yes |
| Guaranteed income | Yes | Not unless you annuitize | Yes, for a set term | No | No |
| Access to a lump sum after buying | No | Limited, surrender charges apply | No | Limited | No |
| If care is never needed | Payments continue. What is left at death depends on the payout option. | The annuity value stays yours or goes to heirs | The state may collect what is left, up to what Medicaid paid | Heirs get the death benefit | Premiums are gone |
| Medical underwriting | Usually no | Usually simplified | No | Yes | Yes, often strict |
| How Medicaid sees it | Payments count as income | Cash value generally counts as an asset | Payments count as income for the person who receives them | Cash value can count as an asset | Not counted |
| Best fit | Families who want predictable income | Families with savings who want care coverage and may not qualify for insurance | Married couples facing nursing home costs now | Families planning ahead who want a death benefit | Most care coverage per dollar |
Compare every option side by side in Financial Tools, including the Annuities, Hybrid Life/LTC Policy and Whole Life Insurance tools. Read more in our guides to hybrid life and long-term care insurance, whole life insurance and long-term care and what long-term care insurance costs.
Pros and Cons of Annuities for Long-Term Care
Advantages
- Guaranteed income you cannot outlive, when you choose a lifetime payout.
- Medicaid-compliant versions can protect assets for the spouse at home by turning savings into income.
- Tax-deferred growth. No tax on gains until they come out.
- Predictable. Fixed annuities do not rise and fall with the market.
- Usually no medical underwriting for income annuities, and simpler underwriting for annuities with long-term care riders.
- State guaranty associations protect annuity benefits if an insurer fails, commonly up to $250,000 per person per insurer, though limits vary by state (NOLHGA).
Considerations
- Surrender charges can be significant. They often last 5 to 10 years and can take a real bite if you need the money early.
- Inflation erodes fixed payments. A payment that covers a share of care today covers less every year. Cost-of-living riders help but lower the starting payment.
- Complex tax treatment on withdrawals. Gains come out first, are taxed as ordinary income and can carry a 10% penalty before 59½.
- Money is locked up. An immediate annuity cannot be cashed in for an emergency.
- No stepped-up basis. Heirs pay income tax on the gains.
- Fees. Variable and indexed annuities can carry rider fees, management fees and caps that limit growth.
- Medicaid planning is unforgiving. A small drafting mistake can turn a Medicaid-compliant annuity into a penalized transfer.
Who an Annuity Fits
An annuity may be worth a closer look if:
- You worry more about running out of money than about leaving an inheritance.
- You have savings that are not earning much and want predictable income.
- You are married and one spouse may need nursing home care, while the other stays at home.
- You own an old annuity that could be exchanged into long-term care coverage.
- You have been declined for long-term care insurance and want another way to plan for care.
It may not be the right fit if:
- You may need the money soon for care, repairs or emergencies.
- The surrender period would outlast your planning window.
- You are counting on the money to pass to heirs at a stepped-up basis.
- You are thinking about a Medicaid-compliant annuity without an elder law attorney.
The question is not "Is an annuity a good product?" The question is "Is it the right tool for our care risk, our timeline and our family?"
How to See If an Annuity Fits Your Care Plan in 5 Steps
- Find out what you already have. Check any existing annuities for surrender values, surrender charges, riders and nursing home waivers.
- Project the care. Use the Health Trajectory tool and the Care Assessment to see what level of care may be ahead and for how long.
- Check your care runway. Look up costs on Care Costs by State, then use the Affordability Calculator to see how far income and savings go and how big your monthly gap is.
- Model the annuity. Open the Annuities calculator and choose the situation closest to yours (monthly income, liquid assets, home value and age range). The results update instantly. Create a free account to enter your real numbers.
- Talk before you buy. Take your numbers to a licensed financial professional, a tax professional and, if Medicaid is possible in the next five years, an elder law attorney. Find vetted professionals in the LTCareNav Marketplace.
The calculator gives general estimates to show how an annuity could fit your plan. Actual payments depend on your age, the insurer, interest rates, the payout option and your state. It is a starting point for the conversation, not a quote.
Questions to Ask Before You Buy
- Is this an immediate or deferred annuity? Fixed, indexed or variable?
- What is the guaranteed payment, and what payout option is it based on: life only, period certain or cash refund?
- What are the surrender charges, how long do they last and how much can I withdraw each year for free?
- Is there a nursing home or terminal illness waiver of surrender charges?
- Is there a long-term care rider? How big is the care benefit pool, and how do I qualify?
- Is there an inflation or cost-of-living option? How much does it lower the starting payment?
- What fees and rider charges apply each year?
- How will this annuity be treated for Medicaid in my state?
- If this is meant to be Medicaid-compliant, does it meet every federal and state requirement, in writing?
- What is the insurer's financial strength rating, and what is my state's guaranty association limit?
- Would a 1035 exchange of an annuity I already own serve us better?
Frequently Asked Questions
What is an annuity?
An annuity is a contract with an insurance company. You pay a lump sum or a series of payments, and the insurer pays you income, either right away or later, for a set number of years or for life. Money inside the annuity grows tax-deferred.
Can an annuity pay for long-term care?
Yes. An annuity can provide guaranteed income toward care costs, include a long-term care rider that pays a larger care benefit, be structured as a Medicaid-compliant annuity, or be exchanged tax-free into long-term care coverage through a 1035 exchange.
What is a Medicaid-compliant annuity?
A Medicaid-compliant annuity is an immediate annuity that meets federal Medicaid rules. It must be irrevocable, impossible to sell or transfer, paid in equal amounts within the owner's life expectancy and name the state as remainder beneficiary for what Medicaid paid. When it meets the rules, buying it is not treated as a gift.
Does an annuity count as an asset for Medicaid?
Usually, yes, if it can be cashed in. Medicaid generally counts the cash surrender value of a regular annuity. A Medicaid-compliant annuity cannot be cashed in, so its payments count as income instead of an asset. Rules vary by state.
Will buying an annuity trigger the Medicaid look-back?
A Medicaid-compliant annuity generally does not. An annuity that does not meet federal rules can be treated as a transfer of assets. If it happens within the look-back period, 60 months in most states and 30 months in California, it can create a penalty period with no Medicaid coverage.
What happens to a Medicaid-compliant annuity when the owner dies?
The state must be named as remainder beneficiary. It is first in line for any remaining payments, up to the amount Medicaid paid for care, unless a spouse or a minor or disabled child is named first. Whatever is left after that goes to the other beneficiaries.
Are annuity payments taxable?
Partly. Gains are taxed as ordinary income when they come out. For an annuity bought with after-tax money, part of each annuitized payment is a tax-free return of what you paid in. Withdrawals from a deferred annuity come from gains first, and taxable withdrawals before age 59½ generally carry an extra 10% tax. Annuities inside an IRA are generally fully taxable.
What are annuity surrender charges?
Surrender charges are fees for taking out more than the free withdrawal amount, or cashing in the annuity, during the first several years. They often last 5 to 10 years and usually shrink each year. Some annuities waive them if you need nursing home care.
Can I exchange an old annuity for long-term care coverage?
Often, yes. Since 2010, the Pension Protection Act has allowed tax-free 1035 exchanges from annuities into qualified long-term care coverage, including annuities with long-term care riders and many hybrid policies. The money must move directly between insurance companies, and you may need to qualify medically.
How much does long-term care cost?
The national median is about $6,673 a month for non-medical home care, $6,200 a month for assisted living and $10,798 a month for a private nursing home room, based on the 2025 CareScout Cost of Care Survey. Costs vary by state. See Care Costs by State on LTCareNav, then use the Affordability Calculator to see how long your money will last.
Does Medicare pay for long-term care?
No. According to Medicare.gov, Medicare does not pay for long-term custodial care at home or in a nursing home. It may cover limited skilled care after a qualifying hospital stay. That is why families use savings, annuities, insurance, VA benefits or Medicaid to pay for care.
Guaranteed Income Is Not a Guaranteed Plan
An annuity can give a family something rare in long-term care: a check that keeps coming. It can also lock up money, create a tax bill and leave the state first in line.
The difference is planning. Know what kind of annuity you have, what it costs to change it and how it fits with everything else.
- Model it with the Annuities calculator, and compare it with every other option in Financial Tools.
- Find out how long your money will last with the Affordability Calculator.
- See how much care may be ahead with the Health Trajectory tool.
- Check care costs where you live with Care Costs by State.
- Learn your state's Medicaid rules in the Medicaid Long-Term Care Guide.
- Connect with a vetted professional in the Marketplace.
Not sure where to start? See how every piece fits together in one place to plan for long-term care.
It is free for families.
Start Your Free Plan at LTCareNav.com
Start Your Free PlanSources
- U.S. Administration for Community Living: How Much Care Will You Need?
- Medicare.gov: Long-Term Care
- CMS: Transfer of Assets in the Medicaid Program
- 42 U.S.C. § 1396p: Liens, adjustments and recoveries, and transfers of assets (Cornell LII)
- 42 U.S.C. § 1396r-5: Treatment of income and resources for certain institutionalized spouses (Cornell LII)
- 26 U.S.C. § 72: Annuities; certain proceeds of endowment and life insurance contracts (Cornell LII)
- IRS Publication 575: Pension and Annuity Income
- American Association for Long-Term Care Insurance: 1035 Exchanges for Long-Term Care Insurance
- NOLHGA: How You're Protected
- LTCareNav Medicaid Long-Term Care Guide
- LTCareNav Care Costs by State (the 2025 CareScout Cost of Care Survey, updated March 2026)
LTCareNav provides general educational information, not insurance, investment, legal, tax or financial advice. Annuity features, tax rules and Medicaid rules vary by insurer and state and change over time. Talk with a licensed financial professional, a tax advisor and an elder law attorney about your situation.
Sources & references
- Centers for Medicare & Medicaid Services: Long Term Care
- Centers for Medicare & Medicaid Services: Index
- U.S. Department of Veterans Affairs: Aid Attendance Housebound
- Centers for Medicare & Medicaid Services: Cms.Gov