One major reason families seek estate planning attorneys is for asset protection. Irrevocable trusts protect assets from a nursing home. But your parents must fund the trust 5 years before needing care. If one of your parents needs nursing home care immediately, he or she may transfer assets to the spouse. But the "well" spouse can only have $128,640.00 in countable assets. If the "well" spouse has assets over that amount, Medicaid will not deny care to the nursing home applicant. But, Medicaid will come after the spouse for the cost of care.