A life insurance policy can pay for senior care while the insured is still alive, not just leave money behind after death. There are four ways of using one to pay for care: an accelerated death benefit rider, a life settlement, a viatical settlement, or surrendering the policy for its cash value.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Each one pays differently, gets taxed differently, and hits your heirs and your Medicaid eligibility differently.
This guide walks through all four, plus the two questions that decide whether any of them is a good idea: how the money is taxed, and what it does to Medicaid.
Why Families Tap a Policy in the First Place
Care is expensive, and a life insurance policy is often the largest asset a family hasn't touched. In 2026, the national median cost of an assisted living community is about $6,200 per month, non-medical home care runs about $35 an hour, roughly $80,080 a year at 44 hours a week, and a semi-private nursing home room runs about $9,581 per month.ltcfeds.gov. (2024). FLTCIP (ltcfeds.gov) - Costs of Long Term Care (FLTCIP 2024 Cost of Care Survey). Retrieved Jun 22, 2026, from https://www.ltcfeds.gov/long-term-care/costs A private nursing home room is higher still, about $10,798 per month.ltcfeds.gov. (2024). FLTCIP (ltcfeds.gov) - Costs of Long Term Care (FLTCIP 2024 Cost of Care Survey). Retrieved Jun 22, 2026, from https://www.ltcfeds.gov/long-term-care/costs
At those numbers, savings drain fast. A policy that was bought to protect a spouse or pay for a funeral can instead fund a year or two of care now, when it's needed. The tradeoff is real: money pulled out while the insured is alive is money the heirs won't get later.
Four Ways of Using Life Insurance to Pay for Senior Care
Accelerated Death Benefit (ADB) Riders
An accelerated death benefit rider lets a terminally or chronically ill policyholder take an advance on the death benefit while still alive, and that advance is tax-free.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Many permanent policies already include a rider like this at no extra cost. Dig out the policy and check.
For nursing-home care, the monthly amount you can draw is typically about 2 percent of the policy's face value.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm A $200,000 policy would advance roughly $4,000 a month under that formula. Every dollar you accelerate reduces, or eventually eliminates, what your heirs receive.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm
This is usually the first option to check, because you keep the policy with your own insurer and don't sell anything.
Life Settlement
A life settlement is the sale of your policy to a third-party buyer for a lump sum. The price lands above the policy's cash surrender value but below its death benefit.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm The buyer takes over the premiums and collects the death benefit later.
Settlements are generally available to older policyholders. The federal Administration for Community Living (ACL) describes the typical seller as a woman about age 74 or older, or a man about age 70 or older.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm See the ACL's guidance on using life insurance to pay for long-term care for the full picture.
Two things to weigh. The proceeds may be taxable.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm And once you sell, there's no death benefit left for your heirs.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm
Viatical Settlement
A viatical settlement is a life settlement made by someone who is terminally or chronically ill.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm The mechanics are the same, you sell the policy for a lump sum, but the tax treatment is far better.
The money is generally tax-free if the insured has a life expectancy of two years or less, or is chronically ill.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm That tax break is the main reason a viatical settlement beats an ordinary life settlement when the insured qualifies. As with any sale, no death benefit remains for heirs.
Surrendering for Cash Value
Surrendering means cashing the policy in with your own insurer for its cash surrender value. Only permanent policies (whole life, universal life) build cash value. Term life has none, so there's nothing to surrender.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm
Surrender is the simplest option, but usually the one that pays least. The cash surrender value is, by definition, lower than what a life settlement buyer would pay.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm The policy ends, and the death benefit goes with it. Surrender only when the other routes are closed or the policy is small.
There are also private companies that market arrangements to convert a life insurance policy into a fund that pays care providers directly. These are vendor-marketed products, not a government program. Treat any payout figure a salesperson quotes as a sales pitch, and compare it against an ADB rider or a settlement before signing.
Comparing Your Options
The right route depends on your health, your tax situation, and whether leaving money to heirs matters.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm
| Option | Who it's for | What you get | Tax treatment | Effect on heirs |
|---|---|---|---|---|
| Accelerated death benefit rider | Terminally or chronically ill policyholder | An advance on the death benefit, about 2% of face value per month for nursing care | Tax-free under Internal Revenue Code section 101(g) | Reduces or eliminates the death benefit |
| Life settlement | Older policyholder, often a woman about 74+ or man about 70+ | Lump sum above cash surrender value, below the death benefit | Proceeds may be taxable | No death benefit left |
| Viatical settlement | Terminally or chronically ill insured | Lump sum from selling the policy | Generally tax-free if life expectancy is 2 years or less, or chronically ill | No death benefit left |
| Surrender for cash value | Anyone with a permanent (cash-value) policy | The policy's cash surrender value, paid by the insurer | Gain above premiums paid may be taxable | No death benefit left |
What Using Life Insurance to Pay for Senior Care Does to Your Taxes
The tax rules for ADB riders and viatical settlements come from one section of the tax code: Internal Revenue Code (IRC) section 101(g).U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm It splits people into two groups, and the group decides how much is tax-free.
Terminally ill. Payments to a terminally ill insured are fully excluded from income.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm No cap. The whole accelerated or viatical payment comes out tax-free.
Chronically ill. Payments to a chronically ill insured are excluded only up to the long-term care per-diem limit, which is $430 per day for 2026.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Anything you receive above that daily cap can be taxable.
The Internal Revenue Service (IRS) spells this out in its instructions for Form 1099-LTC, the form that reports accelerated death benefits and viatical settlements. A life settlement that isn't viatical follows ordinary rules instead, and its proceeds may be taxable.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Confirm your own treatment with a tax professional before you count on a number.
How Using Life Insurance for Care Affects Medicaid
Here's where a quick decision can backfire. Turning a policy into cash can cost you Medicaid eligibility, because Medicaid is means-tested and that lump sum is countable money.
Under the federal Supplemental Security Income (SSI) rules that most states apply, a whole-life policy's cash surrender value counts as a resource once the total face value of all policies on one person exceeds $1,500.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Below that $1,500 face-value threshold, the cash value is generally left alone. Term life, which has no cash value, generally doesn't count at all.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm
Selling or surrendering changes the math fast. The moment you convert a policy into cash, you've created a lump sum of countable money that can push an applicant over the asset limit.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm A policy that was quietly exempt can become disqualifying cash overnight.
If Medicaid is on the table now or within a few years, don't cash out a policy without modeling the effect first. Spending the proceeds down too quickly, or in the wrong way, can trip the look-back rules. Our guide to Medicaid planning strategies explains how the asset limits and the 5-year look-back work, and Medicaid estate recovery covers what the state can later claim back.
Before You Sell: Cautions
A few rules of thumb before you sign anything.
Check with your own insurer first. Many permanent policies already carry an accelerated death benefit rider, often at no added cost. Confirming that you have one is free and can save you a sale you didn't need.
Know who regulates the deal. Life and viatical settlements are regulated by state insurance departments.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Your state's department can tell you whether a buyer is licensed and walk you through consumer protections. The National Association of Insurance Commissioners (NAIC) publishes a consumer guide to life settlements worth reading first.
Confirm taxes and Medicaid before you commit. The tax outcome and the Medicaid outcome can each swing the value of a deal by thousands of dollars.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Get both answered in writing before the policy changes hands.
Don't let a vendor's quote stand alone. Compare any private conversion offer against an ADB rider, a settlement, and a straight surrender. The simplest pitch isn't always the most money.
Frequently Asked Questions
Can I use term life insurance to pay for care?
Not really. Term life has no cash value, so there's nothing to surrender and nothing for a buyer to value as a settlement.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm A viatical settlement of a term policy is theoretically possible, but the usual cash routes (ADB rider, surrender) depend on a permanent, cash-value policy.
Will using my policy now leave anything for my heirs?
It depends which route you take. An accelerated death benefit rider reduces or eliminates the death benefit by the amount you draw.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm A life settlement, viatical settlement, or surrender ends the policy entirely, so no death benefit is left.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm
Is the money I get taxed?
It depends on the route and your health. ADB and viatical payments to a terminally ill insured are fully tax-free; to a chronically ill insured they're tax-free up to $430 per day for 2026.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm A life settlement that isn't viatical may be taxable, and surrendering for cash value can be taxable on any gain.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Confirm with a tax professional.
Could cashing out my policy cost me Medicaid?
Yes. A whole-life policy's cash surrender value already counts as a resource once total face value tops $1,500, and selling or surrendering turns the policy into countable cash that can push you over the asset limit.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm Model the Medicaid effect before you cash out.
Who do I call to check whether an offer is legitimate?
Start with your own insurer to see whether you have an ADB rider, then contact your state insurance department, which regulates life and viatical settlements.U.S. Government Publishing Office. (n.d.). 26 USC 101(g) - Treatment of certain accelerated death benefits (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapB-partIII-sec101.htm The ACL and the NAIC both publish consumer guidance on these options.
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The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.