This page provides a plain-English summary of key elder care and estate planning information specific to Kansas residents. It covers Kansas Medicaid limits, estate tax rules, advance directive information, and links to important Kansas agencies and resources.
Information on this page is updated periodically but laws and limits change frequently. Always verify current figures with the relevant agency or a licensed attorney.
Kansas Medicaid — 2026 Eligibility Limits for Long Term Care
Kansas’s Medicaid program is called KanCare and is administered by the Kansas Department of Health and Environment — KDHE — and the Kansas Department for Aging and Disability Services — KDADS. Kansas expanded Medicaid under the Affordable Care Act in 2022 providing coverage to adults up to 138 percent of the federal poverty level. KanCare delivers benefits through three managed care organizations — MCOs — Aetna Better Health of Kansas Sunflower Health Plan and United Healthcare Community Plan.
Income limit — single applicant — Kansas has no income cap for nursing home Medicaid Kansas is one of the few states that does not impose a hard monthly income cap for nursing home Medicaid eligibility. Instead nearly all of a resident’s income must be paid toward nursing home care costs — the resident keeps only a small personal needs allowance plus Medicare premiums and any allowable spousal income allowance. Having higher income does not disqualify a person from Kansas nursing home Medicaid but does mean contributing more toward care costs.
Medically needy spend-down — available for some programs Kansas offers a medically needy spend-down pathway for certain Medicaid programs calculated over a six-month period. Applicants with income above the standard Medicaid levels apply excess income toward qualifying medical expenses to spend down to the medically needy income limit of $994 per month. The medically needy asset limit is $2,000 for an individual.
Asset limit — single applicant A single applicant must have $2,000 or less in countable assets. Exempt assets include the primary residence with equity up to $752,000 if the applicant intends to return home, one vehicle, personal belongings and household furnishings, life insurance policies with a death benefit up to $1,500, burial spaces, and irrevocable burial fund agreements up to $11,960. Note that IRAs and 401(k)s are counted as countable assets for the applicant spouse. However the non-applicant spouse’s IRA or 401(k) is exempt in Kansas — a favorable rule for married couples.
Home and community based care — Frail Elderly Waiver Kansas’s primary HCBS program for seniors is the Frail Elderly — FE — Waiver which provides home and community based services for Kansans aged 65 and older who need nursing facility level care but want to remain at home. The asset limit is $2,000 for a single applicant. There is no income cap for the FE Waiver — applicants contribute income toward care costs using the same cost-sharing rules as nursing home Medicaid. The FE Waiver may have a waitlist in some areas — families should contact the Aging and Disability Resource Center at 1-800-860-5260 to apply and check current availability.
Services include personal care homemaker services adult day services respite care assistive technology and home modifications.
Married couples — one spouse applying When only one spouse applies for Kansas KanCare Medicaid the community spouse — the spouse who remains at home — may retain up to $157,920 of the couple’s combined countable assets — slightly below the federal maximum of $162,660. If the community spouse’s share is less than $32,532 the community spouse may retain up to $32,532. The applicant spouse retains $2,000.
Monthly Maintenance Needs Allowance The minimum Monthly Maintenance Needs Allowance for the community spouse is $2,643.75 per month in 2026. The maximum is $4,066.50 per month for community spouses with high housing costs.
Personal needs allowance — very low Kansas nursing home Medicaid recipients are allowed to keep only $62 per month as a personal needs allowance — one of the lowest in the country. The remainder of income is applied toward the cost of care.
Look-back period and divestment penalty Kansas has a 60-month — five year — look-back period for nursing home Medicaid and FE Waiver applications. Asset transfers made within 60 months of applying that were for less than fair market value may result in a penalty period of ineligibility. The 2026 divestment penalty divisor in Kansas is approximately $7,800 per month reflecting the state’s average nursing home costs.
Estate recovery Kansas requires Medicaid estate recovery. After a KanCare recipient dies the state seeks reimbursement from the estate for long term care costs paid. Planning with an elder law attorney can help protect assets from estate recovery.
How to apply for Kansas KanCare Medicaid Applications can be submitted online through the Kansas KEES portal at kancare.ks.gov, by phone at 1-800-792-4884, or in person at your local Kansas Department for Children and Families — DCF — office.
Kansas Medicaid administering agency Kansas Department of Health and Environment — kancare.ks.gov
Kansas Estate Tax — 2026
No Kansas state estate tax Kansas does not impose a state estate tax. No Kansas estate tax applies to any estate regardless of size.
No Kansas inheritance tax Kansas does not impose an inheritance tax. Beneficiaries who receive assets from a Kansas decedent owe no Kansas inheritance tax regardless of the size of the inheritance or their relationship to the deceased.
Federal estate tax Kansas residents may be subject to the federal estate tax. The federal estate tax exemption is $15,000,000 per person in 2026 following enactment of the One Big Beautiful Bill Act. The exemption is portable between spouses meaning a married couple can protect up to $30,000,000 from federal estate tax with proper planning. The top federal estate tax rate is 40 percent on amounts above the exemption.
No Kansas gift tax Kansas does not impose a state gift tax. Federal gift tax rules apply — the annual gift tax exclusion is $19,000 per recipient in 2026.
Kansas income tax Kansas has a graduated state income tax with rates ranging from 3.1 percent to 5.58 percent on income over $23,000. Social Security benefits are fully exempt from Kansas income tax. Pension income and retirement account withdrawals including IRA and 401(k) distributions are taxable in Kansas — which is less favorable than many neighboring states. Residents aged 65 and older receive an increased standard deduction.
Kansas property taxes — above average Kansas has an effective property tax rate of approximately 1.21 percent — above the national average. Property tax relief is available for qualifying seniors and disabled veterans through the Property Tax Relief Claim for Seniors and Disabled Veterans — Form K-40SVR — for residents over 65 who meet income and home value requirements.
Step-up in basis Inherited assets in Kansas receive a stepped-up tax basis to fair market value at the date of the original owner’s death. This can significantly reduce capital gains taxes when beneficiaries later sell inherited property.
Kansas Advance Directives
Kansas law recognizes the following advance directive documents:
Kansas Durable Power of Attorney for Health Care Decisions Names a healthcare agent to make medical decisions on your behalf when you are unable to do so. Must be signed and witnessed by two adults or notarized.
Kansas Declaration — Living Will Documents your wishes regarding life-sustaining treatment when you have a terminal condition or are in a persistent vegetative state. Must be signed and witnessed by two adults.
Kansas POLST — Physician Orders for Life-Sustaining Treatment Kansas uses a POLST form for seriously ill patients that documents specific medical orders regarding CPR hospitalization and artificial nutrition. Must be signed by a physician or nurse practitioner.
Kansas Do Not Resuscitate Order A physician order directing emergency personnel not to perform CPR. Kansas has standardized out-of-hospital DNR protocols.
Kansas Advance Directive Registry Kansas does not maintain a statewide advance directive registry. Copies of your advance directive should be given to your healthcare agent physician and any hospital or care facility where you receive care.
Free Kansas advance directive forms Free Kansas-specific advance directive forms are available at caringinfo.org and from the Kansas Medical Society at kmedical.org.
Kansas Key Agencies and Resources
Kansas Department for Aging and Disability Services — KDADS Coordinates KanCare long term care programs and services for older Kansans including home care nutrition programs caregiver support and the Kansas SHICK program for free Medicare counseling. Website: kdads.ks.gov Phone: 1-785-296-4986 Kansas SHICK — free Medicare counseling: 1-800-860-5260
Kansas Department of Health and Environment — KDHE Administers KanCare — Kansas Medicaid. Website: kancare.ks.gov Phone: 1-800-792-4884
Kansas Aging and Disability Resource Centers — ADRCs Kansas ADRCs serve as the entry point for long term care information and services for older adults and people with disabilities. Contact 1-800-860-5260 to reach your local ADRC.
Kansas Area Agencies on Aging Kansas is served by 11 Area Agencies on Aging that coordinate local services for older adults and caregivers. Eldercare Locator: 1-800-677-1116 or eldercare.acl.gov
Kansas Long Term Care Ombudsman Program Advocates for the rights of residents of nursing homes and assisted living facilities. Investigates complaints and helps resolve problems free of charge. Website: kdads.ks.gov/commissions/senior-care/long-term-care-ombudsman Phone: 1-877-662-8362
Kansas Bar Association Lawyer Referral Service Connects Kansans with attorneys including those who specialize in elder law and estate planning. Website: ksbar.org Phone: 1-785-234-5696
Kansas Legal Services Provides free civil legal services to low income Kansans including seniors on issues related to Medicaid benefits housing and elder law. Website: kansaslegalservices.org Phone: 1-800-723-6953
Kansas Veterans Resources
Kansas Commission on Veterans Affairs — KCVA Provides services and benefits to Kansas veterans and their families including free VA claims assistance and connections to Kansas veterans resources. Website: kcva.ks.gov Phone: 1-785-296-3976
Kansas Veterans Homes Kansas operates veterans homes providing long term care to eligible veterans and their spouses. Facilities are located in Fort Dodge and Winfield. Website: kcva.ks.gov/veterans-homes
Kansas Senior Property Tax Benefits
Property Tax Relief for Seniors and Disabled Veterans — Form K-40SVR Kansas homeowners aged 65 and older or disabled veterans who meet income and home value requirements may qualify for a property tax relief claim. For 2025 the household income maximum was $58,041 and the home value maximum was $350,000. File Form K-40SVR with your Kansas income tax return or as a standalone filing.
Homestead Refund Kansas offers a homestead property tax refund for qualifying homeowners and renters aged 55 and older or totally and permanently disabled who meet income requirements. The refund is based on the amount of property taxes paid relative to income. File using Form K-40H.
Disabled Veteran Property Tax Exemption Kansas veterans who are totally and permanently disabled due to a service-connected disability may qualify for a property tax exemption on their primary residence. Contact your county appraiser’s office for details.
Finding Elder Law and Estate Planning Attorneys in Kansas
The following resources can help you find a qualified elder law or estate planning attorney in Kansas:
- National Academy of Elder Law Attorneys — NAELA — naela.org — searchable directory by location
- Kansas Bar Association Lawyer Referral Service — ksbar.org — 1-785-234-5696
- Kansas Chapter of NAELA — Kansas has an active NAELA chapter with members throughout the state
- Kansas Legal Services — kansaslegalservices.org — free legal assistance for income-qualifying seniors — 1-800-723-6953
The information on this page is for general informational purposes only and does not constitute legal or financial advice. Kansas KanCare Medicaid rules and other figures change frequently. Always verify current information with the relevant agency or a licensed attorney. Laws vary and individual circumstances differ significantly.
Last updated: May 2026