Elder Law in New York
Medicaid planning, long-term care strategies, and legal protections for New York seniors and their families.
Elder law encompasses the legal issues that most affect older adults and their families: Medicaid planning, long-term care, guardianship, and protection from elder abuse. Alan Vaitzman, Esq. provides compassionate, knowledgeable elder law services to help New York seniors protect their assets and plan for their future care needs.
Medicaid Planning in New York
New York Medicaid covers long-term care costs for eligible individuals, but qualification requires meeting strict income and asset limits. With proper planning, you can protect your home and savings while qualifying for Medicaid benefits to cover nursing home or home care costs.
- Medicaid Asset Protection Trust (MAPT) — protects assets from Medicaid spend-down
- Community Spouse Resource Allowance — protecting assets for the at-home spouse
- Medicaid-compliant annuities — converting countable assets to income
- Caregiver child exception — transferring home to a child who provided care
- Spousal refusal — a New York-specific strategy for married couples
- Crisis Medicaid planning — even last-minute planning can help
The 5-Year Medicaid Lookback Rule
New York Medicaid has a 5-year 'lookback period' — any assets transferred within 5 years of applying for nursing home Medicaid may create a period of ineligibility. This makes early planning essential. However, even if you're already facing a care crisis, there are strategies that can help.
Long-Term Care Planning
The average cost of nursing home care in New York exceeds $150,000 per year. Planning ahead gives you the most options for protecting your assets and ensuring quality care. We help families evaluate all available options, from long-term care insurance to Medicaid planning to Veterans benefits.
- Long-term care insurance evaluation and coordination
- Veterans Aid & Attendance benefits for eligible veterans
- Home care planning and Medicaid home care programs
- Nursing home contract review and negotiation
- Medicaid application assistance
Elder Abuse and Financial Exploitation
Financial exploitation of the elderly is a serious and growing problem. If you suspect a family member is being financially exploited or subjected to undue influence, we can help you take immediate legal action to protect them and recover misappropriated assets.
Frequently Asked Questions
How much can I keep and still qualify for Medicaid in New York?
For nursing home Medicaid in New York, a single person can generally keep $16,800 in assets (2024 figures). A married couple can keep significantly more through the Community Spouse Resource Allowance. With proper planning, you may be able to protect much more.
Can I give away assets to qualify for Medicaid?
Transfers made within 5 years of applying for nursing home Medicaid can create a period of ineligibility. However, certain transfers are exempt (to a spouse, to a disabled child, to a caregiver child). Early planning is essential — the sooner you start, the more you can protect.
What is the difference between Medicare and Medicaid?
Medicare is federal health insurance for people 65+ that covers hospital stays and limited skilled nursing care. Medicaid is a state/federal program for people with limited income and assets that covers long-term nursing home care. Most people exhaust Medicare coverage quickly and need Medicaid for extended care.
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Alan Vaitzman, Esq.
Senior Associate Attorney
Licensed in New York State. Specializing in estate planning, probate, and Surrogate's Court proceedings.
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