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New York Elder Law — Medicaid Planning, Long-Term Care, and Aging Issues

Elder law addresses the legal challenges of aging — Medicaid planning, long-term care funding, healthcare proxies, asset protection trusts to shield the family home from nursing home costs, and crisis planning when a loved one is already in care. Our elder law attorneys help New York families preserve resources and maintain dignity through aging transitions.

Representing clients across Manhattan, Brooklyn, Queens, The Bronx, Staten Island, Long Island, and Westchester. Free initial consultation.

Elder Law and Medicaid Topics

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.

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.

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.

Discuss Your Elder Law and Medicaid Matter

Speak directly with Alan Vaitzman, Esq. about your situation. Free consultation, transparent flat-fee pricing where applicable.

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