Elder Law Attorney New York
Medicaid planning, long-term care strategies, and legal protections for New York seniors and their families.
Protecting assets, planning for long-term care, and ensuring legal documents reflect your wishes are decisions that carry real weight for older adults and their families as they age. An elder law attorney in New York addresses all of it. Alan Vaitzman, Esq. works with clients across the full scope of New York elder law matters: Medicaid planning, estate planning, trusts, guardianship, and protection from elder abuse.
Reviewed by Alan Vaitzman, Esq. — 5+ years handling elder law, estate planning, and guardianship matters in New York.
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, property, and savings while meeting Medicaid eligibility requirements for nursing home or home care coverage.
- Medicaid Asset Protection Trust (MAPT) to shield assets from Medicaid spend-down.
- Community Spouse Resource Allowance to protect assets for the at-home spouse.
- Medicaid-compliant annuities to convert countable assets to income.
- Caregiver child exception for transferring a home to a child who provided care.
- Spousal refusal, a New York-specific strategy for married couples.
- Crisis Medicaid planning, because even last-minute strategies 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. If you are already facing a care crisis, there are still strategies that can help.
Long-Term Care Planning
The average cost of nursing home care in New York exceeds $150,000 per year, and healthcare expenses grow as families face aging. Planning ahead gives you real options for protecting assets and ensuring quality care. We help families evaluate everything available, including long-term care insurance, Medicaid planning, Veterans benefits, and advance planning documents such as powers of attorney, health care proxies that authorize medical decisions, and living wills.
- Long-term care insurance evaluation and coordination.
- Veterans Aid and Attendance benefits for eligible veterans.
- Home care planning and Medicaid home care programs.
- Nursing home contract review and negotiation.
- Assisted living options and transition planning.
- Medicaid application assistance.
- Advance directives, including health care proxies and living wills.
Elder Abuse and Financial Exploitation
Financial exploitation of the elderly is a serious and growing problem across New York City and surrounding areas. 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. Where capacity is a concern, guardianship proceedings may be the right step, allowing a court to appoint a guardian who acts in that person's best interests.
Frequently Asked Questions
1. How much can I keep and still qualify for Medicaid in New York?
The numbers are often better than families fear. For nursing home Medicaid in New York, a single person can generally keep $16,800 in assets (2024 figures). A married couple can keep much more through the Community Spouse Resource Allowance. With proper planning, you may be able to protect a great deal beyond those thresholds.
2. 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. Certain transfers are exempt, including those to a spouse, a disabled child, or a caregiver child. Your specific circumstances determine which exemptions apply. Early planning is essential. The sooner you start, the more you can protect.
3. What is the difference between Medicare and Medicaid?
Medicare is federal health insurance for people 65 and older that covers hospital stays and limited skilled nursing care. Medicaid is a state and federal program for people with limited income and assets that covers long-term nursing home care. Many people exhaust Medicare coverage and need Medicaid for extended care.
4. What does an elder law attorney New York handle beyond Medicaid?
Medicaid planning is central to elder law, but it is one part of a broader picture. An elder law attorney in New York also handles estate planning, trusts, probate, powers of attorney, health care proxies, and guardianship. Protecting a client's assets, wishes, and family relationships requires all of these working together.
5. Do I need an elder law attorney New York to apply for Medicaid?
For many families, the answer comes down to what's at stake. You can apply without legal representation, but New York Medicaid rules are complex, thresholds shift, and errors create costly periods of ineligibility. Working with an elder law attorney in New York State cuts that risk, and the planning itself often recovers far more than it costs.
Schedule a free, no-obligation consultation with Alan Vaitzman, Esq. We'll discuss your needs, build a plan, and outline a clear path forward.
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