Do You Qualify for Medicaid In New York?

When a client asks me if they can qualify for Medicaid in New York, I ask about their assets, income, living situation, and health. Some clients they may be able to qualify rather easily. Others may need to engage in some planning in order to qualify for Medicaid. Yet others automatically assume that they can […]

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Article 81 Guardianships for Incapacitated Adults In NY

Ideally, we would like to always have the mental and physical ability to make our own financial and health related decisions. In the event that we can not, an estate planning attorney can assist by preparing advance directives such as health care proxies, living wills, and powers of attorney, so that we can appoint trusted […]

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Should I Deed My Home to My Children?

I often receive phone calls from potential clients asking whether, as an estate planning and elder attorney, I recommend that they add their children as co-owners to the deed of their house, co-op, or condominium. The callers are usually concerned with avoiding probate or protecting their home from Medicaid if they need long term care. […]

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Do You Need A New Power of Attorney?

As we had discussed in a prior article, a statutory short form durable power of attorney (“POA”) is an important document which every New Yorker should consider. To recap, a POA allows any agents you select, typically your spouse and/or children, to make financial decisions for you. This can be crucial if you are sick […]

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Spending Down Assets to Qualify for Medicaid Nursing Home Care

Medicaid nursing home care is a means-based program, which means that the government looks at your income and assets to determine eligibility. Since you can’t gift away your assets and qualify for nursing home care for up to 5 years, elder law attorneys need to find creative legal ways for over-resourced seniors to qualify for […]

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Medicaid Planning with a Life Estate Deed

As we discussed in the previous article, in order to avoid Medicaid liens and estate recovery, elder law clients would be well advised to learn about their rights to protect their homes. This is true whether they need Medicaid home care and wish to avoid estate recovery, or whether they are planning for nursing home […]

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Medicaid Planning for the Home: Irrevocable Medicaid Trust

When it comes to long term care for seniors, our office recommends long term care insurance as the first choice. If that is not an option, planning for Medicaid becomes an important component of many families’ plans. While Medicaid allows seniors to own a home and still qualify for benefits, it is important to understand […]

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Pooled Trusts: Medicaid Home Care While Preserving Income

Many New York City residents who are in need of community Medicaid services such as home care, adult day care, or prescription drugs find that they exceed New York Medicaid’s income allowance, of $800 a month (plus a $20 personal needs allowance) in 2013. Many seniors receive social security, pension, and investment income which easily […]

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Planning for Incapacity With a Living Trust

As we covered in the first part of this series, the likelihood of becoming incapable of taking care of one’s financial affairs at some point in life is fairly high. Having already discussed incapacity planning vis a vis a power of attorney, we now turn to a more sophisticated method of planning for incapacity, the […]

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The Difference Between a Will and a Living Will

In my estate planning practice, as well as during the seminars that I give, I regularly speak to clients who are unsure of the distinction between a Will, also known as a last will and testament, and a living will. I have even had one client who had told me that she had a Will, […]

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Attorney Advertising Disclaimer: The estate planning, probate, elder law or other New York legal information presented on this site should NOT be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Using the advice provided on this site without consulting an lawyer can have disastrous results. Prior results do not guarantee similar outcomes. Please contact a Queens estate planning attorney at one of our law firms located in New York City. This web site is not intended to solicit clients for matters outside of the State of NY, although we have relationships with attorneys and law firms in states throughout the United States. Free consultation applies to an initial phone consultation.
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