Elder Law Attorney
in Smithtown & Syosset, NY

An elder law attorney focuses on legal issues affecting seniors and their families, including Medicaid planning, asset protection, guardianship, long-term care planning, healthcare decision-making, and nursing home issues. Elder law attorneys help families navigate the complex intersection of healthcare, finances, and legal matters that arise as people age.

You should consult an elder law attorney when:

• Facing a nursing home admission or discharge from hospital to nursing home
• Applying for Medicaid to cover long-term care costs
• Dealing with a loved one's incapacity or dementia
• Setting up guardianship for someone who lacks power of attorney
• Protecting assets from nursing home costs (ideally 5+ years in advance)
• Navigating nursing home issues or residents' rights violations
• Planning for future long-term care needs

It's better to consult early—ideally 5+ years before needing care—but elder law attorneys can help even in crisis situations.

Medicaid planning is the process of legally arranging your assets and finances to qualify for Medicaid coverage of long-term care while protecting as much wealth as possible. Medicaid has strict asset and income limits, but legal strategies exist to protect your home, savings, and other assets while still qualifying.

Medicaid planning should be done in advance (5+ years before care). Advance planning provides more protection options.

When you apply for Medicaid, they review all financial transactions for the previous 60 months (5 years). Any transfers of assets for less than fair market value during this period create penalties that delay Medicaid eligibility.

For example: If you gave your child $150,000 three years ago and now apply for Medicaid, you'll face a penalty period (typically 10 months at NY rates) where you're ineligible for Medicaid and must pay privately.

This is why advance planning is so valuable—assets transferred more than 5 years before application are fully protected.

No. This is one of the most common misconceptions. Medicare does NOT pay for long-term nursing home care. Medicare only covers short-term rehabilitation in a skilled nursing facility after a hospital stay (up to 100 days maximum, and only if criteria are met).

Medicare does not cover "custodial care"—the ongoing daily assistance most nursing home residents need. Medicaid is the primary payer for long-term nursing home care and home based services in New York.

A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust designed to protect assets from Medicaid's asset limits while still allowing you to benefit from the assets during your lifetime.

How it works:

• You transfer assets (typically your home) to an irrevocable trust
• You can continue living in the home and receiving income from trust assets
• After 5 years, assets are protected and won't count toward Medicaid eligibility
• Assets pass to beneficiaries without Medicaid estate recovery

Critical requirement: Must be established at least 5 years before applying for Medicaid due to the lookback period.

Elder law attorneys can still help in crisis situations. "Crisis Medicaid planning" strategies exist even when care is needed immediately:

• Protecting assets for healthy spouse (extensive protections available)
• Exempt transfers that don't create penalties
• Strategic spend-down of assets on exempt purchases
• Promissory notes and Medicaid-compliant annuities
• Spousal refusal in some cases

While crisis planning provides fewer options than advance planning, significant asset protection is often still possible.