Elder Law & Medicaid Planning

What Elder Law Covers

Elder law addresses the full range of legal issues that arise as people age. For most of my clients, the central concern is long-term care planning and Medicaid eligibility. But elder law also includes powers of attorney, healthcare proxies, guardianship, and the coordination of estate planning with public benefits programs.

Medicaid Planning

Medicaid is the primary payer of nursing home care in the United States. Qualifying for Medicaid while protecting your assets is possible, but the rules are complex and unforgiving. New York imposes a five-year look-back period on asset transfers, and mistakes made without legal guidance can result in lengthy periods of ineligibility at exactly the moment care is needed most.

I help clients and their families understand the rules and implement strategies that preserve assets legally, including Medicaid trusts, spousal protection planning, and asset repositioning. Every situation is different, and the right approach depends on your assets, your family structure, and how much time you have to plan.

Long-Term Care Options

Some clients have long-term care insurance. If you do, it is worth reviewing carefully before assuming it will cover what you need. Many policies carry high deductibles, limited benefit periods, or gaps that still leave families exposed. For clients without long-term care insurance, or those who cannot qualify due to age or health, Medicaid planning is often the most important step they can take.

Why Timing Matters

Medicaid planning is not something to do when a crisis arrives. The five-year look-back period means that transfers made today may not protect assets for years. Families who plan ahead have significantly more options. Those who wait until a loved one is already in a facility often find that their choices have narrowed considerably.

If you think this may be relevant to your situation, the right time to get advice is now.