Frequently Asked Questions

Elder law is a specialized area of legal practice that focuses on the needs of older adults and their families. It covers a broad range of legal matters including Medicaid and long-term care planning, estate planning, guardianship, retirement planning, and protection against elder abuse. An elder law attorney helps clients navigate the complex legal and financial issues that arise as they age, ensuring they have the plans in place to protect their assets and receive the care they need.

Medicare is a federal health insurance program primarily for people age 65 and older, as well as certain younger people with disabilities. It covers hospital stays, doctor visits, and some medical services, but does NOT cover long-term custodial care in a nursing home beyond a limited period. Medicaid, on the other hand, is a joint federal-state program for individuals with limited income and assets. Medicaid DOES cover long-term nursing home care, which is why Medicaid planning — structuring your finances to qualify while protecting assets — is so important.

To qualify for Medicaid long-term care in New York, an applicant must meet both income and asset limits. As of 2025, a Medicaid applicant in a nursing home may retain limited personal assets (approximately $30,182) plus their home (subject to equity limits), one vehicle, and certain other exempt assets. Income rules also apply. Eligibility rules are complex and change periodically. Because New York has a 5-year "look-back" period for gifts and transfers, early planning is critical.

Yes. New York law provides significant protections for the "community spouse" (the spouse who remains at home) when the other spouse applies for Medicaid to cover nursing home costs. The community spouse may keep the house, one vehicle, certain retirement accounts, and a portion of other assets called the Community Spouse Resource Allowance (CSRA), up to a maximum set annually. The community spouse is also entitled to a Minimum Monthly Maintenance Needs Allowance (MMMNA) for living expenses. Proper planning can maximize these protections.

A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust designed to hold assets outside of your taxable estate for Medicaid purposes. Assets transferred to a MAPT are no longer counted as yours for Medicaid eligibility — but because of the 5-year look-back rule, the trust must be established at least 5 years before you apply for Medicaid. You can continue to receive income from trust assets and live in a home held by the trust during your lifetime. A MAPT is one of the most powerful tools for protecting your life savings.