Choosing an Attorney Wisely May Help You Gain Access to the Best Quality Care
How can an Elder Law firm help you get better care? There are two chief reasons why the right firm is important. First, if you or a loved one needs nursing home care, or home care, an experienced Elder Law firm will be able to help you select an appropriate nursing home, or a high […]
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We Recommend a Health Care Proxy Rather Than a Living Will
A Health Care Proxy is a legal document that authorizes an agent of your choice to make medical and health care decisions for you, if you become unable to make them yourself. These can include end-of-life decisions. It is important to choose as your agent someone you trust, who understands you and your beliefs and […]
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New York May Be the Best Place to Receive Long-Term Care
If you need long-term care, and are worried that the cost will be financially disastrous, you should be aware that where you live will affect the services and financial assistance available to you. New York State is among the most generous states with regard to Medicaid and assistance with the cost of long-term care. Medicaid […]
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Caregiver Agreements Can Help Keep Your Money Working Toward Your Quality of Life
A Caregiver Agreement is a contract between an individual who needs support services and the party who is to provide these services. The caregiver might be a family member, or it could be a professional, such as a geriatric care manager or a home care agency. Caregiver Agreements can be very helpful in Elder Law […]
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Private Annuities Can Be Used to Minimize the Medicaid Penalty Period
When applying for Medicaid coverage for nursing home care in the State of New York, it is important to be aware that Medicaid has a five year “look back” period, which requires you to disclose all of your financial or property transactions during the five years preceding the date of your Medicaid application. If you […]
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Private Annuities Can Be Used to Minimize the Medicaid Penalty Period
When applying for Medicaid coverage for nursing home care in the State of New York, it is important to be aware that Medicaid has a five year “look back” period, which requires you to disclose all of your financial or property transactions during the five years preceding the date of your Medicaid application. If you […]
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Help Provide for your Disabled Loved One with a Third Party Supplemental Needs Trust
If you are disabled and a friend or family member wants to help provide for your care without endangering your Medicaid or SSI benefits, how can they help? The answer here is usually a Third Party Supplemental Needs Trust. The person providing the assets would put them directly into the trust, rather than transferring them […]
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Designating a Trustee is an Important Decision
In order for a trust to protect your assets from Medicaid, that trust must be irrevocable. Once the trust is funded, you no longer own or have control over the assets that are in the trust. As part of setting up your trust, you will need to appoint a trustee to manage the trust and […]
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Different Situations will Dictate Different Approaches to your 401k or IRA
If you are in need of long-term care and are receiving or plan to receive New York Medicaid assistance, Medicaid will consider your 401k or IRA assets to be an available source of money to pay for your care, unless the account is in “payout status.” Payout status means that you are at least taking […]
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A Trust Is Often the Best Way to Keep Your Home
Trusts are legal structures often used by Elder Law attorneys to preserve income or assets that you would otherwise be forced to spend on your care. Trusts can be an excellent way to protect your home and preserve your equity from being exposed to Medicaid liens when you no longer live there, or estate recovery. […]
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