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…
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…
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…
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…
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…
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…
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 New York State Education Department has instituted a requirement that, “[b]eginning January 1, 2015, each Licensed Master Social Worker (LMSW) and Licensed Clinical Social Worker (LCSW) must complete 36 hours of approved continuing education courses for each triennial registration…
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…
Many people think that they can save money by preparing their own Medicaid application, or having a family member complete it. Additionally, there is a growing industry of independent paralegals, social workers, and geriatric care managers, who have gone into…