Long Island Medicaid Planning Attorney

While about a third of today’s 65-year-olds will never require long-term care, about 20 percent will need long-term care support for more than five years. Long-term-care planning should account for both the possible duration of care and the way it may be funded.

Activities of Daily Living

Although medical care is a significant part of long-term care, many adults may require assistance with activities of daily living. Activities of daily living are routine self-care tasks that can help families understand the type of support a loved one may need:

• Bathing and Grooming The ability to shower independently, groom, and maintain hygiene, such as shaving and brushing teeth
• Dressing The ability to get dressed, including opening and closing buttons, hooks, and zippers
• Eating The ability to eat independently
• Transferring The ability to walk and transfer between a bed and a chair
• Toileting The ability to take care of bathroom needs independently
• Continence The ability to control bladder and bowel function

Paying for Long-Term Care

One of the primary issues to consider when planning for long-term care is how care will be paid for. Medicare and private health insurance may cover limited services in defined circumstances, but Medicare isn’t a general source of ongoing custodial long-term-care funding. Medicaid planning can help families evaluate the rules that may apply to home and community-based services, managed long-term care, assisted living, or institutional nursing-home care.

Nassau and Suffolk County families often consider proximity to relatives, continuity with medical providers, the preferred care setting, and available support. State Medicaid rules govern eligibility, while local administrative processes may affect where an application is submitted and what additional information is requested.

Home care services are often provided by unpaid family members or paid through long-term-care insurance, personal funds, or Medicaid benefits for eligible individuals. The relevant payment options depend on the care setting, program requirements, and the person’s circumstances.

Determining how to afford long-term care can be daunting. Our elder-law attorneys can explain the planning process, review your circumstances, and discuss the options that may be available for your family.

Common Questions About Medicaid

Medicaid planning is legal planning related to long-term-care funding and asset-preservation questions. It can involve reviewing income, resources, anticipated care needs, prior transfers, and the type of Medicaid coverage a person may seek. A Medicaid planning attorney serving Long Island can explain how New York rules may apply to your circumstances.

Am I Eligible for Medicaid?

Eligibility depends on the applicant’s circumstances, the coverage sought, income, resources, household factors, and applicable transfer rules. Exceeding a general income or resource figure doesn’t answer every planning question, and a transfer doesn’t automatically protect assets. We can review the information relevant to your situation.

When Should Medicaid Planning Begin?

Planning can begin before care is needed or after an immediate need arises. Starting earlier may provide more time to compare care settings, organize records, and review lawful options, but urgent planning can still identify issues that require attention.

How Do Transfers Affect Medicaid Planning?

A transfer for less than fair market value may affect Medicaid eligibility or create a transfer penalty, depending on the care setting, timing, purpose, and applicable New York rules. For nursing-home Medicaid, New York uses a 60-month transfer look-back period.  Although a 30-month look-back period for home-care Medicaid was enacted in 2020, New York is not currently imposing that look-back. Nevertheless, individuals considering transfers should proceed carefully. Even if a transfer does not affect eligibility for home-care Medicaid, it could later create a penalty if nursing-home care becomes necessary within five years of the transfer.

Do I Have to Put All My Assets in Trust?

No. You can choose which assets, and how much of your assets, you want to protect in a  Medicaid asset protection trust while leaving other assets outside the trust and available for your use. The right balance depends on your individual needs, goals, and circumstances.

What Records May Be Needed for a New York Medicaid Application?

An application will require personal identification documentation, financial statements, tax records, property information, and depending on the coverage sought, documentation of prior transfers. Organizing these records can help identify missing information before or during the application process.

Is It Too Late to Seek Planning When a Loved One Already Needs Care?

Not necessarily. The available options depend on the person’s health, finances, family circumstances, prior transfers, and care setting. An individualized review can identify the crisis planning strategies, and planning opportunities relevant to an immediate need.