Elderly Woman and Nurse
Man in Nursing Home
Elderly Woman and Caregiver

ELDER LAW & MEDICAID PLANNING

As part of our comprehensive Life & Estate Planning services, we assist clients with the following Elder Law & Medicaid matters: 

  • Comprehensive Long-Term Care & Medicaid Planning

  • Strategies for Protecting Family Home & Financial Assets

  • Crisis Planning & Strategies for Establishing Medicaid Eligibility 

  • Preparation & Filing of Home Care Medicaid Applications  

  • Preparation & Filing of Nursing Home Medicaid Applications

  • Representation at Fair Hearings to Appeal Unfavorable Medicaid Decisions 

  • Legal Counsel Regarding Long-Term Care Insurance Policies

  • Hospital Discharge Planning & Nursing Home Admission Issues 

  • Coordinating with Social Workers and/or Geriatric Care Managers on Care Plans

  • Establishment of Pooled Trusts to Protect Income and/or Resources

  • Preparation of Home Protection Trusts to Protect the Family Home

  • Preparation of Medicaid Trusts to Protect Assets & Qualify for Medicaid

  • Protecting & Preserving Estates from Medicaid Claims 

WHY ENGAGE IN LONG-TERM CARE & MEDICAID PLANNING?

While Americans are living longer than ever before, longevity comes with a price.  Most of us will eventually require expensive long-term care.  We certainly don't want to alarm you, but consider the implications of the following facts:

  • At least 70% of people over the age of 65 will require long-term care at some point in their lives.

  • In the New York City metropolitan area, the average cost of nursing home care is over $13,400 per month, or more than $160,000 per year. 

  • In many cases, nursing home costs are considerably higher, and these costs are expected to continue rising in the future.

  • Most people are shocked when they learn that Medicare does NOT cover the costs of their long-term care.

  • When there is no Long-Term Care/Medicaid Plan in place, most families end up exhausting their life savings within two years of a family member entering a nursing home.

WHAT IS LONG-TERM CARE & MEDICAID PLANNING? 

Long-Term Care & Medicaid Planning (often referred to as "Elder Law") involves helping seniors and the people who love them plan for the legal, financial and emotional challenges that come with growing older.  In particular, this specialized area of law deals with the growing problem of how to pay for long-term care. 

Long-Term Care & Medicaid Planning is an important consideration for people who are currently healthy but wish to engage in advance planning so that they can ensure that: (1) their home and financial assets will be fully protected and, (2) they will be in a position to have Medicaid cover their expensive long-term care costs should they need long-term care at some point in the future.   

There are a number of proven legal tools and strategies (including Home Protection Trusts, Medicaid Qualifying Trusts, Pooled Trusts, etc.) that we could put to work on your behalf to accomplish this goal. We will work closely with you to create a comprehensive Long-Term Care/Medicaid Plan that will protect your home and life savings against the expensive cost of long-term care while, at the same time, ensuring that you will be able to receive the care you need.

WHEN IS THE BEST TIME TO ENGAGE IN MEDICAID PLANNING?

Early planning is the key to preserving your assets.  The earlier you take steps to engage in Long-Term Care Planning, the more planning options you will have available to you; and, ultimately, the more of your assets you will be able to preserve. This is an area where you could truly benefit from planning ahead and having "time on your side!" 

COPING WITH A MEDICAID CRISIS SITUATION

When a person has already entered a nursing home, or is expected to enter a nursing home in the very near future, and has been informed that he or she has too many assets to qualify for Medicaid benefits, it gives rise to what is known as a "Medicaid Crisis" situation.  Given the high cost of nursing home care ($160,000+ per year), the denial of Medicaid is indeed a financial crisis for all but the wealthiest families.

If you or someone you love is facing a Medicaid crisis situation, do not be discouraged.  Even if you have already been admitted into a nursing home, we may still be able to help you obtain Medicaid assistance without losing your home and your life savings. In such situations, is important to promptly contact us so that the appropriate action(s) may be taken to establish your eligibility for Medicaid benefits at soon as possible.  

DO YOU NEED AN EXPERIENCED ELDER LAW ATTORNEY FOR MEDICAID PLANNING?

The laws and regulations governing Medicaid eligibility are complicated and constantly changing.  Any misstep in the Medicaid application process could result in severe penalties and financial catastrophe. For example, if you have gifted financial assets to a family member or transferred or sold your home to a child for less than fair market value, it could result in a denial of Medicaid benefits for several months or even years.  In order to qualify for Medicaid, it's important to fully understand and carefully follow all the rules pertaining to Medicaid eligibility.

 

Also, it is important to recognize that, oftentimes, information provided by well-meaning family, friends, social workers and nursing home staff is outdated or inaccurate. When the stakes are so high, it's important to have up-to-date and accurate information. This is why it's important to seek advice from a knowledgeable and experienced Medicaid planning attorney.     

THE LAW OFFICES OF MICHAEL J. AMOROSO WILL GUIDE YOU THROUGH THE COMPLEX MEDICAID PROCESS

We understand the tremendous difficulties and emotional turmoil families experience when a loved one requires long-term care.  If you have a loved one that needs Medicaid benefits (for Home Care or Nursing Home Care), we have the knowledge and experience to represent you through the complex Medicaid process and alleviate the burden on you so you can focus on more important matters - properly caring for your loved one. 

If you have a loved one who requires Medicaid, or if you would just like to learn more about the benefits of Long-Term Care Planning, call us today at (914) 686-7272 to schedule a consultation so that we may sit down together to discuss your concerns and wishes.