If your aunt is going to have to stay in the nursing home you should apply for medicaid. If she has no assets you do not need an attorney to apply. If she has assets you may want to consult an elder law attorney before you apply to see if you can turn those assets into exempt assets and save them for your aunt.

If, as you say, she is out of money, then you might be able to apply for Medicaid without any need to see a lawyer. As a general matter, though, it might be a better idea to talk to a lawyer if only to make sure that nothing happened in the years preceding your aunt's nursing home stay that would disqualify her for Medicaid. An example of something problematic would be if she gave gifts to anyone within the years before applying for Medicaid. The laws for Medicaid vary based on your state, and so I can't really be any more specific, but at least running the issue by a lawyer would be easy, cost-effective, and good for your peace of mind.

You should consult with an elder law attorney in New York to discuss appropriate spenddown before application for Medicaid, which may include a personal service contract to compensate you for the services you are providing to your aunt pursuant to the POA.