Elder law Lawyer
Practice Areas: Elder Law, Estate Planning
The purpose of an Article 81 discovery and turnover proceeding is to recover assets taken from an incapacitated person. The threshold question in an Article 81 Guardianship is whether there is a need...
See Full GuideArticle 81 of New York’s Mental Hygiene Law allows a court to appoint a guardian to manage the personal and/or financial affairs of an individual deemed incapacitated. Guardianship Proceeding The cour...
See Full GuideChronic Medicaid is a needs-based benefit that will cover room and board in a nursing home. When an individual is approved for Chronic Medicaid, the local Department of Social Services (DSS) determine...
See Full GuideMedicaid will pay the long-term care needs for individuals who meet certain income and asset criteria. This means that Medicaid will pay the high cost of home care or nursing home care for seniors. Si...
See Full GuideWhen someone receives Medicaid benefits in a nursing facility, the monthly income goes to the facility. This offsets the cost of care paid by Medicaid. When someone is discharged home, the income allo...
See Full GuideGiven the changes to Community Medicaid, there are still a few unknowns regarding how New York State will handle certain issues. In April 2020, the State passed a new thirty-month lookback for all Com...
See Full GuideA guardianship proceeding is commenced under Article 81 of New York State Mental Hygiene Law. The purpose of the proceeding is to have a guardian appointed for a person who is deemed incapacitated and...
See Full GuideWhen both spouses need long term care, they can apply together for Community Medicaid provided that they qualify as a "dual applicant." As a couple applying for Community Medicaid, the spouses cannot ...
See Full GuideWhen someone enters a nursing facility for long term placement, there are several ways the Chronic Medicaid program can treat the primary residence. Usually the primary residence is a "countable asset...
See Full GuideGifting and Medicaid planning is commonly misunderstood. We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations. The IRS allows a person to gi...
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