Elder Law And Medicaid Planning In New York
Many times a week I get the frantic call from a person informing me that a family member of theirs is in a NY nursing home or on their way into a NY nursing home and they are worried about how they will pay for the nursing home because that family member has assets or owns a home and they don’t know what to do and they are worried that the family’s assets will be lost on the high cost of care of the NY nursing home. Also, many times a week I get a frantic call from someone explaining that they have a family member who has been in the nursing home and they have to meet with or have met with the Financial Screener at the NY nursing home and have been asked about assets and how they the family will be paying for the high cost of the NY nursing home.
When that crisis situation arises, it is imperative to get the proper legal advice as soon as possible regarding NY Medicaid eligibility requirements.
This type of crisis situation calls for an experienced and well versed NY elder law attorney who is very familiar with the very complex NY Medicaid laws. The elder law lawyer would know exactly what to do and he or she would also be familiar with the local laws and regulations in the area. The Law Offices Of Michael Camporeale P.C. is well versed with NY elder law as well as estate planning. Our elder law lawyers are familiar with elder law and they can also help you with estate planning in New York. Whether it is elder law, probate, estate administration, estate litigation, Medicaid applications, wills and trusts, living trusts, special needs planning, elder abuse, or nursing home accidents you need help with in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY, just give us a call.
The financial stakes are very high. The average cost of a nursing home is approximately $15,000.00 a month in the New York City area and you are expected to pay for that care out of your own private assets including your home. Medical insurance or Medicare will not pay for NY nursing home care.
If you have a loved one in this situation and is in a NY nursing home or on their way into a NY nursing home and owns a home, or has other assets and they are located in Long island, Westchester, White Plains, Bronx, Queens, Staten Island, Brooklyn or Manhattan, call today to explore your legal Medicaid crisis planning options which may be available to you.
Get Proper Advice From A Medicaid Planning Attorney Prior To Making Decisions
The NY elder law attorneys at The Law Offices of Michael Camporeale can explain and discuss what legal options you may have to protect some or even all of your assets depending on the facts of your particular case.
Get the proper legal advice from the right NY elder law attorney. Don’t automatically assume that nothing can be done. Do not automatically follow the direction or advice given to you from the nursing home, or others as they may tell you that you need to spend down all the assets on the nursing home care in order to qualify for NY Medicaid and then Medicaid will start paying the NY nursing home.
Be very cautious of such advice. A nursing home’s only interest is getting paid and not protecting your family’s assets. They are not NY elder law attorneys who are versed or experienced in the legal Medicaid and asset protection options that you may have available to you under the NY Medicaid laws. You need the right NY elder law lawyer who understands the complex set of NY Medicaid law and how to implement such laws in a way to protect your family’s assets and have the Medicaid program pay the high cost of the NY nursing home care. You need the right NY elder law attorney who will be looking out for your family’s best interest. These cases are very fact specific to each type of case.
Therefore, a consultation is necessary with an experienced and well versed NY elder law attorney to flush out the facts to see if that individual is entitled to certain exemptions under NY Medicaid law. For example, if that person is married they may be entitled to spousal refusal or exempt transfers to a spouse or to a disabled child via a special Needs Trust in order to protect and shield all of the family assets; or maybe the deed transfer of a home with a life estate, or the drafting of a Promissory Note and gift plan might be an option to protect some of the assets by shortening the spend down penalty period.
Get your questions answered - call me for your free phone consultation (718) 475-9639
An Experienced New York Elder Law Attorney Can Properly Implement NY Medicaid Crisis Techniques
However, these NY Medicaid crisis techniques and options are all the practice of law and can only be done with a NY elder law attorney who is well versed and experienced in these types of cases.
The high stakes associated with the high cost of NY nursing home care dictates that you explore all of your legal options with the proper legal advice. These legal options, transfers of assets and drafting of deeds with life estate, drafting of Trusts and drafting of promissory notes are all the practice of law. This should only be done with the proper advice of a NY elder lawyer and you should never rely on the advice of a financial screener at a nursing home or any other non-NY elder law lawyer, social worker or other type of organization or person holding themselves out as someone who does Medicaid applications, or any other lawyer who is not an experienced NY elder law attorney who does not understand NY Medicaid law.
These non-lawyer individuals are not the right people to entrust your family assets and estate to. The goal of the Law Offices of Michael Camporeale is to preserve all or most of the assets of the estate, if at all possible, with the proper legal options available to you under the NY Medicaid law.
The NY elder law attorneys at The Law Offices of Michael Camporeale have been helping families qualify for Medicaid and preserve and protect their estate and assets from the high cost of nursing home care in the New York City metro areas of Westchester, Long Island, Brooklyn, Manhattan, Queens, Bronx and Staten Island for well over a decade.
The NY elder law attorneys at the Law Offices of Michael Camporeale, can help assist you with applying for and securing NY Medicaid. We will give you the appropriate guidance and legal advice to protect your private assets and provide you with the necessary legal strategies and techniques for transfers of assets, drafting and funding of the appropriate NY Medicaid asset protection trust, and promissory notes. We will also provide you with the appropriate legal advice in taking advantage of legal exemptions under the NY Medicaid laws and all other legal Medicaid techniques and strategies in order to protect your assets and qualify you for NY Medicaid benefits. Because we are experienced and well versed NY elder law and Medicaid planning attorneys we are the proper authority that can draft these necessary legal documents and provide you with the appropriate legal advice to implement these legal strategies along with the appropriate NY Medicaid application.
Securing New York Medicaid Estate Planning Benefits Is A Complex Process
It is not simply just drafting and filing a NY Medicaid application that secures Medicaid benefits and protects your private assets from a spend down. It is a complicated understanding of a complex set of NY Medicaid laws that only an experienced NY elder law attorney can help you with in order to preserve and protect your assets against a spend down so that your private assets including your home are not used to pay for your care and that NY Medicaid is used to pay for the high cost of long term care.
Be very suspicious and weary of offers by nursing homes or others who “prepare a Medicaid application” will free of charge or at a reduced rate. These individuals are not elder law lawyers who are well versed and experienced in protecting and preserving your assets.
These non-lawyers can’t advise you or implement the appropriate legal NY Medicaid strategies and techniques to deal with prior gifts, transfer penalties or advise you on how to shield, transfer and/or protect such assets; because they can’t draft the appropriate trust documents, promissory notes, deed conveyances with Life Estates and other legal documents, as these are all the practice of law which is prohibited and illegal by non-lawyers who don’t have the know how or expertise to draft and implement these legal strategies which all go beyond just “preparing a Medicaid application”; because it is the practice of law.
NY Elder law and NY Medicaid law has many nuances and intricacies that only an experienced and well versed NY elder law lawyer will know how to handle. In addition, as lawyers we have a duty of loyalty to look out for your best interests and to protect your assets and to advocate for you only. Obligations and requirements that NY nursing homes, and other non-lawyers don’t have to you.
Non-Attorneys Are Primarily Focused On Getting Paid And Not On Protecting Your Interests
These NY nursing home employees or agencies and other non-lawyers’ interest lie solely with getting themselves and their facility paid and not in protecting or preserving your assets. Many times, because they are not well versed in the practice of NY Medicaid law, because they are not NY elder law lawyers they will misinform you and give you the wrong advice, which will end up costing you hundreds of thousands of dollars by telling you that you have to private pay for your care and that you won’t qualify for Medicaid. Or you are not told or informed that you will be left with a tremendous lien and right of recovery against a spouse, the family home or the family’s estate at death for the cost of care after the fact which will end up costing your family hundreds of thousands of dollars. These non-lawyers, or agencies or nursing homes are not interested in and do not know how to protect your private assets, home or your estate.
The NY elder law attorneys at the Law Offices of Michael Camporeale, are there to qualify you and secure you the NY Medicaid benefits that you are legally entitled to and to protect and preserve your assets so that the high cost of your elder care needs is paid by Medicaid and not by your private assets so that your estate can have the proper transfer of wealth to the next generation and not spent on the catastrophic cost of your long term health care needs.
We have been successfully qualifying and securing individuals for NY Medicaid and protecting and preserving family assets including their home from the high cost of nursing home care for individuals in the New York City metro area, Long Island, Westchester, Bronx, Staten Island, Queens, Brooklyn, Manhattan, and White Plains for well over a decade.
For more information on Elder Law And Medicaid Planning In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 475-9639 today.
Get your questions answered - call me for your free phone consultation (718) 475-9639