Qualifying for Medicaid in New York to pay for nursing home expenses is tough. With the 60 month look back, rules on what is considered an allowed resource vs. not allowed resource, rules for the spouse and New York's Medicaid Estate Recovery program there are many ways families can be penalized. There are very few law firms in New York that know how to help families qualify for Medicaid while maximizing assets left behind.
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One firm that specializes in helping families with this issue is Alatsas Law Firm. Below are some frequently asked questions that are answered by Alatsas Law Firm.
Why is it important to hire a good Elder Law Firm in NYC?
When someone is going to need a nursing home you want to make sure you have an attorney that knows what they are doing. Nursing homes in New York can cost upwards of $15,000 - $20,000 a month. You are not going to have Medicare covering that for an extended amount of time. Medicaid is your last resort and its very difficult to qualify for. As of 2024 a nursing home applicant can only have $30,182.00 in countable resources to qualify. Having an attorney that knows how to get your assets down to the allowed limit while keeping as much as possible in exempt resources is what you are looking for.
What type of experience should I look for?
There are several things you should look for in an Elder Law Attorney in NYC:
- An attorney that knows the ins and outs of New York Medicaid Law.
- Knowledge on creating Trusts that will help you protect your assets from Medicaid. A Medicaid Asset Protection Trust will allow your home and assets to not be counted towards Medicaid eligibility after the look back period of 60 months. Living Trusts will not help you with Medicaid.
- Ability to assist families that did not plan ahead. Using tools such as Medicaid compliant annuities and spousal transfers can help families that need to qualify for Medicaid now.
- Knowledge on filling out Medicaid Applications. If you or a loved one needs to file for Medicaid you want to make sure you have an attorney that knows what to do. They should also be able to help if you receive a Fair Hearing and need an attorney to represent you.
How does Alatsas Law Firm fulfill these qualities?
Alatsas Law Firm provides all of the above. We will work with you to create a plan that helps you qualify for Medicaid and maximize your assets that are left for your family. Whether you want to plan ahead with Trusts or if you did not have time to plan we can assist you. We will help you fill out your Medicaid Application and make sure you are not hit with any unnecessary penalties. If you do get a denial or hit with a penalty period we will fight for you. Our attorneys know how Medicaid works in New York and will make sure your family is protected.
Can I qualify for Medicaid and keep my house?
Yes! Having a house does not mean you cannot qualify for Medicaid. There are certain circumstances where your home will not be counted as a resource. For nursing home Medicaid if your spouse or child that is taking care of you lives in your house it will not be counted. If you are a single person in a nursing home your home can be exempt but there are less exemptions available to you and New York will try to take your home through the estate. Placing your home in a Medicaid Asset Protection Trust will keep your home from being counted towards Medicaid and taken from your estate. If you are looking to qualify for Medicaid at home your home will not be counted no matter how much its worth.
What if I did not plan ahead and need help?
Planning ahead is always better but if you did not have the opportunity to do so there are steps you can take to qualify for Medicaid now. Alatsas Law Firm can help you qualify for Medicaid even if you did not have time to plan ahead. We have helped many families that found themselves in this situation and got them qualified for Medicaid.
Why is the 5 Year Look Back so harmful?
The look back period allows the state to see what you have been doing with your money for the past 5 years. If you have given away assets that fall under the look back you could be hit with a penalty period that will not allow you to qualify for Medicaid for a period of time. New York does not have a look back period for Medicaid at home. So if you want to qualify for Medicaid to pay for services at home you will not be hit with a look back.
Do I need an attorney to file for Medicaid?
You do not have to have an attorney to file for Medicaid. But having one that knows what they are doing can save you time and money in the long run. If you have assets that need to be transferred to qualify for Medicaid or if you want to maximize your assets that you leave behind it is best to speak with an attorney that knows Medicaid law.
What should I bring to my consultation?
You should bring any documents that may be helpful to your case. Bank statements, deeds to any property you own, trusts/wills that may already be in place, any gifts you have given away within the last 5 years. Medicare cards and any other insurance you may have. Anything you think may be helpful to your situation. You do not need to have all of these to schedule a consultation with us but it is always helpful to have as much information as you can.
What can I expect from Alatsas Law Firm?
We will create a plan that will allow you to qualify for Medicaid and leave as many assets as possible for your family. We will help you with your application and if anything happens we will be there to represent you.
How can I contact Alatsas Law Firm?
If you or a loved one need to speak with an attorney about Medicaid please contact us today. The sooner you speak with us the better we can help you.
