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ELDER LAW & MEDICAID

Planning for long-term care of elderly family members and loved ones can be an especially difficult process to navigate.  Medicaid has strict guidelines that must be followed to ensure that an individual receives the highest amount of coverage while experiencing the least amount of financial loss.  To qualify for Medicaid in New York, an individual must be 65 years or older, and be a disabled US citizen and/or qualified alien.  Their funds must also be spent down to a specific asset limit to be eligible for coverage.  From the first day of the month that an individual enters a nursing home facility, an assessment of assets is done, which includes a request by Medicaid for the individual’s last 60 months of financial statements, and a 5-year financial history.  Our office can help to make this process easier for you.  We have a team ready to assist with obtaining financial statements; walking families through a “spend-down process;” asset preservation; liquidation of life insurance policies, annuities and stocks; and submitting the necessary documents to the Department of Social Services, working closely with the caseworker to make sure that the process is moving forward.

 

We can also assist families with Guardianship/Conservatorship processes.  In New York State, a guardian is appointed by the court to manage the affairs of an adult who is unable to do so themselves, whether because of mental or physical impairment.  There are significant responsibilities associated with being appointed Guardian over an individual, and reports that must be filed with the court to make sure the Guardian fulfills his/her duties as mandated.  Our firm can work with you to ensure that all the requirements that you may have as Guardian are met, and that the court receives complete and proper paperwork, both in appointing the Guardian and in monitoring the affairs of the incapacitated individual you are charged with caring for.  Let us help you in making sure you are fully prepared to represent your loved one, whether it be as a Guardian of a Child, Guardian of an Incapacitated Adult, Guardian of a Developmentally Disable Person, or Guardian Ad Litem.