Planning That Protects What You've Built — and the People Who Depend on You

Long-term care costs, Medicaid rules, guardianship proceedings, and benefit eligibility requirements are among the most complex planning challenges families face. As an elder law attorney serving New York clients across Long Island, Manhattan, and New Jersey, we help individuals and families address these issues before a crisis forces the decision — and integrate that planning with the broader estate and wealth transfer strategy that protects everything they've spent a lifetime building.

Even lower-speed crashes can result in lasting injuries and insurance disputes over treatment or fault.

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Protecting Your Assets Before You Need Care

The most effective long-term care planning happens well before care is required. By the time a nursing home admission is imminent, many of the strategies that could have preserved a family's assets are no longer available. We work with clients who are approaching or in retirement to structure their assets in ways that reduce exposure to long-term care costs while preserving their ability to qualify for Medicaid when the time comes.

 

New York's Medicaid rules include a five-year look-back period for asset transfers, and the consequences of poorly timed or improperly structured transfers can be severe. We guide clients through the planning process with precision — identifying which assets are countable, which are exempt, and how to structure ownership and transfers in a way that holds up under scrutiny.

 

This work often intersects directly with estate and gift tax planning for clients whose estates are large enough that long-term care exposure is one piece of a larger wealth preservation picture.

What Elder Law Planning Covers

A complete elder law plan addresses more than Medicaid. We prepare the full range of documents and structures that ensure clients remain in control of their affairs — and that trusted individuals can act on their behalf if they cannot.

 

  • Durable Power of Attorney: Designates someone you trust to manage financial and legal matters if you become incapacitated, under terms you define in advance.
  • Healthcare Proxy and Living Will: Establishes who makes medical decisions on your behalf and documents the care preferences that guide those decisions.
  • Medicaid Planning: Structures assets and transfers to preserve eligibility while protecting the savings you've accumulated.
  • Long-Term Care Planning: Evaluates care cost exposure and coordinates planning strategies around insurance, asset positioning, and benefit eligibility.
  • Guardianship: When a loved one can no longer manage their own affairs and no prior planning is in place, we guide families through New York's guardianship process.

Special Needs Trusts: Providing Without Disqualifying

Parents and guardians of a child or adult with a disability face a planning challenge that most estate plans aren't built to address. Leaving assets directly to a beneficiary who receives Supplemental Security Income (SSI) or Medicaid can disqualify them from the benefits they rely on. A properly structured special needs trust — also called a supplemental needs trust — allows you to provide meaningfully for your loved one without affecting their eligibility.

 

New York recognizes several distinct trust structures, and the right choice depends on the source of the funds and the beneficiary's circumstances.


Third-Party Special Needs Trust

Funded with assets belonging to the parent, grandparent, or other family member — not the beneficiary. This is the most common structure used in estate planning. Assets held in a third-party trust are not counted toward the beneficiary's SSI or Medicaid eligibility, and there is no Medicaid payback requirement at the beneficiary's death.


First-Party Special Needs Trust

Funded with assets that belong to the beneficiary — often proceeds from a personal injury settlement or an inheritance received directly. First-party trusts preserve benefit eligibility but are subject to a Medicaid payback provision upon the beneficiary's death.


Pooled Special Needs Trust

Administered by a nonprofit organization, with individual sub-accounts for each beneficiary. Pooled trusts are often used when the trust corpus is modest or when an appropriate individual trustee is not available.

 

Every special needs trust we draft is tailored to the specific beneficiary — their diagnosis, their benefit structure, their daily needs, and the family's long-term intentions. We also address trustee succession as part of every plan, so the trust continues to function as intended after the original trustees are no longer able to serve.

Frequently Asked Questions

  • How do I protect my assets from nursing home costs in New York?
    New York's Medicaid program covers long-term nursing home care, but eligibility requires that countable assets fall below a defined threshold. Advance planning — ideally five or more years before care is needed — allows families to restructure asset ownership and make strategic transfers that reduce countable assets without triggering Medicaid's look-back penalties. The specific strategies available depend on your asset profile, your spouse's situation, and your timeline.
  • How does a special needs trust work in New York?
    A special needs trust holds assets for the benefit of a person with a disability without counting those assets toward SSI or Medicaid eligibility. The trustee manages distributions on the beneficiary's behalf, using trust funds to supplement — not replace — the government benefits the beneficiary receives. Distributions must be made carefully to avoid jeopardizing eligibility, which is why proper drafting and trustee guidance matter.
  • What is the difference between a first-party and third-party special needs trust?
    A third-party special needs trust is funded with someone else's assets — typically a parent's — and carries no Medicaid payback requirement. A first-party trust is funded with assets that belong to the beneficiary, often from a settlement or inheritance, and is subject to Medicaid reimbursement at the beneficiary's death. The distinction affects both how the trust is structured and how it interacts with public benefits.
  • When should I start elder law planning?
    The earlier, the better. Medicaid's five-year look-back period means that transfers made within five years of a Medicaid application can result in a period of ineligibility. Clients who plan in advance have far more options available to them than those who begin planning after a health crisis. Powers of attorney and healthcare directives should be in place well before they are needed — once incapacity occurs, the window for voluntary planning closes.