Does Medicaid Pay for Assisted Living?

Generally, the answer to this question is “No”. However, Medicaid does have a program, aptly named the “Assisted Living Program” (or “ALP”) that does provide Medicaid coverage for an assisted living.  There are a number of facilities in New York, and about a half-dozen or so on Long Island, in the ALP program. Most assisted… Read More »

Applying for Community Medicaid – Part 1: What You’ll Need to Do

As the population ages and people are living longer than ever before, an increasing number of people find they need help at home.   Because the cost of paying for home care privately can be impossibly burdensome, many families choose instead to apply for Community  Medicaid (i.e. home care) to cover the cost. In order to… Read More »

Can a Family Caregiver Get Paid by Medicaid?

Yes, you can get paid through Medicaid as a Family Caregiver to your loved one through a program called “CDPAP” which means Consumer Directed Personal Assistance Program. This is a Medicaid-sponsored plan that empowers you to personally choose, evaluate and hire a friend or family member as your caregiver. Yes, you can get the care… Read More »

Tax Questions Answered: Do I Need to File a Tax Return for my Trust?

Question: I created an Irrevocable Medicaid Asset Protection Trust. Do I need to file a tax return for the trust? Answer: Appropriately named, a Medicaid Asset Protection Trust (“MAPT”) is a trust created to shield assets from Medicaid in order to preserve them for your family and generations to come. If properly drafted and funded,… Read More »

2019 Medicaid Levels Released

The New York State Department of Health recently issued General Information Statement (GIS) 18 MA/15 which sets forth several of the 2019 Medicaid figures.   Here are a few of them (as compared to 2018) – Minimum Monthly Maintenance Needs Allowance (“MMMNA”) – $3,160.60 ($3,090) Community Spouse Resource Allowance (“CSRA”) – $126,420 ($123,600) Resource limit… Read More »

Should You Disinherit a Family Member Because They are Receiving Some Kind of Government Benefits?

One of the most frustrating things as a Special Needs planning attorney is to have someone in my office doing planning and they tell me that they need to disinherit a family member because they are receiving some kind of government benefits.  Their mindset is that they are looking out for that loved one, but… Read More »

When is a gift not a gift?

As a planner, I sometimes hear things like: “I thought I could give my kids $10,000” “I’ll just sell my house to my children for $1” “Can I pay my grandson’s college tuition and not have to worry about Medicaid? “I will not give my daughter money to buy a car, I’ll just buy it… Read More »

Free Educational Elder Law Seminar in Long Beach

Join Us For An  Upcoming Seminar Keeping it Simple:  Elder Law 101™ – The Four “Must Have” Legal Documents – Planning for Long-Term Care (Medicaid) – How You Can Protect Your Residence – How to Protect Your Life Savings Thursday, June 14th  12:00 – 1:30 PM (Lunch will be served)   Billy’s Beach Café 222… Read More »