Elder Law & Medicaid Planning Attorney Serving Long Island, Queens and Brooklyn

2026 Medicaid income and resource limits: NY DOH GIS 26 MA/05. Look-back status: not currently in effect for Community Medicaid home care.

Who We Help

Most families come to us at one of three points:

• Planning ahead. Your parent is healthy now. You want to protect their savings and the home in case they need long-term care later.
• Care is needed now. A parent needs a home health aide, or a hospital or rehab is pushing for a discharge. Someone has told the family there are “too many assets” for Medicaid.
• After a loss. A loved one has passed, and someone needs to probate the will or administer the estate.

We serve families on Long Island (Nassau and Suffolk) and in Queens, Brooklyn, Manhattan, Staten Island and Westchester.

Medicaid Home Care and Community Medicaid Planning

Most families want a parent to stay at home for as long as it is safe. In New York, Medicaid can pay for home care through “Community Medicaid.” That includes personal care aides and consumer-directed care.

To qualify, your parent must meet Medicaid’s financial rules. In 2026, a single applicant’s countable income limit is $1,836 per month and the resource limit is $33,038. Your parent must also be assessed as needing enough help with activities of daily living (ADLs) such as bathing, dressing, toileting and moving around the home.

We look at income and assets and walk you through the ways to meet the limits. We also help you avoid common mistakes, like giving money to children or adding names to accounts before getting advice. We can prepare and file the New York Medicaid application for you. Or we can guide you through it from start to finish. When it fits your situation, we use planning tools such as pooled income trusts, irrevocable Medicaid trusts, and permitted asset transfers. Read more about Medicaid planning.

Nursing Home Medicaid and Crisis Planning

A Medicaid “crisis” is when a loved one is already in a nursing home, or about to enter one, and the family has been told there are too many assets to qualify. Even then, planning can often protect part of a family’s savings. Please talk with an elder law attorney before you transfer assets or sign facility paperwork. Nursing home care on Long Island and in New York City can cost about $15,000 per month.

Irrevocable Medicaid Asset Protection Trusts

An irrevocable Medicaid trust can keep a home and savings from being counted for Medicaid. It has to be set up early enough and drafted correctly. You give up direct ownership of what you put in the trust. Depending on how the trust is drafted, you can keep the right to live in your home and receive income.

Timing matters. Transfers to the trust are subject to Medicaid’s 60-month (five-year) look-back for nursing home care, so the earlier a trust is set up, the better. We design and draft these trusts for clients in Queens, Brooklyn, Manhattan, Staten Island, Nassau, Suffolk and Westchester.

Pooled Income Trusts

Many seniors and people with disabilities have income just over the Community Medicaid limit. A pooled income trust can help. It is run by a nonprofit organization. Each month, you deposit your “surplus” income into the trust. The trust then pays your bills, such as rent, utilities and other household costs. This can let you qualify for Medicaid home care while your income still covers your expenses. We help set up the trust account and coordinate it with your Medicaid application.

Special Needs and Supplemental Needs Planning

If you have a child or family member with a disability, a correctly drafted special needs trust (also called a supplemental needs trust) can provide for them after you are gone. It can do this without cutting off government benefits such as Medicaid and SSI. We also help parents of a child with special needs who is turning 18 decide whether guardianship is needed. We coordinate public benefits with private resources so your loved one can be cared for over the long term. Read more about special needs planning.

Wills, Powers of Attorney, Health Care Proxies, Living Wills and HIPAA Authorizations

Every adult should have a will, a durable power of attorney, a health care proxy, a living will and a HIPAA authorization:

• A power of attorney lets someone you trust handle your finances. When it is written with Medicaid planning in mind, your agent can take protective steps if you later become unable to act.
• A health care proxy names the person who makes medical decisions for you if you cannot.
• A living will puts your wishes about end-of-life treatment in writing.
• A HIPAA authorization lets the people you choose talk to your doctors and get your medical information.

Without these documents, your family may have to go to court for a guardianship. We explain each document in plain English and make sure it says what you want. Read more about wills and trusts.

Guardianship

Sometimes a person can no longer manage their own affairs and has no valid power of attorney or health care proxy. Then a court may need to appoint a guardian. We represent families in guardianship cases. That includes contested cases and cases to remove a guardian who has acted improperly.

Probate and Estate Administration

When a loved one passes, we handle probate of the will in the Surrogate’s Court, or administration if there is no will. We do this in Queens, Kings (Brooklyn), New York (Manhattan), Richmond (Staten Island), Nassau, Suffolk and Westchester Counties. We take care of the court filings, notices to family members, creditor claims and distribution of assets. Elisha’s background in accounting and tax helps executors with the financial side. Read more about probate.

Why Families Choose Wellerstein Law Group

• You speak to an attorney. When you call, you reach an attorney.
• Free consultations. Your first consultation is free, with no pressure.
• By appointment, with set hours. We are open Monday to Friday, 9 AM to 5 PM. All offices see clients by appointment only, with no walk-ins, so an attorney is ready for you when you arrive.
• We come to you. We make home visits. We will meet you at your home, your workplace, or a care facility.
• Four offices on Long Island and in NYC: West Hempstead (Nassau), Bohemia (Suffolk), Maspeth (Queens), and Brooklyn.
• Legal and financial background. Founding principal Elisha Wellerstein worked as an accountant and business consultant before practicing law. He brings both legal and tax knowledge to your plan.
• Plain English. We explain your situation in everyday words, not legal jargon.
• Community education. Elisha heads the firm’s seminar division. He gives talks on elder law and estate planning basics for community groups.
• Client reviews. Elisha Wellerstein has a 10.0 Avvo Rating and a 5.0 average from 54 client reviews (Avvo and Lawyers.com combined, as of October 2026), and he received the Avvo Clients’ Choice Award in 2019.
• See the Avvo profile
• Admitted in 2013. Elisha Wellerstein was admitted to the New York bar in 2013.
• NYSBA member. Elisha Wellerstein is a member of the New York State Bar Association (NYSBA).

Our Offices

Phone: (718) 473-0699 · (516) 385-4701 · Fax: (516) 224-7280 · Email: info@wellersteinlawgroup.com
Hours: Monday to Friday, 9 AM to 5 PM. All offices are by appointment only. No walk-ins. Please call to schedule.

Frequently Asked Questions About Elder Law in New York

How do I qualify for Medicaid home care in New York?

To get Medicaid home care in New York, you must be financially eligible for Medicaid. In 2026, a single person’s countable income limit is $1,836 per month and the resource limit is $33,038. You must also be assessed by the New York Independent Assessor Program (NYIAP) as needing at least limited assistance with physical maneuvering with more than two activities of daily living (ADLs), such as bathing, dressing or toileting. For someone with a dementia or Alzheimer’s diagnosis, the requirement is at least supervision with more than one ADL. If your income is over the limit, a pooled income trust can often help. An elder law attorney can review your finances before you apply.

Do I need a Medicaid trust in New York?

No. You do not need a trust to qualify for New York Medicaid. But an irrevocable Medicaid asset protection trust can protect your home and savings if you set it up well before you need care. Transfers to the trust are subject to a 60-month (five-year) look-back for nursing home Medicaid. A 30-month look-back for home care (Community) Medicaid is not currently in effect in New York. A revocable living trust does not protect assets from Medicaid. Whether a trust makes sense depends on your health, your assets and your timeline.

How do I set up a special needs trust for my child in New York?

Most parents set up a third-party supplemental needs trust. It is funded with the parents’ own money, life insurance or inheritance, so the child can benefit without losing Medicaid or SSI. Usually no Medicaid payback is required from what is left when the child dies. You choose a trustee, have an attorney draft the trust to meet New York law, and then name the trust (not your child directly) in your will, life insurance and retirement account beneficiary designations. If the money belongs to the child, for example from a lawsuit settlement or inheritance, a different first-party trust with a Medicaid payback is generally used.

What happens if someone dies without a will in New York?

If someone dies without a will in New York, they die intestate, and state law decides who inherits their probate assets. A surviving spouse with no children inherits everything. With a spouse and children, the spouse receives the first $50,000 plus half of the rest, and the children share the remainder. A family member must ask the Surrogate’s Court to be appointed administrator before they can collect and distribute the estate.

What is the difference between a power of attorney and a health care proxy in New York?

In New York, these are two separate documents. A power of attorney names an agent to handle your finances and property, such as banking, real estate and Medicaid planning, if you cannot. A health care proxy names an agent to make medical decisions for you if you lose the ability to decide for yourself. Signing both while you are healthy can spare your family from having to go to court for a guardianship.

How do I probate a will in Nassau County?

If the person lived in Nassau County, the will is probated in the Nassau County Surrogate’s Court at 262 Old Country Road in Mineola. The executor files a probate petition with the original will, a certified death certificate and the filing fee. The executor must also notify close family members, who can sign waivers or be served with a citation. Attorneys must e-file probate cases in Nassau through the court’s NYSCEF system, and the original will must still be delivered to the court. Once the court approves the will, it issues Letters Testamentary, which give the executor authority to collect assets, pay debts and distribute the estate.