Medicaid Planning Attorney for NYC, Long Island & Westchester

What does a Medicaid planning lawyer do?

A Medicaid planning lawyer looks at your income and assets, figures out which Medicaid program fits your situation, and helps you apply the right way so you can avoid costly mistakes. Medicaid planning is one part of elder law, and it’s a big part of what our team of experienced professionals does every day.

Here’s what the work usually looks like:

• Going over bank accounts, investments, property, income and insurance to see where you stand today.
• Choosing between home care (community) Medicaid and nursing home (institutional) Medicaid, or planning for both.
• Planning any transfers of money or property so they follow the rules.
• Gathering your documents, preparing and filing the Medicaid application, and answering any follow-up requests from the Medicaid office.
• Preparing or updating a power of attorney and health care proxy, so a family member you trust can act when needed.

When you call us, you talk with an attorney.

Is it too late? Crisis planning vs. planning ahead

Often it’s not too late to protect something, even if your parent needs care right now. What we can do depends on your family’s situation and timing, so the most important step is to talk to us before you move any money.

If your parent needs care now (crisis planning)

Maybe your parent is in the hospital or rehab. Maybe they need a nursing home or full-time aides, or their savings are being used up to pay for care. In these cases we move quickly. We check eligibility, look at lawful ways to spend down, use the protections the law gives a spouse who still lives at home, and get the application filed. Depending on the facts, some tools may help. These include spousal refusal, a Medicaid-compliant annuity, transfers the law allows (for example, to a caregiver child), or a pooled income trust. Every case is different. We’ll explain your real options in plain language.

If you’re planning ahead (pre-planning)

Planning works best while the person is healthy and can still make decisions. The sooner you plan, the more options you usually have. That’s because nursing home Medicaid looks back at transfers made in the last five years. Common tools include an irrevocable Medicaid asset protection trust, an updated power of attorney that allows gifting, a health care proxy, and a will. You can read more on our Estate Planning and Wills & Trusts pages.

Talk to us before you move any money → or call (718) 473-0699.

Home care Medicaid vs. nursing home Medicaid in New York

New York has two main kinds of Medicaid for long-term care: community Medicaid (Medicaid for home care) and institutional Medicaid (Medicaid for nursing home care). Both have income and asset rules, but they work differently. Families can often still qualify for home care Medicaid fairly quickly. Nursing home Medicaid has a five-year look-back.

2026 figures from the New York State Department of Health. They change every January.

To get Medicaid home care, a person must also meet a minimum level of need. Since September 1, 2025, most new applicants must need help with more than two activities of daily living (ADLs), such as bathing or dressing. For a person with dementia or Alzheimer’s, the rule is needing supervision with more than one ADL. (NYS Department of Health)

Not sure which program fits? Ask us in a free consultation →

How can we protect the house and savings?

In many cases, careful and lawful planning can protect a large part of the home and savings. The right tools depend on your timing, health, and family situation.

Medicaid asset protection trust. This is an irrevocable trust. You can usually keep living in your home and get income from the trust. Once the look-back period has passed, assets in the trust generally no longer count for Medicaid. A trust can also help your family avoid probate.

Protections for a spouse. In 2026, the spouse who stays at home can keep between $74,820 and $162,660 in resources. That spouse can also have income of up to $4,066.50 a month.

Transfers the law allows. Some transfers don’t cause a penalty. Examples include certain transfers to a spouse or to a blind or disabled child, and a transfer of the home to a child who lived there and provided care. If someone in your family has special needs, see our Special Needs Planning page.

Other tools. A pooled income trust, an updated power of attorney with gifting powers, and careful spend-down choices can also help.

The home. The home is often protected while you or your spouse live there. For 2026, the home equity limit in New York is $1,130,000. New York can seek repayment from a Medicaid recipient’s estate after death, so planning matters if you want to leave your home to your heirs.

What is the Medicaid look-back period?

The look-back period is the time before an application when Medicaid reviews gifts and other transfers. For nursing home Medicaid in New York, the look-back is 60 months (five years). Gifts made in that window can cause a penalty period with no Medicaid coverage. New York’s 30-month look-back for home care (community) Medicaid is not currently in effect. The rules can change, so talk to us before you give money or property away.

Last reviewed: October 6, 2026.

What happens at a free consultation (and can you come to us)?

Your first consultation is free. You talk directly with an attorney. We listen to what’s going on, explain your options in plain language, and tell you what the next steps would be. There’s no pressure to decide anything that day.

If you can’t come to us, we’ll come to you. We make home visits, and we can meet at a hospital, rehab center, or nursing home. Family members are welcome to join.

If you can, it helps to have these ready:

• A list of bank and investment accounts, plus recent statements
• The deed to the home
• Life insurance policies
• Any existing will, power of attorney, or health care proxy
• A short list of the care needed right now

Book a free consultationor call(718) 473-0699

Medicaid planning in Queens, Brooklyn, Manhattan, Staten Island, Long Island and Westchester

We help families across Queens, Brooklyn, Manhattan, Staten Island, Nassau, Suffolk and Westchester. You can meet us at any of our four offices by appointment, or we can come to you.

• Nassau: 380 Hempstead Ave
  West Hempstead, NY 11552
• Queens: 60-45 Eliot Ave
  Maspeth, NY 11378
• Brooklyn: 2365 Nostrand Ave
  Brooklyn, NY 11210
• Suffolk: 80 Orville Drive
  Bohemia, NY 11716

One phone number for all offices: (718) 473-0699.

In Manhattan, Staten Island and Westchester, we’ll come to you at home, or at a hospital, rehab center or nursing home.

Frequently asked questions

What does a Medicaid lawyer do?

A Medicaid lawyer helps you qualify for Medicaid long-term care while protecting as much as the law allows. We review income and assets, pick the right program (home care or nursing home), plan any transfers lawfully, prepare and file the application, and answer the Medicaid office’s questions. We also prepare a power of attorney and health care proxy. You can do it alone, but small mistakes with transfers or paperwork can cause delays or penalties. We can’t promise a result. We can help you avoid common mistakes.

Do you offer a free consultation for Medicaid planning in NYC?

Yes. Your first consultation is free. You talk directly with an attorney, who will listen to your situation and explain your options and next steps. We can meet at one of our offices, by phone, at your home, or at a hospital, rehab center or nursing home. If you can, have these ready: a list of accounts, recent statements, the deed, insurance policies, and any existing will or power of attorney. Call (718) 473-0699 or request a consultation.

Is there a Medicaid planning attorney near me in Queens, Brooklyn, Manhattan or Staten Island?

Yes. We have one office in Maspeth, Queens (60-45 Eliot Ave) and one in Brooklyn (2365 Nostrand Ave, Brooklyn, NY 11210). Meetings are by appointment. If travel is hard for you or your parent, we make home visits. We can also meet at a hospital, rehab center, or nursing home. We also serve families in Manhattan and Staten Island. There, we can meet you at home, at a hospital, rehab center or nursing home, or by phone.

Do you help with Medicaid on Long Island and in Westchester?

Yes. Our Nassau office is in West Hempstead, and our Suffolk office is in Bohemia. We help Long Island families with home care Medicaid and nursing home Medicaid, whether you’re in a crisis or planning ahead. We also serve families in Westchester. Wherever you live, we make home visits, and we can meet at a hospital, rehab center or nursing home.

Is it too late to plan if my parent already needs care?

Often, no. Even when a parent needs care now, there are often still lawful ways to protect some savings or the home and to get Medicaid in place. The options depend on timing, your family’s situation, and the type of care. The most important thing is to act quickly. Don’t move or give away money before you talk to a lawyer.

What’s the difference between an elder law attorney and a Medicaid planning attorney?

Medicaid planning is a core part of elder law. Elder law also covers guardianship, powers of attorney, health care proxies, and special needs planning. We handle Medicaid planning alongside these related areas, so all the pieces of your plan fit together. Learn more on our Elder Law page.

Can my parent get Medicaid for home care instead of a nursing home?

Yes, in many cases. Community Medicaid can pay for aides at home if your parent meets both the financial rules and the medical rules. Since September 1, 2025, most new applicants must need help with more than two activities of daily living. For a person with dementia or Alzheimer’s, the rule is supervision with more than one.

Will Medicaid take my parent’s house?

Not usually while your parent or a spouse lives there; the home is often protected during that time. But New York can seek repayment from a Medicaid recipient’s estate after death, so planning matters if you want to leave the home to your children. Options can include a Medicaid asset protection trust or a transfer the law allows, such as to a child who lived in the home and provided care.