Elder Law

Getting older sometimes means needing help with daily care, whether at home or in a nursing home, and that kind of care is expensive over time. Elder law planning helps New York seniors and their families prepare for that possibility while there is still time to make good decisions, rather than scrambling to sort it out during a health crisis.

Fisher Stone helps New York seniors and their families with elder law and Medicaid planning for a flat fee, quoted after a short, free consultation of about 15 minutes, before any work begins. A licensed New York attorney handles your plan from start to finish, reachable directly by call, email, or text. No call centers, no handoffs to junior staff.

What elder law covers

Elder law is the area of practice focused on the legal and financial issues that come with aging. For most families, that means planning for long-term care, understanding Medicaid, protecting assets within the rules, and putting the right documents in place before they are needed. It overlaps closely with the rest of estate planning, since a power of attorney, a health care proxy, and coordination with a will or trust are usually part of the same plan.

Fisher Stone’s elder law work most often includes Medicaid planning for nursing home or home care, the use of an irrevocable trust to protect assets within the rules, planning that protects a spouse who remains at home, and making sure powers of attorney and other estate documents work together with the rest of the plan. This work is part of our broader estate planning practice, and it also connects to probate and estate administration for the steps that follow a death. Every family’s situation is different, and an attorney reviews yours before recommending anything.

Planning for long-term care and Medicaid

Long-term care, such as a nursing home or in-home care, can be needed for a short recovery or for years, and the cost adds up quickly either way. Medicaid is the government program that can help pay for long-term care once someone qualifies, and for many families it becomes the main way long-term care actually gets paid for.

Medicaid has an asset limit, meaning you generally have to bring your countable assets under a certain threshold before you qualify. Medicaid also has a look-back period, during which the program reviews past transfers of money or property to see whether assets were given away or transferred for less than fair value in order to qualify. Both rules are specific and change from time to time, so we do not state exact figures here. An attorney reviews the current rules with you and explains exactly how they apply to your situation.

Because of the look-back period, Medicaid planning works best when it starts well before care is actually needed. That said, families who are already facing a care need still have options, covered further below.

Protecting assets within the rules

One of the main tools in Medicaid planning is the irrevocable Medicaid asset protection trust. Assets transferred into this kind of trust are no longer owned by you individually, so once the applicable look-back period has passed, they are generally no longer counted against Medicaid’s asset limit. The trust can be structured so you continue to receive income from the assets, even though you no longer control the principal directly.

Setting up this kind of trust means giving up direct control over the assets placed in it, which is why it is a decision to make deliberately, with an attorney, rather than on your own. Our trusts page explains how revocable and irrevocable trusts work more broadly, including how an irrevocable trust fits into Medicaid planning.

The role of powers of attorney in elder law

A power of attorney names someone you trust to handle your finances if you become unable to manage them yourself, and a health care proxy does the same for medical decisions. Both documents are usually part of an elder law plan, since aging can bring periods where you need someone else to act on your behalf, whether temporarily or long term.

Having these documents in place before they are needed means your family can act for you without going to court first. Without them, a family member may have to petition for guardianship, asking a judge to appoint someone to manage your finances or personal care. That process takes time and is a matter of public record, at a moment when your family is often already dealing with a health crisis. We coordinate your power of attorney, health care proxy, and any trust so the documents work together rather than as separate, disconnected pieces.

Advance planning vs crisis planning

Elder law planning works differently depending on when you start it. Advance planning, done before care is needed, gives you the most options, including more time for a trust to satisfy the look-back period and more flexibility in how assets are structured. Crisis planning, started after a parent or spouse already needs care, still has real options, including certain protections for a spouse who remains at home and strategies for handling a Medicaid application, but there are fewer choices available and less time to use them.

If a parent or family member already needs nursing home or home care, it is still worth talking with an attorney about what options remain. New York law includes protections for a spouse who continues living at home while the other spouse is in a nursing home, so that the at-home spouse is not left without resources. An attorney reviews the specific facts and timeline to see what is realistically available.