Medicaid Planning Attorney
in New York & New Jersey
Protecting your family's savings from nursing home costs. Our elder law attorneys help NY and NJ families shield assets, navigate look-back periods, and secure long-term care — without spending down everything they've built.
Most calls answered immediately. Same-day scheduling available.
The Real Cost of No Medicaid Plan
New York nursing home care averages $14,000–$15,000 per month. Without a Medicaid plan, families must spend down nearly all savings before qualifying for assistance — and the window to act closes with every passing year.
At $14,000/month, a two-year nursing home stay can consume the bulk of a family's life savings. Without a plan, that burden falls entirely on your family.
Medicaid reviews 5 years of financial history. Gifts or asset transfers made too close to your application create penalty periods where Medicaid pays nothing. Timing is everything.
Without planning, Medicaid Estate Recovery (MERP) can claim your home after death. A surviving spouse also risks losing assets to nursing home bills. Proper planning protects both.
A Medicaid Asset Protection Trust (MAPT) must be established at least 60 months before a nursing home application (30 months for NY home care). Every month you wait narrows your options. Families who plan 3–5 years ahead preserve the most. Call today to find out where your family stands.
What Is Medicaid Planning?
Medicaid is a joint federal-state program that covers long-term care — nursing home care, home health aides, adult day programs — for individuals who meet strict financial requirements. For New York and New Jersey families, Medicaid can be a lifeline that allows loved ones to receive quality care without catastrophic out-of-pocket costs.
Qualifying requires careful asset management. Medicaid planning is the legal process of restructuring assets — within Medicaid's rules — so your family qualifies for benefits while protecting as much wealth as possible for a surviving spouse, children, or other heirs.
New York vs. New Jersey Medicaid Rules
New York applies a 30-month look-back for home and community-based services and a 60-month look-back for nursing facility care. New Jersey uses a 60-month look-back for all institutional long-term care. Asset limits, income limits, and spousal protections also differ by state. Our attorneys are licensed in both states and know exactly which rules apply to your family.
Strategies We Use
- Irrevocable Medicaid Asset Protection Trusts (MAPTs) — Transfer your home and assets into an irrevocable trust while keeping the right to live in the home and receive trust income.
- Community Spouse Planning — Protect the maximum allowable assets for the spouse who remains at home while the other receives care.
- Exempt Asset Conversions — Convert countable assets (cash, investments) into exempt assets (prepaid funeral, home improvements, vehicle).
- Caregiver Child Exception — A child who has lived with and cared for a parent for 2+ years may be able to receive the home without triggering a transfer penalty.
- Crisis Medicaid Planning — Even with a loved one already in a facility, strategies exist to protect a portion of remaining assets.
| Rule | New York | New Jersey |
|---|---|---|
| Single Asset Limit | ~$16,800 | $2,000 |
| Spouse Allowance | Up to $154,140 | Up to $154,140 |
| Home Exempt? | Yes (if occupied) | Yes (if occupied) |
| Home Care Look-Back | 30 months | 60 months |
| NH Look-Back | 60 months | 60 months |
| Estate Recovery | Yes (MERP) | Yes |
Rules change annually. Get a personalized assessment for your situation — free, no obligation.
Call 516-518-8586Our Medicaid Planning Process
Three clear steps from your first free call to a plan that protects your family.
We review your assets, income, and family situation under NY or NJ Medicaid rules. You'll understand your eligibility timeline and what's at stake without a plan.
We design a tailored plan — irrevocable trusts, exempt asset conversions, spousal protections — built around your state's rules and your specific timeline.
We prepare all legal documents, fund any trusts, and when the time comes, guide your Medicaid application through the state system — no surprises.
Comprehensive Medicaid Planning Services
Every engagement is tailored to your family. Here's what our elder law attorneys handle for you.
What Sets Our Medicaid Attorneys Apart
Most elder law firms operate in one state. We handle Medicaid planning in both New York and New Jersey — one firm for families who span the Hudson.
Whether you're planning ahead or a loved one is already in a facility, our attorneys know the strategies that work at every stage — not just the easy cases.
We serve families in English, Spanish, and Russian — so legal strategy is never lost in translation. Our team reflects the full diversity of the New York metro area.
With 20+ years of elder law practice, we've helped thousands of NY and NJ families protect their assets and navigate the Medicaid system successfully.
We understand the emotional weight of these decisions. We explain every option clearly, without pressure, and always put your family's long-term wellbeing first.
We offer a free, no-obligation consultation so you can understand your options and our approach before making any commitment. Call 516-518-8586 to get started.
Families We've Protected
Real families. Real outcomes. Names changed to protect client privacy.
"When my mother needed nursing home care, we thought we'd lose everything. The attorneys at NY Wills & Estates helped us establish a trust in time and protected her home for our family. We were able to get her into an excellent facility on Medicaid without spending down our savings."
"My husband had a stroke and needed immediate nursing home placement. I didn't know where to turn. NY Wills & Estates walked us through crisis Medicaid planning and protected more assets than I thought possible. They were compassionate and incredibly knowledgeable about NJ rules."
"We started planning 4 years before my mother needed care — on the advice of this firm. By the time she needed a nursing home, her trust was seasoned, her home was protected, and Medicaid covered her care. Best decision our family ever made."
Medicaid Planning FAQ
Answers to the questions we hear most from New York and New Jersey families.
Serving New York & New Jersey
We have offices in Manhattan and Hackensack — convenient for families throughout the metro area.
Request a Free Consultation Online
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Protect Your Family's Savings — Call Today
Don't let nursing home costs drain everything your family has built. Our Medicaid planning attorneys are ready to help. Your first consultation is completely free — no obligation, no pressure.
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