What this covers
Long-term care planning and Medicaid. Arranging assets so the cost of care does not consume everything, and handling the application when care is needed. See Medicaid Planning & Applications and Irrevocable Trusts.
Incapacity planning — a power of attorney and a health care proxy. These documents let you choose who handles financial and medical decisions. Without financial authority, your family may need a guardianship; medical decisions may instead pass to a surrogate under New York’s statutory hierarchy.
Protecting a spouse. Where one spouse needs care and the other remains at home, New York provides protections allowing the community spouse to retain income and assets. For 2026, New York’s minimum community spouse resource allowance is $74,820 and the federal maximum is $162,660. The individual allowance depends on the couple’s countable resources and applicable rules. The monthly maintenance needs allowance is up to $4,066.50, with the spouse’s own income taken into account; a court order or fair hearing may allow an increase in qualifying circumstances.
Estate planning that accounts for care costs. A plan written at fifty may not fit at eighty.
What this firm handles, and what it does not
Handled: planning strategy and advice, drafting of trusts and incapacity documents, Medicaid planning, and preparing and filing Medicaid applications.
Not currently handled: Article 81 guardianship proceedings, and probate and estate administration. Advice and referral are available on both.
If you are already in a crisis
If a parent is in hospital and facing discharge to a nursing home, the timeline is days rather than months. Say so when you call. Crisis planning has fewer options than advance planning, but it is not nothing, and delay costs more here than in almost any other area.
Why a power of attorney matters more than people think
The most common preventable disaster in elder law is not a tax problem. It is an adult child discovering that nobody can access a parent’s accounts to pay for their care, because no power of attorney exists and the parent no longer has capacity to sign one.
If no other arrangement gives someone financial authority, the family may need an Article 81 guardianship — a court proceeding with legal costs and a timeline that depends on the case. A valid power of attorney signed while your parent still has capacity can often avoid that proceeding.
If your parents do not have these documents, that is the conversation to have this year.
Frequently asked questions
What is elder law?
The legal issues associated with aging — long-term care planning, Medicaid, incapacity documents, asset protection, and planning for a surviving spouse.
When should we start planning for long-term care?
Ideally more than five years before nursing home care is needed, because of the Medicaid look-back. Planning closer to the need is still worthwhile with fewer options available.
Does this firm handle Medicaid applications?
Yes, both the planning and the application itself.
What happens if my parent loses capacity without a power of attorney?
The family may need to petition for an Article 81 guardianship in Supreme Court if no existing arrangement gives someone authority to manage the finances. A valid power of attorney signed while your parent has capacity can often avoid that proceeding.
Can we protect the family home from nursing home costs?
Sometimes, depending on timing and structure. An irrevocable trust established outside the look-back is the most common approach. An outright transfer shortly before needing care usually causes harm.
Related: Medicaid Planning · Powers of Attorney · Health Care Proxy · Estate Planning
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539 · Last reviewed October 6, 2026