What this covers
Long-term care planning — arranging assets so the cost of care does not consume everything. The five-year look-back means this works best done early. See Medicaid Planning Advisory and Irrevocable Trusts.
Incapacity planning — a power of attorney and a health care proxy. These two documents prevent more court proceedings than anything else in estate planning, and their absence is what forces a family into guardianship.
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.
Estate planning that accounts for care costs — a plan written at fifty may not fit at eighty.
Scope — what this firm does here
Handled: planning strategy and advice, drafting of trusts and incapacity documents, advisory work on Medicaid and long-term care.
Not currently handled: Medicaid applications, Article 81 guardianship proceedings, probate and estate administration. Advice and referral available on all three.
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.
The remedy at that point is an Article 81 guardianship — a court proceeding that takes months, costs several thousand dollars, and hands the decision to a judge. A power of attorney signed while your parent still has capacity avoids all of it.
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 care is needed, because of the Medicaid look-back. Planning closer to the need is still worthwhile with fewer options available.
What happens if my parent loses capacity without a power of attorney?
The family generally has to petition for an Article 81 guardianship in Supreme Court — a months-long, costly proceeding that a power of attorney would have avoided.
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.
Does this firm handle Medicaid applications or guardianship?
No. The firm advises and drafts, and refers application and guardianship work to counsel who handle it.
Related: Estate Planning Advisory · Wills · Powers of Attorney · back to Estate Planning
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539