As an Elder Law Attorney, Andrew M. Lamkin advises families on how to protect their assets against the ever increasing costs of long term care and the importance of advanced directives such as Health Care Proxies, Powers of Attorney and Living Wills. In addition, our office can assist you with non-legal issues such as nursing home placement, retirement planning and long term care insurance.
- Do you know someone who is disabled to the point where they require the assistance of a home health aide or nursing home care?
- Have you thought about how you would finance the cost of long-term care?
- Do you know that with the proper planning you may qualify for Medicaid?
- Do you know what type of advanced planning can be done?
- Have you executed a Living Will, Health Care Proxy or Power of Attorney?
- Do you have a child who is disabled and is receiving SSI or Medicaid benefits?
- Do you currently pay privately for home care services? If so, are you concerned that you would not be able to retain the person you currently employ?
Medicaid Planning and Applications
Medicaid is a joint federal and state program that pays for a home health aide or nursing home for qualifying individuals. Many believe that they cannot qualify for Medicaid. This is a very common misconception. The truth is that with the proper planning, many can qualify. We can work together to create a plan that will protect your assets and make you eligible for benefits when you need them.
In New York, Medicaid applications are filed with the local Department of Social Services in the county where the individual resides and with the NYC Human Resources Administration for those who reside in New York City. Whether you require the assistance of a home health aide (community based medicaid) or need to reside in a nursing home, The Law Office of Andrew M. Lamkin, P.C. will work with the home health agency or Nursing home to ensure a smooth transition and maximum coverage.
Many believe that if they have assets in their name and require care immediately, they must “spenddown” their assets before applying for Medicaid. This is incorrect. There are ways to transfer assets so that your Medicaid application will be approved without having to “spenddown” everything.
Andrew M. Lamkin is experienced with the various ways to transfer assets and can devise a plan that will protect the most under the law.
A Guardianship proceeding may be required when an individual no longer has the capacity to manager their affairs or make their own health care decisions. If you need to make decisions for a loved one who recently became incapacitated, you may need to file a Petition for Guardianship with the Supreme Court in the County where your loved one resides. This proceeding is a complex legal procedure that requires the assistant of an attorney experienced in these matters. The Law Office of Andrew M. Lamkin, P.C. can help make this difficult situation easier for you and your family.
Call 516-605-0625 or contact me online to schedule an appointment. I am available to meet with you at your home or my office.