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Elder Law · Medicaid Planning

Medicaid Planning in Manhasset: Protecting Your Home Under New York's 60-Month Look-Back

Marchese & Maynard, LLP helps Manhasset families protect assets while qualifying for long-term care benefits through strategic Medicaid planning tailored to Nassau County's eligibility requirements. Our attorneys structure asset transfer strategies and spousal protection provisions that comply with New York's look-back period, preserving family homes and savings without jeopardizing benefit approval.

Medicaid Planning essentials at Marchese & Maynard, LLP
What to Expect

How Medicaid Planning Helps Families Avoid Unexpected Care Costs

Families who wait until nursing home admission is scheduled may discover that transfers made during the prior 60 months will be reviewed. The asset transfer strategy that worked last year may not work this month.

  • Asset Transfer Strategy: Protecting homes before a future Medicaid application triggers review.
  • Spousal Protection Framework: Preserving resources for the community spouse.
  • Crisis Planning Response: Structuring eligibility when placement is immediate.
  • Conservatorship Appointment: Coordinating guardianship with benefit qualification timing.
  • Spend-Down Alternatives: Converting countable assets into compliant income.
Medicaid Planning planning at Marchese & Maynard, LLP
The Difference

The Medicaid Planning Gap That Turns Long-Term Care Into Financial Crisis

If you have ever watched a parent's health decline and realized the nursing facility costs more per month than their entire Social Security check, you already understand the gap. Most families discover Medicaid planning exists only after the crisis has started, when prior transfers are subject to review and the options have narrowed.

The planning that works best happens years before placement, when earlier transfers may fall outside the review period and spousal protection provisions preserve what the community spouse needs to live on. Crisis planning still creates options, but the cost is higher, and the timeline is compressed in ways that force families to choose between speed and optimal outcomes.

  • Look-Back Review Applies: Transfers made during the review period may trigger penalties.
  • Spousal Protection Provision Misunderstood: Community spouse loses resources unnecessarily.
  • Financial Power of Attorney Missing: Incapacity blocks compliant asset restructuring.
Medicaid Planning counsel in Manhasset
How It Works

Why Documentation Delays Turn Compliant Plans Into Denied Applications

Medicaid planning is not only about identifying a potentially eligible strategy. County reviewers need clear records showing when transfers occurred, whether fair value was received, and how accounts, trusts, and property interests are titled. Missing bank statements, unclear gift explanations, or incomplete trust records can slow an application even where the underlying planning may be compliant.

Families often learn about the documentation burden when an application is being prepared, not when an earlier transfer is made. A complete file should be assembled before application, including relevant statements, deeds, trust records, transfer documentation, and explanations needed for county review.

Medicaid Planning outcomes for Nassau County families
When Plans Change

What Medicaid Planning Actually Covers Beyond Basic Eligibility Checks

Medicaid planning extends beyond eligibility into look-back period analysis, spousal protection structuring, compliant asset repositioning, and estate recovery defense, work that happens before and after approval to preserve what families assume is already protected.

  • Look-Back Period Analysis: We trace sixty months of financial transactions to identify penalty-triggering transfers before application.
  • Spousal Impoverishment Protection: Preserving income and jointly held assets for the community spouse without disqualifying the applicant.
  • Asset Repositioning Strategy: Evaluating lawful options, including properly structured annuities and permitted prepaid arrangements, based on the applicant's circumstances.
  • Estate Recovery Defense: Structuring ownership and transfer timing to minimize state recovery claims against the home after death.
Our Partners

Counsel rooted in Manhasset, trusted across the North Shore.

Two partners. One standard of care. Every plan is drafted, reviewed, and signed under their direct guidance.

Portrait of Paul P. Marchese, partner at Marchese & Maynard LLP
Partner

Paul P. Marchese

A trusted counselor to North Shore families for more than three decades, Paul guides clients through estate planning, trusts, and probate with the patience and precision that complex family wealth demands.

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Portrait of Robin S. Maynard, partner at Marchese & Maynard LLP
Partner

Robin S. Maynard

Robin brings decades of experience and a client-centered approach to elder law, Medicaid planning, and guardianship matters, advocating for families during the most consequential transitions of their lives.

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Client Stories

Families who can finally rest easy.

Frequently Asked

Questions, answered plainly.

What does Medicaid planning mean?

Medicaid planning is the legal and financial process of positioning a person's assets, income streams, and property ownership so they qualify for government-funded long-term care coverage while preserving resources for family members. We analyze existing holdings, trace transaction history, and restructure what can be moved, converted, or retitled within compliance boundaries. The work addresses timing constraints, spousal protection mechanics, and documentation standards that determine whether an application clears or triggers a penalty period.

How do you avoid the Medicaid 5-year look-back?

The look-back period cannot be bypassed when it applies. For nursing-home Medicaid, New York generally reviews non-exempt transfers made during the sixty months before the month of application. Families who plan before a health crisis can take steps designed to avoid last-minute transfers and reduce exposure to a penalty period. The work must happen years in advance, not weeks.

We work with families to identify which assets may trigger penalties, which transfers may qualify for exemptions, and how to document every transaction so the state can evaluate the application accurately. Certain exempt transfers, properly structured annuities, and other planning options may help reposition assets, but their effect depends on timing, eligibility category, and documentation.

Families who assume they can transfer the house to their children six months before nursing home admission may discover a penalty period only after the facility bill arrives. We trace transaction history, confirm exemption eligibility, and evaluate timing so asset decisions do not create avoidable eligibility issues when care becomes necessary.

Can you get Medicaid for lupus or other chronic conditions?

Medicaid eligibility depends on income, assets, and functional need for care rather than diagnosis alone. Lupus, dementia, Parkinson's disease, and other chronic conditions may support eligibility when they create documented care needs that meet program thresholds, which we help families address through financial planning and application preparation.

Lupus does not automatically qualify someone for Medicaid coverage. It is one example of a chronic condition that can create long-term care needs. The program evaluates functional impairment and care requirements, not the diagnosis itself. A person with lupus, dementia, Parkinson's disease, or another chronic condition who requires assistance with daily activities may meet the care threshold if income, assets, and program requirements align.

At Marchese & Maynard, LLP, we work with families in the Manhasset area to document the care need and structure finances to address eligibility criteria when long-term care becomes necessary.

  • Medical Documentation Coordination: We guide families in organizing physician assessments that detail functional limitations caused by lupus, dementia, Parkinson's disease, or another chronic condition and support a documented care need.
  • Asset Positioning Before Application: Chronic conditions can progress unpredictably, so we help families evaluate asset-positioning options before a crisis forces immediate placement and before long-term care needs intensify.
  • Spousal Financial Protection: When one spouse has a chronic condition requiring long-term care, we structure joint accounts and income streams to help protect the healthy spouse while the ill spouse seeks coverage under current program rules.
How much does a Medicaid planner cost for seniors?

Fees depend on whether the family is planning years ahead or responding to immediate nursing facility placement. Advance planning with straightforward asset profiles costs less than crisis work that requires rapid spend-down analysis and penalty mitigation. Hourly arrangements apply when asset tracing extends across multiple accounts, trusts, or prior transfers. Flat fees cover defined deliverables like application preparation or spousal protection calculations.

Geography matters. Attorneys practicing in the New York area adjust pricing based on local filing complexity and the documentation standards applied by regional Medicaid offices.

Are Medicaid planners worth it?

Families who wait until admission day to file Medicaid applications discover that the application itself was never the expensive part. The cost comes from penalties triggered by transfers made years earlier without documentation, from jointly held accounts that disqualify both spouses, and from income streams structured in ways that push the applicant over thresholds by narrow margins.

Marchese & Maynard, LLP works with families who need more than form completion. We trace financial history to identify penalty exposure before the state does. We restructure asset ownership to preserve resources for the community spouse without creating new disqualification events. Attorneys who only prepare applications cannot undo transfers made during the look-back window. That work requires advance planning, and the cost of hiring someone after the penalty is assessed is always higher than the cost of hiring someone before the transfer occurs.

The question is not whether planners are worth it in general. The question is whether your family's situation involves enough asset complexity, spousal protection need, or penalty risk to justify the cost now rather than after placement. Our Manhasset office serves families throughout Nassau County and nearby Queens communities who need that assessment before the nursing facility sends the first invoice.

Areas We Serve

Serving Manhasset and North Shore Nassau County From Our Central Location

Marchese & Maynard, LLP serves families throughout Manhasset and surrounding North Shore Nassau County communities, providing New York Medicaid planning guidance directly at their homes or preferred meeting locations. From Great Neck to Port Washington and across the North Shore, our attorneys reach families via Northern Boulevard, the Long Island Expressway, and Shelter Rock Road. Consultations begin with a sixty-month financial review, spousal protection analysis, and asset repositioning strategy tailored to New York's current eligibility thresholds.

Initial consultations include a complete asset inventory, sixty-month transaction trace, and written eligibility projection based on current New York State resource limits and community spouse allowances.

Service area coverage

  • Serving Manhasset, Great Neck, Port Washington, Roslyn, and North Shore Nassau County communities
  • Accessible via Northern Boulevard, Long Island Expressway, Shelter Rock Road, and Port Washington Boulevard
  • Coverage extends west to the Queens border and east through Glen Cove along the North Shore
  • Consultations include complete look-back period documentation review and eligibility assessment
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