Why Choose Us?
At Merlino & Gonzalez, we help families plan ahead for long-term care while protecting the assets they worked a lifetime to build. Clients throughout Staten Island, New York, and New Jersey rely on our attorneys for careful Medicaid planning grounded in compassion, clarity, and current law.
- Over two decades of elder law and estate planning experience
- Proven strategies to protect assets and preserve family security
- Personalized planning based on your health, finances, and goals
- Clear explanations of complex Medicaid rules
- Respectful, client-centered guidance during sensitive times
Medicaid planning is a critical part of estate planning for many families. Long-term care costs continue to rise, and without planning, savings can be depleted quickly. At Merlino & Gonzalez, we help clients prepare for future care needs while safeguarding assets and reducing stress for loved ones.
What Is Medicaid Planning?
Medicaid planning is the legal process of arranging assets and income in advance so that an individual may qualify for Medicaid benefits when long-term care is needed. It focuses on compliance with state and federal rules while protecting assets from unnecessary spend down.
Medicaid planning is especially important for:
- Seniors concerned about nursing home costs
- Families planning for future long-term care needs
- Individuals with limited insurance coverage for extended care
- Married couples seeking to protect the healthy spouse
Why Medicaid Planning Is So Important
Long-term care in New York and New Jersey is expensive. Assisted living is usually private pay, and Medicare or private insurance typically covers only short-term rehabilitation stays. Extended care often falls to Medicaid.
Typical concerns include:
- Home health care costs that add up quickly
- Nursing home expenses that can exceed six figures annually
- Limited coverage from Medicare and private insurance
- Risk of losing life savings without advance planning
Medicaid can cover these costs if eligibility requirements are met.
Medicaid Eligibility in New York and New Jersey
Medicaid eligibility is based on income, assets, and medical need. Under certain circumstances, individuals may retain a primary residence and a vehicle while qualifying.
When income exceeds Medicaid limits, programs may allow a spend-down through approved medical expenses. However, spend-down rules are complex and difficult to manage without legal guidance, causing many people to delay or forgo benefits.
Without advance planning, individuals may be required to exhaust most assets before Medicaid coverage begins.
How Our Medicaid Planning Attorneys Help
Medicaid planning is one of the most important services we provide. Our attorneys analyze your finances, family structure, and health outlook to design a plan that protects assets while preserving eligibility for future benefits.
We help clients:
- Avoid unnecessary spend-downs
- Protect assets for a spouse and children
- Plan for long-term care before a crisis occurs
- Understand spousal protection rules
- Coordinate Medicaid planning with estate planning
Protecting the Healthy Spouse From Financial Hardship
Medicaid includes provisions designed to prevent spousal impoverishment. When one spouse needs long-term care, the other spouse may be allowed to retain certain assets and income.
Our attorneys explain:
- How spousal protections apply in your situation
- What assets may be preserved
- How to structure ownership to protect the healthy spouse
With proper planning, couples can avoid devastating financial outcomes.
Medicaid Estate Recovery Explained
Medicaid Estate Recovery allows the state to seek reimbursement from an estate after death for benefits paid for long-term care. Without planning, assets such as a home may be subject to recovery.
Medicaid planning can help:
- Reduce or eliminate estate recovery exposure
- Preserve assets for heirs
- Coordinate trusts with estate planning goals
Why You Cannot Simply Give Away Assets
Medicaid reviews financial transactions during a lookback period before an application is filed. Transfers for less than fair value during this period can trigger penalties that delay eligibility.
Improper gifting may result in:
- Delayed Medicaid coverage
- Out-of-pocket nursing home expenses
- Loss of assets intended for family
Legal planning must be done carefully and well in advance.
The Role of Trusts in Medicaid Planning
Not all trusts protect assets for Medicaid purposes. Revocable trusts offer no Medicaid protection because assets remain under the grantor’s control. Some irrevocable trusts also fail if they are structured incorrectly.
Medicaid Asset Protection Trusts
A Medicaid Asset Protection Trust is a specific type of irrevocable trust designed to keep assets beyond Medicaid’s reach while allowing them to pass to heirs.
These trusts:
- Remove assets from Medicaid eligibility calculations
- Protect assets from estate recovery
- Preserve inheritances for children
- Require careful drafting and administration
Neither spouse may serve as trustee or access principal, and trust income may be applied to care costs if required by Medicaid rules.
When Should Medicaid Planning Begin?
The earlier planning begins, the more options are available. Planning before care is needed allows for greater flexibility and fewer penalties. Even in urgent situations, experienced legal guidance can help identify lawful strategies.
Contact Our Staten Island Medicaid Planning Attorneys
Planning for long-term care is about protecting dignity, independence, and family security. Our attorneys serve clients throughout Staten Island, Manhattan, Brooklyn, Queens, the Bronx, and New Jersey with personalized Medicaid planning tailored to each family’s needs. Call our office today for guidance.