At Sverdlov Law, PLLC, our New York City elder law attorneys help older adults and families plan for long-term care, address Medicaid eligibility, and prepare for financial and medical decision-making during incapacity. We connect these decisions with your estate plan and your wishes for how you want to live. Our goal is to preserve both your family’s assets and your family’s harmony, because a plan that protects the money but divides the family has not done its job.  

Whether you are preparing for future home care or responding to a parent’s hospitalization, we help you understand available options under the New York’s Medicaid and incapacity rules and decide what to do next. Our focus is on protecting your choices while addressing the practical demands of paying for care. We tell you plainly what each option offers, what it requires of you, and what it cannot do. 

Facing a new diagnosis or a hospital discharge? Start with a free intro call to sort out what needs attention first. Contact Our Office – Sverdlov Law PLLC 

Why Choose Sverdlov Law, PLLC for Elder Law?

Elder law decisions affect how you pay for care, who controls your finances, and how much independence you retain. Our approach brings those concerns together.

  • Legal guidance informed by financial training: Katya Sverdlov’s 12 years in financial services and Chartered Financial Analyst (CFA®) designation bring a financial perspective to decisions involving retirement assets, trusts, and long-term care costs.
  • Planning that connects care with your estate goals: We coordinate Medicaid planning, estate planning, special needs planning, and estate administration so decisions about paying for care support your broader family goals.
  • Support when care cannot wait: We help families facing immediate care needs assess available Medicaid strategies and prepare applications.
  • A clear commitment to the senior we represent: We work with relatives and caregivers while keeping our client’s wishes, rights, and independence at the center of our advice. When a parent is our client, we speak with the parent directly and respectfully, not around them. 
  • Attention to how your plan will work: We examine who will manage finances, what authority they need, and how care expenses will be paid. New York’s Medicaid rules continue to change, and we tell you when a change affects your plan. 

When Should You Contact an Elder Law Attorney?

Planning before you need care gives you more time to consider financial options and choose who can act on your behalf. You can also seek help when circumstances change unexpectedly. Waiting has real costs, and families often learn them during a crisis: 

  • Capacity to sign. You can sign a power of attorney or health care proxy only while you understand what you are signing. After a significant decline, that choice may no longer be yours, and your family may need to ask a court to appoint a guardian. 
  • The nursing home lookback. New York reviews transfers made in the 60 months before a nursing home Medicaid application. Planning that begins years before care is needed keeps more options available than planning that begins after admission. 
  • Gifting authority. A New York power of attorney does not give your agent broad authority to make gifts unless you add that authority in the document’s Modifications section. Without it, your agent may be unable to carry out Medicaid planning for you. 

A dementia diagnosis, an upcoming hospital discharge, or a parent’s difficulty managing bills can signal the need for legal planning. Unexplained withdrawals or pressure to sign financial documents also deserve prompt attention.

We help you identify immediate priorities and review who has authority to act. When financial exploitation or elder abuse is suspected, we assess available legal protections and steps to prevent further harm.

How Can You Plan for Home Care or Nursing Home Costs in New York?

Long-term care planning addresses where you may receive care and how you will pay for it. We discuss your preference for remaining at home, available caregiver support, and whether residential care may become appropriate.

Medicare generally does not cover ongoing custodial care, such as help with bathing or dressing. Medicaid may cover qualifying home care or nursing home services when financial and care-related requirements are met. In New York City, most people approved for Medicaid home care receive it through a managed long-term care (MLTC) plan after a state assessment. We explain each step so your family knows what to expect. 

We help you assess insurance, savings, and potential benefits. Your plan should also consider a spouse’s living expenses and the possibility that your care needs will increase.

Can You Protect Assets While Qualifying for New York Medicaid?

Yes, in many cases. Medicaid planning offers lawful ways to preserve certain assets while qualifying for coverage. Your options depend on your finances, family circumstances, and whether you need home care or nursing home benefits. Working with an NYC Medicaid planning lawyer before you apply helps you avoid transfers that are difficult to undo.

A properly structured irrevocable Medicaid asset protection trust can protect certain assets once applicable transfer rules are satisfied, but it limits your access to the property placed in it. Because you give up control, we discuss with you, and with your family if you wish, who will serve as trustee and how decisions will be made, so the trust does not become a source of conflict. Certain transfers, including transfers to a spouse, are exempt from nursing home Medicaid transfer penalties. Other exceptions have specific requirements.

For nursing home Medicaid, New York generally reviews transfers during a five-year lookback period. Gifts or transfers for less than fair market value can cause a period of ineligibility unless an exception applies. Transferring your home to your children without reviewing these rules can create an unexpected coverage gap. The New York Medicaid lookback period works differently for home care. In 2020, New York enacted a 30-month lookback for home care applications, but as of October 2026, it has not taken effect. Because the law has not been repealed, we plan with that possibility in mind. 

We explain which strategies fit your circumstances and what each requires. If care is already needed, we review the remaining options and help with the application process. If a strategy is not a good fit for your family, we will tell you. 

If a parent may need care in the next few years, the best time to review options is before the first application. Start the conversation to sort out what needs attention first. Contact Our Office – Sverdlov Law PLLC

Who Can Make Decisions If You Become Incapacitated?

Preparing legal documents such as a New York power of attorney and health care proxy while you have the required capacity allows you to choose trusted people and define their responsibilities. Each document serves a different purpose:

  • Durable power of attorney: Authorizes an agent to handle specified financial matters and can remain effective during incapacity.Your financial agent cannot make medical decisions for you; that requires a health care proxy. 
  • Health care proxy: Appoints someone to make medical decisions after the required determination that you cannot make those decisions yourself.You can include your wishes and set limits on your agent’s authority. 
  • Living will: Records your treatment preferences to guide decisions about your care. New York has no separate living will statute, so we prepare your living will to work alongside your health care proxy. 

Our incapacity planning includes reviewing existing documents, identifying backup agents, and considering whether the authority granted meets your needs. We can also help you talk with the people you name, so they understand their role before they need to act. 

When Is Article 81 Guardianship Necessary for an Older Adult?

An Article 81 guardianship under New York’s Mental Hygiene Law  may be appropriate when someone cannot meet certain personal or financial needs and available alternatives are insufficient. A dementia diagnosis alone does not automatically require a guardian.

New York courts consider the person’s abilities and existing support. Any authority granted should address the person’s needs while preserving as much independence as possible. The law calls this the “least restrictive form of intervention. We help families evaluate whether guardianship is necessary and understand the responsibilities involved. As Article 81 guardianship attorneys, we first look at whether a power of attorney, health care proxy, or existing support can avoid a court proceeding. 

Discuss Your Care and Planning Needs With Sverdlov Law, PLLC

Your care arrangements and estate plan should support the same goals. We review how your documents and financial decisions fit together, including how they provide for a spouse or loved one with a disability. Planning ahead also gives your family clear roles, fewer surprises, and less reason to disagree during a difficult time. 

You do not need every answer before reaching out. Contact Sverdlov Law, PLLC today to discuss your care needs and take the next step in planning for your future.

Frequently Asked Questions

What should I bring to an elder law consultation?

Bring existing legal documents, a general list of assets and income, insurance information, and details about current care needs. If records are incomplete, we can explain what to gather next.

Can I arrange a consultation about my parent’s needs?

Yes. We can discuss your concerns and clarify whom we would represent. If your parent becomes our client, we address consent, confidentiality, and your role in the planning process.

Can I get Medicaid even if my income is too high? What if I have a large retirement account? 

Yes, you can still qualify! In New York, excess income can be sheltered through a Pooled Income Trust. Even large retirement accounts may not count for Medicaid eligibility – as long as one takes a monthly Required Minimum Distribution. Set up a consultation to learn more. 

Can veterans benefits help pay for care?

Eligible veterans and surviving spouses may qualify for benefits that help with care costs, including a VA pension with Aid and Attendance. We help you evaluate veterans benefits alongside Medicaid planning because the programs have different eligibility rules.

What is the Medicaid lookback period in New York? 

For nursing home Medicaid, New York reviews transfers made during the 60 months before the application. New York enacted a 30-month lookback for home care in 2020, but as of October 2026 it has not taken effect. Rules can change, so review any transfer with an attorney first. 

Is it too late to plan if my parent has dementia? 

Not necessarily. A diagnosis alone does not mean a person cannot sign legal documents; what matters is whether they understand what they are signing at that time. If they can no longer sign, an Article 81 guardianship may be needed. Acting early keeps more options available.