Bronx Medicaid Planning Attorney
Long-term care is one of the biggest financial risks facing older adults today. In New York, nursing home care can exceed $150,000 per year—and those costs aren’t covered by Medicare. Medicaid is the primary government program that can help pay for long-term care, but qualifying requires careful legal and financial planning. At Cavallo & Cavallo, our Bronx Medicaid planning attorneys help residents preserve their assets while preparing for Medicaid eligibility through customized Medicaid planning strategies.
What Is Medicaid Planning?
Medicaid planning is the legal process of structuring your finances and assets to qualify for Medicaid benefits—particularly for long-term care—without having to spend down everything you own. It involves creating trusts, making transfers, organizing legal documents, and understanding the eligibility rules that apply in New York.
Effective Medicaid planning helps you:
- Qualify for Medicaid nursing home or in-home care benefits
- Preserve your home, savings, and other valuable assets
- Avoid delays or penalties from improper transfers
- Maintain financial support for a healthy spouse or loved ones
- Coordinate care options while complying with Medicaid rules
We work with individuals and families in all stages of life, from early planning to crisis situations where long-term care is already needed.
Medicaid Eligibility in New York
To qualify for long-term care Medicaid in New York, applicants must meet strict income and asset limits. These limits differ depending on whether you’re applying for institutional care or community Medicaid.
As of 2025 (figures may vary annually):
- Asset limit for a single individual: Approximately $30,182
- Asset limit for a married couple (one applying): Around $30,182 for the applicant; the healthy spouse may keep additional resources under the Community Spouse Resource Allowance
- Monthly income limit: Roughly $1,732 (single); higher limits and rules apply for married couples
Assets considered countable include:
- Bank accounts
- Investment accounts
- Retirement funds (depending on status)
- Real estate (not your primary residence under certain conditions)
- Cash value life insurance policies
We help clients analyze what assets are exempt, what’s countable, and how to lawfully reposition or protect wealth.
Understanding the Five-Year Lookback Period
New York Medicaid has a five-year “lookback” period for institutional (nursing home) care. This means the state will review all asset transfers made in the 60 months prior to your application.
If assets were given away, sold below market value, or moved into certain accounts or trusts during that time, you may face a penalty period—a delay in Medicaid eligibility based on the value of those transfers.
This rule makes early planning critical. However, even in a crisis, there may still be opportunities to protect some assets through strategic planning.
Medicaid Asset Protection Trust (MAPT)
One of the most powerful tools in Medicaid planning is the Medicaid Asset Protection Trust (MAPT). This irrevocable trust allows you to transfer assets—such as your home or investments—out of your name, so they won’t count against you when applying for Medicaid.
Key features of a MAPT:
- Starts the five-year lookback clock
- Keeps income from the trust flowing to you (if desired)
- Protects your home from Medicaid estate recovery
- Allows family members (as trustees) to manage assets for your benefit
- Preserves assets for children, grandchildren, or other beneficiaries
We carefully draft and structure each MAPT to align with Medicaid rules, your family needs, and your long-term goals.
Protecting the Family Home
Your home is often your most valuable and sentimental asset. Medicaid has special rules regarding primary residences:
- It may be considered an exempt asset if your equity is under the state cap and you intend to return home.
- Transferring the home directly to a child or other relative can trigger a lookback penalty—unless an exemption applies.
Exempt transfers include:
- To a spouse
- To a child under age 21 or with disabilities
- To a “caretaker child” who lived in the home and provided care for at least two years
- To a sibling with an equity interest who has lived in the home for at least one year
We help you determine the best legal way to protect your home based on your circumstances.
Medicaid Planning for Married Couples
When one spouse needs long-term care and the other is healthy, Medicaid planning becomes especially important. Without planning, the healthy spouse may face financial hardship.
We assist married couples with:
- Separating countable assets from exempt resources
- Using spousal refusal or spousal impoverishment provisions
- Transferring assets to the healthy spouse
- Establishing trusts to protect income and property
The goal is to secure care for the spouse who needs it—while preserving financial stability for the one who doesn’t.
Crisis Medicaid Planning
If your loved one is already in a nursing home or needs immediate care, it’s not too late to act. Crisis planning involves rapid legal strategies to qualify for Medicaid while protecting as much of your estate as possible.
Crisis planning may include:
- Partial asset protection using promissory notes or gift-and-loan strategies
- Creating and funding a Medicaid trust with allowable assets
- Filing an expedited Medicaid application
- Transferring exempt resources to a spouse or disabled child
These cases are time-sensitive, and our team is experienced in navigating the urgent needs of Bronx families facing long-term care decisions.
Frequently Asked Questions About Medicaid Planning
When should I start Medicaid planning?
The best time is five or more years before needing care. However, even if care is needed now, there are crisis planning options that can preserve some assets.
Can I still live in my home if I transfer it to a trust?
Yes. With a properly structured Medicaid Asset Protection Trust, you can retain the right to live in the home for the rest of your life.
Can Medicaid take my house after I die?
Without proper planning, Medicaid may seek reimbursement from your estate after death (estate recovery). Placing your home in a trust can avoid this.
Will I lose my income if I go on Medicaid?
Medicaid allows the nursing home resident to keep a small personal needs allowance. The rest of the income may be used to pay for care, unless spousal allowances apply.
Does Medicaid pay for assisted living?
In New York, Medicaid can help cover assisted living through specific programs like the Assisted Living Program (ALP). Planning must be tailored to qualify for those benefits.
Can I give money to my children to qualify for Medicaid?
Not without consequences. Gifts can trigger a penalty period unless made outside the five-year lookback or fall under an exempt transfer category. Always consult a Medicaid planning attorney first.
Serving Throughout The Bronx
- Riverdale
- Spuyten Duyvil
- Pelham Bay
- Morris Park
- Throggs Neck
- Kingsbridge
- Woodlawn
- Parkchester
- Bedford Park
- Fordham
How Cavallo & Cavallo Can Help
At Cavallo & Cavallo, we’ve been helping Bronx families with Medicaid planning and elder law for over 30 years. We understand the legal complexities, emotional stress, and financial impact of long-term care—and we’re here to help you plan with confidence.
Our Medicaid planning services include:
- Early and crisis planning consultations
- Medicaid Asset Protection Trust creation
- Home and real estate protection strategies
- Application preparation and submission
- Appeals and denials
- Coordinating care decisions with legal planning
We take a compassionate, personalized approach that puts your future and your family first.
Talk to a Bronx Medicaid Planning Attorney Today
Don’t wait for a medical emergency to start thinking about long-term care. Contact Cavallo & Cavallo today to speak with an experienced Bronx Medicaid planning attorney and start building a strategy that protects your health, home, and financial future. Planning today can save you and your loved ones from stress, loss, and unnecessary expenses tomorrow.
