Westchester Medicaid Planning Attorney

As the cost of long-term care continues to rise, Medicaid planning has become a critical component of estate and elder law planning in New York. Nursing home care in Westchester can cost more than $12,000 per month, and many families are surprised to learn that Medicare does not cover these expenses. At Cavallo & Cavallo, our Westchester Medicaid planning attorneys help residents develop proactive Medicaid planning strategies that protect assets, preserve eligibility, and ensure financial security throughout retirement.

Why Medicaid Planning Matters

Medicaid is a joint federal and state program that helps pay for long-term care, including nursing home and in-home care services. While it’s a lifeline for many, qualifying for Medicaid is not automatic. The program has strict income and asset limits, and without advance planning, individuals may have to spend down their savings before receiving assistance.

Medicaid planning helps you:

• Qualify for benefits without losing everything you’ve worked for
• Preserve your home and savings for a spouse or heirs
• Avoid unnecessary spend-down of assets
• Access high-quality care while protecting your estate
• Prepare for the possibility of incapacity or long-term illness

We help individuals and couples in Westchester create custom plans that fit their medical needs and financial goals.

Medicaid Eligibility in New York

To qualify for Medicaid long-term care benefits, you must meet financial eligibility requirements, which vary depending on whether you are single or married.

As of 2025:

• Income limits: Approximately $1,732/month for individuals; $2,351/month for couples
• Asset limits: $30,182 for individuals; $40,821 for couples (non-exempt assets)
• Certain assets are exempt, including:
  • A primary residence (up to $1,071,000 in equity if a spouse lives there)
  • One vehicle
  • Prepaid burial arrangements
  • Household items and personal belongings

We help you understand which assets are countable, which are exempt, and how to structure your estate accordingly.

The Five-Year Lookback Period

One of the most important aspects of Medicaid planning is the five-year lookback period. Medicaid will review all asset transfers made within the five years prior to your application. If you transferred assets during that period without receiving fair market value in return, a penalty period may apply—delaying eligibility for benefits.

Planning in advance allows you to:

• Transfer assets before the lookback begins
• Use trusts and gifting strategies to protect assets legally
• Avoid penalties and preserve Medicaid eligibility when care is needed

Even if you are already facing nursing home placement, we can help with crisis planning to reduce exposure.

Medicaid Asset Protection Trusts (MAPTs)

A Medicaid Asset Protection Trust is a key tool for preserving wealth while planning for long-term care. This type of irrevocable trust allows you to transfer assets out of your name while retaining certain benefits, such as the right to live in your home.

Benefits of a MAPT include:

• Starts the five-year lookback period
• Keeps the home and savings protected from nursing home costs
• Maintains eligibility for STAR and property tax exemptions
• Allows heirs to inherit property with a step-up in basis

We create and fund MAPTs with clear instructions and trustee guidance to ensure proper implementation under New York law.

Spousal Refusal and Spousal Protections

New York law includes important protections for the spouse of a Medicaid applicant:

• The Community Spouse Resource Allowance (CSRA) allows the non-applicant spouse to keep a portion of joint assets.
• The Minimum Monthly Maintenance Needs Allowance (MMMNA) ensures the community spouse retains sufficient income.
• A spousal refusal strategy allows one spouse to refuse to contribute to the cost of care, potentially accelerating eligibility for the other.

We structure these strategies carefully to protect both spouses while remaining compliant with state Medicaid rules.

Crisis Planning vs. Pre-Planning

While early planning is ideal, it’s never too late to protect some assets—even in a crisis. We assist with:

• Emergency Medicaid applications
• Partial asset protection strategies
• Promissory note planning
• Gifting combined with purchase of Medicaid-compliant annuities

Whether you’re years away from needing care or already facing a nursing home admission, we can help develop the most effective legal response.

Frequently Asked Questions About Medicaid Planning

Is Medicaid the same as Medicare?
No. Medicare may cover short-term rehabilitation, but it does not pay for long-term nursing home care. Medicaid covers custodial care when you meet financial eligibility.

Will I lose my home if I go into a nursing home?
Not necessarily. With proper planning, your home can often be protected using a trust or exempt transfer to a spouse or disabled child.

Can I give money to my children to qualify for Medicaid?
You may, but transfers within five years of applying can trigger penalties. We help structure gifts safely and legally.

What if I already need nursing home care?
It’s still possible to protect some assets through crisis planning. Timing and legal strategy are critical—contact us immediately for help.

Can I still control my finances if I set up a trust?
In a Medicaid Asset Protection Trust, you cannot access the principal, but you can retain control over trustees and benefit from income generated.

Do I need a lawyer for Medicaid planning?
Yes. Medicaid rules are complex, and mistakes can cost you tens or hundreds of thousands of dollars. An experienced attorney ensures that your plan works and follows the law.

Serving Throughout Westchester, NY

• Scarsdale
• Bronxville
• Larchmont
• Rye
• Chappaqua
• Pelham
• Armonk
• Mamaroneck
• Dobbs Ferry
• Tarrytown

How Cavallo & Cavallo Can Help

We’ve been helping Westchester families plan for long-term care and Medicaid for over 30 years. Our firm understands how to balance financial protection, legal compliance, and family needs.

Our Medicaid planning services include:

• Designing and funding Medicaid Asset Protection Trusts
• Reviewing and restructuring assets to meet eligibility
• Preparing and filing Medicaid applications
• Implementing spousal refusal strategies
• Coordinating crisis planning for urgent nursing home care
• Advising on related estate and elder law concerns

We take a proactive and personalized approach to protect your home, your savings, and your peace of mind.

Speak With a Westchester Medicaid Planning Attorney Today

Planning ahead can help you avoid unnecessary stress, financial loss, and family conflict. Contact Cavallo & Cavallo to speak with a trusted Westchester Medicaid planning attorney and start building a long-term care strategy that keeps your future secure and your legacy intact.