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Medicaid Planning




Ensure That Your Home is Protected
Dear Mr. Di Costanzo: Can Medicaid take my home if I get sick? If you fall ill, you may seek Medicaid benefits to help pay for your care...

Salvatore Di Costanzo


Protecting Spouses of Medicaid Applicants: 2023 Guidelines
The Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of...

Salvatore Di Costanzo


Dear Mr. Di Costanzo: Am I responsible for my spouse’s nursing home costs?
Under New York State law, a spouse is considered a legally responsible relative which means that you are financially responsible for the...

Salvatore Di Costanzo


Using Trusts to Protect your Children
An inheritance can be easily dissipated if your child is a spendthrift, has bad habits or is involved with a divorce. A trust can ensure...

Salvatore Di Costanzo


The New Look-Back Period - Using Medicaid Trusts
Thursday, August 27th, 2020, I continued discussing Governor Cuomo’s State Budget implementing a new 2 1/2 year look-back period for...

Salvatore Di Costanzo


Turkey, Football and Estate Planning
Traditionally, Thanksgiving is the holiday when the entire family, for better or worse, comes together. After the melatonin calms...

Salvatore Di Costanzo


Is there a limit on how much I can gift for Medicaid purposes?
Generally, in determining the Medicaid eligibility of a person receiving nursing facility services, any gifting of assets made by the...

Salvatore Di Costanzo


Using a Medicaid Trust Without Losing Control
Over the years, I have found that one of the biggest obstacles preventing clients from pulling the trigger on a Medicaid Trust is the...

Salvatore Di Costanzo


Does it make sense to apply for community Medicaid if my Mom only needs a few hours of assistance?
This question often arises where an individual requires some assistance with her activities of daily living but can largely function on...

Salvatore Di Costanzo


If I have long-term care insurance, do I still need to engage in planning for the future?
Co-Authored by Joanna C. Feldman, Esq. Long-term care insurance can be a great arrow in one’s quiver of tools when planning for the...

Salvatore Di Costanzo


Is Medicaid’s penalty period pro-rated depending on when a gift or uncompensated transfer is made?
Co-Authored by Joanna C. Feldman, Esq. The short answer is no, but let’s go further. Medicaid applications to cover expenses in a nursing...

Salvatore Di Costanzo


How long does a Medicaid home care application take? What is the process?
Co-written by Joanna C. Feldman, Esq. An application for Medicaid benefits to cover home care services is less complicated than an...

Salvatore Di Costanzo


Protecting Your House After You Move Into a Nursing Home
While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the...

Salvatore Di Costanzo


Do You Have a Powerless Power of Attorney?
The Power of Attorney (“POA”) and Statutory Gifts Rider (“SGR”) are two of the most important documents drafted by an elder law...

Salvatore Di Costanzo
I’m considering a Medicaid Trust but I’m afraid of losing control. How much control do I really lose?
A Medicaid Trust is an irrevocable trust designed to protect your assets from the staggering costs of long-term care, usually nursing...

Salvatore Di Costanzo
Does having a retirement account render someone ineligible for Medicaid?
Co-authored by Joanna C. Feldman Under the usual fact pattern, a retirement account will not render someone ineligible for Medicaid. ...

Salvatore Di Costanzo
Do I have enough assets to plan?
Co-authored by Joanna C. Feldman Let’s consider the cost of care versus the legal fees to implement proper planning. So often, when I ask...

Salvatore Di Costanzo
Does owning a life insurance policy render someone ineligible for Medicaid in a nursing home?
Co-authored by Joanna C. Feldman To be eligible for Medicaid benefits in a nursing home in 2018, one may have no more than $15,150.00 in...

Salvatore Di Costanzo
Is it true I can gift $15,000.00 without jeopardizing Medicaid eligibility for nursing home care?
Co-authored by Joanna C. Feldman This is a question we’re continually asked, so we’re glad we have another opportunity to clear things...

Salvatore Di Costanzo
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