Posts Tagged ‘Medicaid planning’

Article 81 of New York’s Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity[1]. Not all Article 81 guardians (hereinafter “guardians”) in New York have the same powers. Guardianship orders are specifically tailored so […]

The Homestead and Medicaid Planning

September 6th, 2013 by David Goldfarb

New York Medicaid Attorneys Don’t make a mistake with Medicaid eligibility, contact a New York elder law attorney with knowledge of Medicaid law.  Goldfarb Abrandt Salzman & Kutzin LLP is a law firm that handles New York Medicaid cases. Table of Contents The Homestead as an Exempt Resource Dealing with the Home as an Illiquid […]

A supplemental needs trust (“SNT”) enables a person with a disability to maintain eligibility for government benefits (for example, Medicaid and Supplemental Security Income (SSI)). The purpose of the SNT is to enhance the quality of life for a disabled person. Historically, Estate of Escher, 94 Misc. 2d 952, 407 N.Y.S.2d 106 (Surr. Ct. Bronx Cty., […]

Supplemental Needs Trusts For Disabled Persons

September 6th, 2013 by David Goldfarb

A Supplemental Needs Trust is a trust created for a chronically and severely disabled beneficiary which supplements government benefits such as Medicaid rather than diminishing such benefits. Medicaid and other government benefit programs consider the resources and income of an individual for purposes of determining eligibility for assistance and the amount of such assistance. With a Supplemental Needs Trust, […]

New York Medicaid New Resource Documentation Rules

September 6th, 2013 by David Goldfarb

There are three distinct resource documentation requirements depending on the type of Medicaid applied for. The three types of Medicaid coverage and the resource documentation requirements are: (1) Community Coverage Without Long-Term Care – requires a self-attestation to the amount of current resources; (2) Community Coverage With Community-Based Long-Term Care – requires proof of current […]

Medicaid coverage is expanded as of July 1, 2003, to working disabled individuals with incomes up to 250 percent of the Federal Poverty Level. Congress enacted the Medicaid Buy-In option for states in the Balanced Budget Act of 1997 (§ 4733) and enhanced the option in the Ticket to Work and Work Incentive Improvement Act […]

Use of Trusts in Medicaid Planning in New York

September 6th, 2013 by David Goldfarb

The use of trusts in Medicaid planning raises a number of issues. The two most important are: (1) How will the transfer of assets into the trust be treated? And (2) How will the assets in the trust and the income from the trust be treated by Medicaid? In order to fully answer these questions […]