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Hon. Gail Prudenti Selected as a Top Lawyer in Long Island
We're excited to announce that Hon. Gail Prudenti has be recognized by the Long Island Herald as a 2024 Top Lawyer of Long Island award recipient for her excellence in the Trusts and Estates practice area.
The Consumer Directed Personal Assistance Program (CDPAP) is a Medicaid program that allows a Medicaid applicant, or their representative, to choose the individual (or individuals) to provide care at home rather than using an aide from a home health agency.
Question: My wife suffers from Alzheimer’s. Currently, I am her primary caregiver, but I am worried that if I predecease her, she will need to go to a nursing facility. One of my friends suggested executing a new Last Will & Testament that disinherits my wife and leaves my estate to my children. Should I do this?
Gifting and Medicaid planning is commonly misunderstood. We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.
My mother has been in a rehabilitation facility for the last 6 weeks and will be discharged any day now. She is unable to care for herself and we desperately need help at home. I want to apply for Medicaid to help pay for the care, but I heard this can take months. Is there a way to get the care in place faster?
Question: I have created a Medicaid Qualifying Irrevocable Trust and I am attempting to transfer my home to my trust. The bank which holds my mortgage has advised that they do not allow transfers to Irrevocable Trusts. Can they prevent me from protecting my house? What can they do?
When someone enters a nursing facility, an application for Chronic Medicaid may be appropriate. The average cost of a nursing facility on Long Island is $15,000.00 per month. This type of cost would exhaust assets very quickly in most cases. Chronic Medicaid is the program that covers nursing home care.
Question: I’m currently enrolled in a Medicare Advantage Plan and was told that I should switch to traditional Medicare, I am getting overwhelmed with all of the choices and options.
The government does not take the home of applicants who need assistance from the Medicaid long term care program. However, without proper planning, there is a potential that the government will not cover the cost of your care or will put a lien on your home during your lifetime or after you die as repayment for care that you received.
One of the issues that we see facing many of our clients is an inability to implement and access services once an application for Community Medicaid has been filed and approved.
On March 31, 2018 the New York State Legislature and Governor Andrew Cuomo finalized the budget for the 2019 fiscal year. In January, the Governor’s office set forth a budget proposal.
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There is a BIG change on the horizon for asset and income limits for long term care Medicaid recipients.
When residential property is owned by a trust, the trustee may sell the property if the terms of the trust permit it. The trust would be the seller of the property and the trustee must sign the listing agreement, contract of sale and closing documents.