Cona Elder Law


Category Archives for Estate Planning (Wills and Trusts), Probate/Estate Administration

How to Become a Legal Guardian in New York

Caring for a loved one as they get older can be difficult. When that loved one needs help with paying bills and other tasks, a legal guardian may be the answer to make sure they get help if they do not have advance directives and have lost the ability to sign advance directives. A guardian […]

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Do You Need An Elder Law Attorney?

By Jennifer Cona, Esq. Originally published in the July issue of Long Island Press, Power of Your Attorney. Are you concerned with your future health care needs and your financial welfare as you age? Do you worry about spending all your money on the costs of home care or nursing home care and/or being a […]

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Medicaid Alert: Medicaid Renewal / Recertification Required as of July 1, 2023

If you or your loved one receives Medicaid nursing home or home care benefits, they are now required to file a Medicaid recertification application each year in order to maintain eligibility for Medicaid benefits.This is a return to regular Medicaid procedures now that the COVID Public Health Emergency has been deemed concluded. As such, all […]

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What is Asset Protection Planning?

People talk about “asset protection planning”. But what is it? And who should be doing it? Asset protection planning focuses on protecting your money from the high costs of long-term care, such as nursing home care, home care, and assisted living. This can be accomplished by transferring money, investments, real estate or other assets into […]

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Protecting Assets in a Crisis With Promissory Note Planning

Federal laws passed in 2005 severely restricted Medicaid asset protection planning. The law was aimed at eliminating the transfer of asset strategies at the so-called “crisis” phase, that is, last-minute transfers of assets just prior to or immediately after an individual’s placement in a nursing home. However, the federal law left open one planning strategy […]

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Children with Special Needs: Decision Making Options as Your Child Nears Age 18

Privacy laws were enacted so that when a child turns 18, his or her parents are no longer able to make medical or financial decisions for them because that child is now considered a legal adult.  This is the case for all children turning 18, even those with special needs and those who are unable […]

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Three Ways to Protect Your Family Home on Long Island

Many families are concerned about losing their homes to the high cost of health care, and rightfully so. How can you protect your home? There are many ways, each of which has Medicaid planning consequences and tax consequences. 1. Outright Transfer You may give your home to another individual, such as a spouse or child, by signing a […]

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A Guide to Pooled Income-Only Trusts

Medicaid recipients are required to contribute their “surplus” monthly income to their care provider before they can receive benefits. Specifically, an individual is only entitled to keep a maximum income allowance each month and any monthly income over this amount must be “spent down” before Medicaid will pay for the individual’s care. However, qualified elderly […]

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How to Keep Your Estate Plan Current

When and how often do you need to review and update your estate plan? The answer will vary from person to person, family to family, but a number of factors will be influential. Stay Up To Date on Estate Taxes Any changes to the federal and/or New York State estate tax laws may impact your […]

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The King’s Daughter’s Codicil

We often hear stories of celebrities with millions of dollars passing away without a Will, like Michael Jackson, Pablo Picasso, Prince, Aretha Franklin, and Aaron Carter, to name a few. Elder law and estate planning attorneys shake their heads and wonder how this could possibly happen and the devastation this may wreak on the surviving […]

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