Cona Elder Law



Long Island medicaid planning attorneys

Cona Elder Law combines extensive legal knowledge and experience in the fields of Elder Law and Medicaid Planning with passionate advocacy for our clients and their family members. In practice for over 20 years, our attorneys are leaders in the field of Medicaid eligibility, asset protection, trusts, estate planning and elder law on Long Island. We are guided by our mission of delivering zealous advocacy and asset protection legal advice to our clients to get the best outcomes. Our comprehensive Medicaid Planning and Medicaid Application services are designed to protect a maximum amount of assets and ensure you get the care you need when and where you want it.

Based in Melville, Long Island, Cona Elder Law is an award-winning Elder Law and Medicaid firm.  Our Founder and Managing Partner, Jennifer Cona, is nationally recognized and our attorneys are the recipients of numerous awards and honors. Together our attorneys have over 125 years of combined experience in all aspects of Medicaid Planning and Medicaid Applications, including Elder LawEstate PlanningAsset Protection, Wills and Trusts, ProbateEstate AdministrationSpecial Needs Planning and Estate Litigation

What is Medicaid Planning?

Medicaid planning is the legal process of arranging your assets so that you will qualify for Medicaid benefits to cover the costs of long term care needs (nursing home care, home care, assisted living) without having to spend down all of your assets. Early planning is key but it is never too late to take action to protect your hard earned assets.

What does an elder law medicaid attorney do?

If you have asked yourself: “Should I contact a New York Elder Law Attorney for Medicaid planning?” then you are ready to call Cona Elder Law to protect assets and plan for Medicaid eligibility. An Elder Law Medicaid Attorney helps individuals and families protect their life savings and their homes from the high costs of long term care, including nursing home care, home care and assisted living facility costs. This is accomplished by engaging in asset protection planning and planning to qualify for Medicaid benefits.

Why Medicaid Planning is Important

Statistics show that 70% of our population will require some type of long term care and a fifth of those will require that care for more than five years.  Considering the average cost of nursing home care in Nassau County, Suffolk County and metro New York is over $200,000/year, it is imperative that individuals and families engage in Medicaid Planning.

The benefits of Medicaid Planning are:

  •  Preserving assets for a spouse
  • Protecting assets for children, heirs and other beneficiaries
  • Saving funds for quality-of-life items not covered by Medicaid
  • Protecting the home from a Medicaid lien

Our Elder Law Medicaid Planning Services

Asset Protection

Asset protection planning focuses on protecting assets from the high costs of long-term care, such as nursing home care, home care and assisted living costs. This is accomplished by establishing an irrevocable Asset Protection Trust or making exempt transfers of assets, if available. However, in most cases, assets must be transferred to an irrevocable living trust 5 years in advance. Accordingly, early planning is crucial

Crisis Planning / Promissory Note Planning

What happens if you did not plan ahead to protect assets and you are now being admitted to a nursing home for long term care? The good news is that all is not lost. The bad news is that you will have to spend down one-half of your assets. We help clients employ a strategy of part gift, part promissory note so that one-half of your assets can be protected and passed on to your heirs and beneficiaries – even if you did not plan ahead.

Medicaid Fair Hearings and Appeals

Medicaid Applications are often denied and clients have to fight to secure benefits to which they are entitled. When this happens, we thoroughly prepare our clients’ cases, prepare witnesses and zealously advocate to secure Medicaid benefits on behalf of our clients.

Medicaid Applications

The Medicaid Application process is lengthy and complicated, with very strict deadlines and documentation requirements. The Medicaid Agency looks for reasons to deny applications, saving the government money and costing you tens of thousands of dollars for every month that goes by until the application is finally approved. For this reason, it is imperative that you hire the experienced and dedicated Elder Law attorneys at Cona Elder Law. We’ve secured Medicaid nursing home and home care benefits for thousands of clients like you with an unsurpassed success rate.

Medicaid Home Care

Applications for Medicaid Home Care Benefits involve not just proof of financial eligibility but proof of medical need as well. We help our clients prepare all financial information and forms, required medical forms, and prepare the case to secure a maximum amount of home health aide hours.

Home Care Coordination

Has your loved one been determined financially eligible to receive Medicaid Home Care benefits and now you are wondering what happens next? 

This is where our Medicaid Home Care Coordination Services team comes in.  Our experienced New York Medicaid Home Care Coordinators will navigate the entire home health aide evaluation and services implementation process with you.

Our Coordinators don’t stop at the point of Medicaid financial approval like other law firms and Medicaid advisors. At Cona Elder Law, we bring you and your loved one over the finish line, holding your hand along the way.

Work with Our Experienced Long Island Elder Law Attorneys 

Cona Elder law is the recognized leader in the field of Medicaid Planning, Medicaid Eligibility, Elder Law and Estate Planning. Our award-winning firm has been continually ranked the #1 Elder Law firm on Long Island.

Medicaid Planning is complicated and complex, and any misstep can cost a family tens of thousands of dollars. In this highly specialized area of law, it is imperative that you work with the experienced and knowledgeable Medicaid attorneys at Cona Elder Law to be sure your Medicaid application is approved quickly and timely.

Our dedicated Medicaid attorneys and paralegals have earned our firm’s reputation as the go-to Long Island Medicaid planning law firm for well over 20 years. Contact us at 631.619.2533 to learn more.

New York Medicaid Planning FAQs

How Do I Know if I Qualify for Medicaid in New York?

New York’s Medicaid program has asset and income limits. The limits are different for Medicaid nursing home care (institutional Medicaid) and Medicaid home care (community benefits) so you need to know where you will be receiving care and for which program you will be applying. If you are currently over the asset and income levels, you can transfer assets to become eligible, such as to an Asset Protection Trust if in advance or with a Promissory Note if there is an immediate health care need, and you can protect excess income in a Pooled Income Trust. In each case, you will need an experienced Elder Law attorney like the attorneys at Cona Elder Law to assist you.

Do You Need a Lawyer to Apply for Medicaid?

Yes! There are many different Medicaid programs, each with their own set of rules, eligibility requirements, look-back periods and penalty periods. For example, there is a 5-year look back period for Medicaid institutional benefits and a 30 month look back period currently being phased in for Medicaid home care benefits. In addition, there are certain exempt transfers you will want to take advantage of that only experienced Elder Law attorneys like the attorneys at Cona Elder law are well-versed in. And finally, only attorneys can handle transactions such as deed transfers to protect your home from a Medicaid lien.

When Is the Best Time for Medicaid Planning in New York?

The best time to engage in Medicaid Planning is as early as possible so that all care choices and asset protection options are on the table. A typical time to put your affairs in order can be when you are planning for retirement. At that time, you can get your estate planning, Medicaid planning and asset protection affairs in order.  This will allow you to save a maximum amount of assets to protect yourself and your loved ones and keep all options open for where you will receive care in the future.

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