Medicaid Estate Planning

When developing a Medicaid plan for an individual (or couple) The Law Office of Antony M. Eminowicz, PLLC believes in the holistic approach: we study the matter as a whole, and not just the sum of their parts. We ensure that every client’s estate plan is reviewed and amended, if appropriate, when a Medicaid strategy is being implemented.  Here are two examples of how unknowledgeable Medicaid planning can drain the assets of families.

1. Medicaid can be lost and an estate depleted with the wrong Will 

As an example, look at a couple with a classic ‘I love you Will’. This type of Will leaves everything to the other spouse on the first death, and then to the children on the second death. Now consider what happens if either husband or wife requires nursing home care and has Medicaid coverage. The ‘healthy’ spouse dies leaving their entire estate to the institutionalized spouse. The institutionalized spouse loses their Medicaid coverage and must maintain private monthly payments upwards of $11,000 until a significant portion of the estate has been depleted.

Among the options, an appropriate Will could have incorporated a trust for the benefit of the institutionalized spouse, or left the estate outright to any children. Every client is unique in the types of assets they hold, so a variety of options must be explored before an appropriate estate plan is settled upon.

Antony M. Eminowicz, PLLC will review the myriad of variables in place to help ensure that the appropriate estate plan is implemented (alongside any proposed Medicaid strategy) to best ensure continuing eligibility for Medicaid benefits, protection of the bulk of the estate, and protection against the placement of a Medicaid Lien.

2. Medicaid can be denied because of a standard New York Power of Attorney

This office frequently deals with powers of attorneys that do not have the necessary language to enable an agent to implement a proposed Medicaid strategy. Such documents are usually those downloaded from the Internet or from a stationary store.

Take, for example, the mother who has appointed her son as agent under her standard power of attorney. Mother has now lost capacity and requires Home Medicaid coverage. Her ‘standard’ power of attorney does not have a specific provision allowing for a pooled income trust – a typical New York trust that enables people with excess income to qualify for Community Medicaid Coverage. The son makes a Medicaid application anyway, and his mother is subsequently denied because she has too much income. If mother’s power of attorney had the necessary language, her son (as agent) could have acted to divert any excess income to a pooled income trust, thereby qualifying mother for Home Medicaid.

A power of attorney with “teeth” is the cornerstone of any Elder Law planning. Let The Law Office of Antony M. Eminowicz, PLLC help you prepare such a power of attorney by utilizing the necessary language and enable your chosen agent to help you with any of your future long term care needs.

I feel that every client deserves courageous and compassionate representation. This goes far beyond even the best law school education or practice in the most prestigious firms, but must be based in one's own experience and ethics, and practiced on a deep-rooted, personal level.

Antony M Eminowicz, PLLC Antony M Eminowicz, PLLC

Other ways of contacting us

Kingston Office
2 Pearl Street,
Kingston, NY 12401
Poughkeepsie Office (By Appointment Only)
272 Mill Street
Poughkeepsie, NY 12601
Tel: 845 481-4688
Fax: 845 853-1689

In Need of a Speaker?

Call or contact us today to schedule a free speaking engagement for your organization or group. Antony Eminowicz, PLLC speaks on a variety of informative legal topics affecting elderly people

Tel: 845 481-4688

Society of Settlement Planners - Member
National Academy of Elder Law Attorneys - Member
New York State Bar Association
The Law Society
Solititor Regulation Authority

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from Antony M. Eminowicz, PLLC