Elder Law Attorneys for New York Families Navigating Aging, Medicaid, and Long-Term Care
Elder Law Attorneys — New York
Medicaid planning, asset protection, long-term care strategies, and legal guidance for families navigating the complexities of aging in New York. Whether you need an elder care attorney for a parent's nursing home placement or help protecting family assets from Medicaid spend-down, LGK Lawyers can help.
40+ Years Experience
NYC & Saratoga Springs Offices
Free Initial Consultation
Medicaid & Long-Term Care Planning
Reviewed by Kent Gross, Esq. — 40+ years handling elder law matters in New York.
What Is Elder Law?
Elder law is the area of legal practice focused on the issues that affect aging adults and their families — Medicaid planning, asset protection, long-term care, guardianship, estate planning, and the legal challenges that come with cognitive decline, nursing home placement, and end-of-life decisions. An elder law attorney handles the intersection of these issues, which is what makes the practice area distinct from general estate planning.
In New York, elder law is particularly complex because the state has its own Medicaid rules, its own estate tax, its own guardianship statute (Article 81), and its own power of attorney requirements. An elder law attorney in New York who handles these issues regularly in the state's courts and with its agencies is better positioned to protect a family's assets and interests than a general practitioner.
Most families encounter elder law for the first time when a parent's health changes — a dementia diagnosis, a fall that leads to hospitalization, a nursing home placement that costs $14,000 to $18,000 per month. The legal questions that follow are urgent and the stakes are high. This is when families search for an elder care attorney who can help them understand their options quickly.
The right time to work with an elder law attorney is before the crisis. But if your family is already in one, there are still strategies available — and an experienced attorney can help you navigate them.
When Families Need an Elder Law Attorney
Medicaid Planning
Protecting Assets Before Long-Term Care
A parent needs nursing home care, and the cost threatens to exhaust everything the family has built. Proper Medicaid planning — ideally years in advance — can protect the family home and savings while still qualifying for benefits.
Long-Term Care
Navigating Nursing Home and Home Care
Understanding Medicaid eligibility, managed long-term care plans, spousal protections, and the financial implications of different care settings requires legal guidance specific to New York's rules.
Cognitive Decline
A Parent's Dementia Is Progressing
Powers of attorney, health care proxies, and if necessary, Article 81 guardianship — the legal framework needs to be in place before or as capacity declines. Waiting until a crisis leaves families with fewer and more expensive options.
Asset Protection
Trusts and Estate Restructuring
Irrevocable trusts, Medicaid Asset Protection Trusts, and strategic asset transfers can protect a family's wealth — but they must be structured correctly and funded well in advance of any Medicaid application.
Concerned About a Parent's Care or Your Family's Assets?
LGK Lawyers offers free consultations for families navigating elder law issues in New York.
NYC: (347) 919-6050 | Saratoga: (518) 558-4495
20-minute call. No obligation.
Elder Law Services at LGK Lawyers
Elder law overlaps with estate planning and guardianship — many families come to us for one issue and discover we can help with several others.
Medicaid Planning
Structuring assets to qualify for long-term care Medicaid while protecting family wealth. This includes Community Medicaid (home care) and Chronic Care Medicaid (nursing home), each with different rules in New York.
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Medicaid Asset Protection Trusts
Irrevocable trusts designed to shelter a primary residence and other assets from Medicaid spend-down — but these must be funded at least five years before a Medicaid application to clear the look-back period.
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Article 81 Guardianship
When a family member can no longer manage their affairs and no power of attorney exists, Article 81 provides a court-supervised process for appointing a guardian. LGK handles these proceedings in both NYC and the Capital Region.
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Estate Planning for Aging Adults
Wills, trusts, powers of attorney, health care proxies, and advance directives — tailored for the specific concerns of aging adults and their families, including incapacity planning and tax considerations.
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Long-Term Care Planning
Evaluating care options, understanding the financial implications of nursing home vs. home care, navigating Managed Long-Term Care (MLTC) plans, and planning for the cost of care before it becomes unmanageable.
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Special Needs Planning
Trusts and strategies for family members with disabilities — ensuring they receive an inheritance or assets without losing eligibility for government benefits like Medicaid and SSI.
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Medicaid Planning in New York
Nursing home care in New York costs $14,000 to $18,000 per month. Without planning, a lifetime of savings can be exhausted in three to five years. Medicaid planning is the legal process of structuring a family's assets so their loved one can qualify for Medicaid benefits while preserving as much wealth as possible. A Medicaid attorney in New York can help families understand their options and implement strategies before or during a crisis.
The Medicaid Look-Back Period in New York
New York applies a five-year Medicaid look-back period for nursing home Medicaid. When someone applies, the state reviews every financial transaction from the prior five years. Gifts or transfers made during that window can result in a penalty period — a length of time during which Medicaid won't pay for care.
This is why the most effective Medicaid planning is done five or more years in advance. A Medicaid Asset Protection Trust (MAPT), funded more than five years before a Medicaid application, can shelter a home and other assets completely from Medicaid spend-down. The Medicaid Asset Protection Trust is one of the most important tools in New York elder law for families with assets to protect.
Community Medicaid vs. Nursing Home Medicaid
New York eliminated the asset test for Community Medicaid (home care) in 2023 — a significant change that means people with substantial savings can still qualify for home-based care. Nursing home Medicaid still has strict asset limits: approximately $31,175 for an individual applicant in 2025.
For married couples, the community spouse (the healthy spouse remaining at home) can retain up to approximately $154,140 in countable assets under the Community Spouse Resource Allowance.
Where We Help Families
New York City & Downstate
LGK Lawyers provides elder law services throughout New York City — including Medicaid planning, guardianship, and long-term care guidance. We serve families in Manhattan, Brooklyn, Queens, Bronx, Staten Island, Westchester County, Nassau & Suffolk Counties.
Saratoga Springs & Upstate
From our Saratoga Springs office, LGK Lawyers helps Capital Region families with Medicaid planning, asset protection, and elder law matters — Saratoga County, Albany County, Schenectady County, Rensselaer County, Warren County, Washington County.
Saratoga Estate Planning Details →
How Much Does an Elder Law Attorney Cost in New York?
The cost of an elder law attorney depends on the type of work. Estate planning documents (wills, trusts, powers of attorney) are typically flat-fee: $1,500 to $3,500 for an individual in NYC, less in the Capital Region. Medicaid planning engagements involving irrevocable trusts typically range from $5,000 to $8,000 or more.
Article 81 guardianship and elder law litigation are billed hourly, with rates for experienced elder law attorneys in New York City generally ranging from $350 to $600 per hour. In the Capital Region, rates are lower.
For many families, the cost of elder law services is a fraction of what they would lose without proper planning — a Medicaid Asset Protection Trust that costs $5,000 to create can protect hundreds of thousands in family assets from nursing home spend-down.
Fee Disclaimer:
Fees vary based on the complexity of the estate and the documents required. The ranges stated are estimates and do not constitute a fee agreement. Contact LGK Lawyers for a specific assessment.FEATURED
Related Articles on Elder Law
Elder Law FAQ
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Estate planning focuses on protecting assets and directing their distribution. Elder law encompasses estate planning but also includes Medicaid planning, guardianship, long-term care planning, and the legal issues specific to aging. Most elder law attorneys handle estate planning, but not all estate planning attorneys handle elder law.
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Ideally, five or more years before nursing home care is anticipated — because of New York's five-year look-back period. However, there are still meaningful strategies available even if you're closer to needing care. The sooner you consult with an elder law attorney, the more options are available.
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In many cases, yes — through a Medicaid Asset Protection Trust or other strategies. The key is timing: assets must be transferred out of your parent's name at least five years before a Medicaid application. The home is also exempt while a community spouse lives there.
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Even in crisis situations, there are legal strategies available — spousal refusal, caretaker child exemptions, pooled income trusts, and spend-down planning. An experienced elder law attorney can assess what options apply to your family's specific circumstances.
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No. Elder law also covers adults with disabilities, special needs planning, and incapacity planning for people of any age. The term "elder law" reflects the most common client base, but the legal tools apply broadly to anyone facing questions about long-term care, guardianship, or government benefits.
About LGK Lawyers
LGK Lawyers provides estate planning, guardianship, and elder law services from offices in New York City and Saratoga Springs. The firm's attorneys have decades of combined experience helping New York families protect their assets and plan for the future. Learn more about our attorneys and practice areas.
Talk to an Elder Law Attorney Today
LGK Lawyers offers free consultations for New York families navigating elder law questions.
NYC: (347) 919-6050 | Saratoga: (518) 558-4495
20-minute call. No obligation.