In a guardianship proceeding under Article 81 of the New York State Mental Hygiene Law (“MHL”), where a court evaluator as well as counsel for the Alleged Incapacitated Person (“AIP”) have been appointed, legal counsel for the AIP must adhere strictly to the AIP’s expressed wishes. According to Rule 1.14 of the New York Rules of […]

The NYS Office of the Medicaid Inspector General (“OMIG”) is required by federal and state laws to seek repayment from the estates of certain deceased Medicaid recipients. This recovery applies only to recipients who were age 55 or older, or who were permanently institutionalized at a medical facility, upon their death. Medicaid payments that are subject […]

How much are the 2025 Medicare benefit deductibles? Hospital deductible: $1,676. Co-insurance (days 61-90): $419/day. Skilled nursing facility co-insurance (days 21-100): $209.50/day. How much are the 2025 Institutional/Nursing Home (“INH”) and Community/Home Care (“CHR”) Medicaid  resource and income allowances? INH & CHR resource allowance $32,396(Single); $43,781 (Couple). INH income allowance $50. CHR income allowance $1800 (Single); $2343 […]

APS is a mandated service provided by local NY social services districts. It involves intake, investigation, and assessment of referrals of abuse, neglect, and financial exploitation of impaired vulnerable adults who live in the community. APS workers develop services plans for eligible clients to remedy physical abuse, sexual abuse, emotional abuse, neglect, financial exploitation or […]

Elder law is a critical area of legal practice that addresses the unique needs of older adults and their families. As our population ages, more individuals find themselves grappling with questions about long-term care, estate planning, guardianship, and Medicaid. However, navigating elder law can often feel overwhelming, especially with the many misconceptions that surround this […]