Articles for Attorneys
Information for Attorneys
October 11th, 2013 by David Goldfarb
This section of SeniorLaw provides information for attorneys. The Resource Page, “Elder Law & Legal Resources on the Web,” links to resources on Elder Law, Elder Care, Government Agencies, Searchable Statutes and Court Decisions, and lots more. In “Medicaid & Medicare” we will try to answer questions like “Is there a fraudulent conveyance theory for […]
Beyond the Statutes: Courts Add Criteria for Supplemental Needs Trusts
October 1st, 2013 by David Goldfarb
[For a more up-to-date article see “Supplemental Needs Trusts and Their Impact On Medicaid and SSI Eligibility“] A number of courts have fashioned criteria not found in the statutes [1] for Supplemental Needs Trusts (SNT’s) where court approval is required or sought. Court approval may be required or sought for establishing an SNT in a number of […]
New Rules For Trustees In New York
September 6th, 2013 by David Goldfarb
On September 4, 2001, Governor Pataki signed into law 2001 N.Y. Laws 243, which made substantial changes to the Estates Powers and Trusts Law. The two most important changes to the EPTL are the powers to make adjustments between principal and income, and the ability to compute income using a “unitrust” computation. Power to Adjust. […]
2001 Amendments to Generation-Skipping Transfer Tax Provisions Necessitates Trust Reviews
September 6th, 2013 by David Goldfarb
While almost everyone is aware that there has been a purported “repeal” of the Federal Estate Tax effective in 2010 (but only for 2010 absent Congressional action), the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA” or the “2001 Act”) also made several significant changes to the generation-skipping transfer tax provisions. Like the Federal Estate […]
Supplemental Needs Trusts and Their Impact on Medicaid and SSI Eligibility
September 6th, 2013 by David Goldfarb
A supplemental needs trust (“SNT”) enables a person with a disability to maintain eligibility for government benefits (for example, Medicaid and Supplemental Security Income (SSI)). The purpose of the SNT is to enhance the quality of life for a disabled person. Historically, Estate of Escher, 94 Misc. 2d 952, 407 N.Y.S.2d 106 (Surr. Ct. Bronx Cty., […]
Supplemental Needs Trusts For Disabled Persons
September 6th, 2013 by David Goldfarb
A Supplemental Needs Trust is a trust created for a chronically and severely disabled beneficiary which supplements government benefits such as Medicaid rather than diminishing such benefits. Medicaid and other government benefit programs consider the resources and income of an individual for purposes of determining eligibility for assistance and the amount of such assistance. With a Supplemental Needs Trust, […]
New York Medicaid New Resource Documentation Rules
September 6th, 2013 by David Goldfarb
There are three distinct resource documentation requirements depending on the type of Medicaid applied for. The three types of Medicaid coverage and the resource documentation requirements are: (1) Community Coverage Without Long-Term Care – requires a self-attestation to the amount of current resources; (2) Community Coverage With Community-Based Long-Term Care – requires proof of current […]
Certified Home Health Agency (CHHA) Home Care Services under Medicare & Medicaid in New York
September 6th, 2013 by David Goldfarb
Persons being discharged from a hospital or nursing home will often first get home health services under Medicare and Medicaid from a Certified Home Health Agency (CHHA). Medicare CHHA services are limited and have strict criteria. Medicare CHHA services are only available if the recipient is homebound and requires the intermittent services of a skilled nurse or therapist. Medicare […]
Medicaid Buy-In for Working Disabled Individuals in New York State
September 6th, 2013 by David Goldfarb
Medicaid coverage is expanded as of July 1, 2003, to working disabled individuals with incomes up to 250 percent of the Federal Poverty Level. Congress enacted the Medicaid Buy-In option for states in the Balanced Budget Act of 1997 (§ 4733) and enhanced the option in the Ticket to Work and Work Incentive Improvement Act […]
Use of Trusts in Medicaid Planning in New York
September 6th, 2013 by David Goldfarb
The use of trusts in Medicaid planning raises a number of issues. The two most important are: (1) How will the transfer of assets into the trust be treated? And (2) How will the assets in the trust and the income from the trust be treated by Medicaid? In order to fully answer these questions […]
