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Planning

Medicaid Planning & Asset Protection

Plan ahead for the cost of care while preserving assets where the law allows.

Make intentional decisions before they become urgent — protecting assets, documenting wishes, preparing for care, and organizing what you have built.

Put structure in place before decisions become urgent.

Long-term care can place enormous pressure on a family's finances. Strategic planning can help families understand Medicaid rules, protect assets where permitted, and prepare before a crisis forces rushed decisions.

Planning done early protects more than planning done in a crisis, and the difference is measured in years.

Whether care is years away or already arranged, the available options differ — and so does how much can be protected.

Planning that works within the rules.

Medicaid planning turns on timing and documentation. These are the tools that matter most, and when each one applies.

Medicaid Asset Protection Trusts

Use trust planning to protect certain assets while preparing for future Medicaid eligibility.

Long-Term Care Planning

Coordinate legal and financial decisions around nursing-home and care costs.

Crisis Medicaid Planning

Evaluate planning options when care is already needed or imminent.

Spousal Refusal Strategies

Assess available planning approaches for married couples under New York rules.

Promissory Notes & Annuities

Consider specialized planning tools where appropriate to the client's circumstances.

Asset Reallocation & Exempt Transfers

Identify assets and transfers that may receive different treatment under Medicaid rules.

Application Preparation

Organize documentation and prepare the Medicaid application process with greater clarity.

Knowledge

Five years can change everything.

New York's Medicaid program applies a five-year look-back period for nursing home care, during which financial transfers are reviewed. Planning well before care is needed can materially affect the options available.

Year 1Planning begins. Asset structure and family goals are reviewed.
Years 2–4The planning window continues while prior transfers remain inside the look-back period.
Year 5Transfers made more than five years earlier may fall outside the nursing-home look-back calculation, subject to applicable law and facts.

Before the crisis, or in the middle of one.

Understand the Care Needed

Clarify whether planning is proactive, near-term, or already in crisis.

Review Assets & Family Structure

Identify property, accounts, income, ownership, and family considerations.

Evaluate Medicaid Rules

Assess the five-year look-back and planning options relevant to the situation.

Build the Strategy

Coordinate trust, transfer, spousal, or application strategies where appropriate.

Prepare for Application

Organize the documentation and steps needed for Medicaid eligibility review.

The look-back, explained.

What is the Medicaid look-back period in New York?

For nursing-home Medicaid, New York reviews certain financial transfers made during the five years before the application.

What is a Medicaid Asset Protection Trust (MAPT)?

A MAPT is an irrevocable trust commonly used in long-term-care planning to hold certain assets outside an individual's direct ownership, subject to Medicaid timing and eligibility rules.

Is it too late if my parent is already in a nursing home?

Not necessarily. Crisis-planning options may still exist, but they are highly fact-specific and should be evaluated promptly.

Can I still receive income from assets in a MAPT?

Continued access to trust income is a common feature of these trusts. The exact terms depend on how the trust is structured, which is part of what the planning decides.

Christopher W. Zeh, Esq. of Zeh & Associates, P.C.
Counsel / Zeh & Associates

Christopher W. Zeh, Esq.

Principal Attorney

Chris founded the firm in 2013 and leads its trust and estate practice, handling estate and probate litigation when a plan is contested.

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Client Perspective

“Christopher Zeh Esq of Zeh & Associates is an exceptional trust and estate attorney. He is highly knowledgeable, detail-oriented, and explains complex matters clearly and thoughtfully.”

Rich Cave · Client
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