Bronx Medicaid Planning Attorney

When a parent or spouse in the Bronx needs nursing-home care, families often have only weeks to learn how New York Medicaid treats savings, a home, and money that was given away. Schwartsman Law Group helps Bronx families plan for long-term care under New York law, whether care is needed now or is still years away. Our attorneys are licensed in New York. Call (212) 518-3868 or request a Free Consultation.

This page is for Bronx clients. For a statewide overview of how we handle long-term care planning, see our Medicaid planning services page.

The Look-Back Rules That Apply Today

The first question most families ask is how far back Medicaid looks at transfers. The answer depends on the kind of care.

Nursing-home (institutional) Medicaid: 60 months

For nursing-home Medicaid, the look-back period is 60 months, and this rule is in effect. It comes from New York Social Services Law § 366(5)(e) and from the federal Medicaid statute, 42 U.S.C. § 1396p(c)(1)(B), which sets a 60-month look-back for asset transfers made on or after February 8, 2006. In practice, Medicaid looks at transfers made in the five years before the relevant date. The earlier planning starts, the more options a family has.

Home care (community) Medicaid: the 30-month look-back is not in effect

You may have read that New York adopted a 30-month look-back for home care and other community-based long-term care. That change has not taken effect. State law makes it subject to federal approval, and the New York State Department of Health proposal page says implementation was delayed. We have not found an official notice that the 30-month community look-back is in operation. We do not treat it as current law, and you should be careful with any source that says otherwise. If the status changes, the planning approach for home care may change too, so we check the current rule for each client.

Protections for the Spouse at Home

Many Bronx couples worry that paying for one spouse's nursing-home care will leave the other spouse with nothing. New York's spousal impoverishment rules in Social Services Law § 366-c are meant to prevent that. They let the spouse who stays at home (the “community spouse”) keep part of the couple's resources and a minimum monthly income.

The New York State Department of Health published these figures for 2026 (GIS 26 MA/03, effective January 1, 2026):

2026 New York Medicaid figure	Amount
Maximum Community Spouse Resource Allowance (CSRA)	$162,660.00
Minimum State Community Spouse Resource Allowance	$74,820.00
Community spouse Minimum Monthly Maintenance Needs Allowance (MMMNA)	$4,066.50

These figures are updated each year, so the numbers that apply depend on when the application is filed. How they work for your household depends on the couple's total resources and income. We go through the calculation with you before an application is filed so you know what the spouse at home can expect to keep.

Medicaid Asset Protection Trusts (MAPTs)

For Bronx families planning ahead, a Medicaid Asset Protection Trust often comes up. A MAPT is an irrevocable trust that holds assets such as a home or investments. The goal is that once the look-back period has passed, those assets are not counted as the applicant's own. Our New York MAPT guide explains how these trusts work in more detail.

Points we review with every client considering a MAPT:

• Timing. Moving assets into the trust is a transfer that falls within the 60-month nursing-home look-back. A MAPT works well when it is set up well before care is expected.
• Proper signing. Under EPTL 7-1.17, a New York lifetime trust must be in writing. It must be signed and acknowledged by the creator and at least one trustee (unless the creator is the sole trustee), or signed in front of two witnesses. Amendments follow the same formalities.
• Funding. Under EPTL 7-1.18, a trust is valid only to the extent assets are actually transferred into it. A statement in the document that assets belong to the trust does not move them. A deed, an account retitling, or another transfer has to be completed.
• Control and access. An irrevocable trust means giving up some control. Before anything is signed, we explain what you keep, what you give up, and who should serve as trustee.

A MAPT is not the right fit for everyone. If care is needed soon, other steps, including the spousal protections above, may matter more.

Trusts for a Family Member With a Disability

Some Bronx families are also caring for an adult child or another relative with a disability. New York and federal law allow certain trusts that do not disqualify the beneficiary from Medicaid, including:

• First-party supplemental needs trusts for a person under 65 with a disability. The trust is set up by the individual, a parent, a grandparent, a guardian, or a court, and the State is paid back at the beneficiary's death (Social Services Law § 366(2)(b)(2)(iii)(A); 42 U.S.C. § 1396p(d)(4)(A)).
• Pooled trusts managed by a nonprofit association, with a separate account for each beneficiary (Social Services Law § 366(2)(b)(2)(iii)(B); 42 U.S.C. § 1396p(d)(4)(C)).

We can review whether either type fits your family's situation.

Powers of Attorney and Health Care Proxies

Medicaid planning usually needs someone who can act for the person needing care: signing applications, gathering bank statements, and moving or retitling assets. Without the right documents, a family may have to go to court for a guardianship.

• Power of attorney. New York's statutory power of attorney form is governed by General Obligations Law § 5-1501B, in its current form effective October 25, 2023. The form must be signed, dated, and acknowledged, and also signed by two witnesses (the notary may be one of them). The agent must also sign and acknowledge. If Medicaid planning is a goal, the document should give the agent the powers that planning needs.
• Health care proxy. Under Public Health Law § 2981, a health care proxy is signed in front of two adult witnesses. The person named as agent cannot be a witness.

These documents matter beyond the application. In a guardianship case, Mental Hygiene Law § 81.03(e) counts powers of attorney, health care proxies, and trusts as “available resources” the court must consider, and the court must look for the least restrictive form of help. Having these documents in place can help a family avoid a guardianship proceeding.

How We Work With Bronx Families

Every case is different, but our process usually includes:

• A first conversation about the person's health, current or expected care, family situation, and goals.
• A review of assets and income, including the home, bank and investment accounts, retirement accounts, and any transfers made in the past five years.
• A written plan that lays out the options and the trade-offs of each. Options may include a MAPT, spousal protections, updated powers of attorney and health care proxies, or a supplemental needs trust.
• Carrying out the plan: drafting documents, signing them with the required formalities, and making sure trusts are actually funded.

We are careful about what we promise. The government agency decides Medicaid eligibility, and rules and figures change. We explain the law as it stands today and point out what is still pending.

Medicaid Planning and Your Bronx Estate

Long-term care planning and estate planning overlap. A Medicaid plan should fit with your will, any trusts, and what you want to leave to your family. When a Bronx resident dies, the estate is generally handled in the Bronx County Surrogate's Court at 851 Grand Concourse. Our Bronx probate attorney page covers the estate side of our Bronx practice.

Speak With a Bronx Medicaid Planning Attorney

Whether a parent is entering a nursing home this month or you want to plan years ahead, talking to a lawyer early gives you more options. Call (212) 518-3868 or request a Free Consultation with Schwartsman Law Group.