Shannon Macleod, P.C.

Medicaid Eligibility

At the present time, the average monthly cost of a nursing home is $13,834 on Long Island. Any Medicare or supplemental insurance coverage that you may have will only cover up to approximately three months of nursing home care. Where does this leave your loved one if he has no long-term care insurance? Medicaid is a program for New York State residents who cannot afford to pay for the high cost of medical care.

Your loved one may need care but a nursing home may not be the most appropriate setting for her. In that case, in New York State, there is community Medicaid coverage which can cover personal care aide services within your home. Community Medicaid coverage may also be available for assisted living care in specified assisted living programs. You should research all of these available options for your loved one before any decisions are made.

The Medicaid program does have income and resource limits as conditions of eligibility. Furthermore, an application for nursing home care will require a 60 month history on all bank and security accounts since any transfers made during this period will affect eligibility. To determine whether you or your loved one meets the requirements of the Medicaid program, or how you or your loved one may meet the requirements in the very near future, it is wise to seek the advice of an elder care lawyer with a Medicaid background.

Advanced Planning Documents

Everyone, regardless of age and current health status, should consider preparing and executing a Health Care Proxy, Power of Attorney and Last Will & Testament. Our office will carefully explain each document to you, discuss your wishes, and prepare and oversee the execution of these documents. We guarantee that having these documents in place will give you and your loved ones an immediate sense of security.

Estate Planning & Administration

Probate administration does not have to be a lengthy and/or costly process. We counsel our clients daily on how to protect their estate during their lifetime and we represent their representatives upon their passing to ensure their wishes are carried out. Our staff is adept at seeing our clients through the court process as seamlessly as possible.

Asset Protection

Asset Protection for Medicaid purposes is the practice of protecting your assets by transferring them to another person or to a trust in line with the Medicaid regulations and still qualify for Medicaid benefits. Certain transfers of assets may be considered "compensated" or "uncompensated", "permissible" or "impermissible" and "exempt" or "non-exempt" for Medicaid purposes.

It is advisable to work with a lawyer experienced in the Medicaid area who can assist you in rearranging your assets to make you eligible for Medicaid as soon as possible.

Nursing Home Placement

You and your loved one are approached by a hospital social worker with the information that everyone always dreaded. Your loved one needs continuing in-patient care in a nursing home. Or, maybe after you and your family have gone to great lengths to avoid having to place your loved one in a facility, placement becomes inevitable. What do you do next? Where do you even start?

The decisions that your loved and your family will immediately encounter are going to be traumatic and difficult for everyone involved. This is not easy; however, the decisions made will sit better with everyone involved if the proper steps are taken to make the transition to a nursing home as comfortable as possible. My suggestions are as follows:

  1. Be sure to open up diaolgue with your loved one. You will want to know what would make her most comfortable in this process. Make sure to let her know she is in control of the situation.
  2. Do at home research for possible facilities. The New York State Department of Health's website ( can help you search for a facility in a particular area, provides a profile of each nursing home in NYS and allows you to see the facility's most recent survey results. Similar information can also be found on Medicare's website at
  3. Arrange for a tour of any facility of interest. Ask alot of questions to eliminate surprises.
  4. The Admissions staff at the facility will question you about your loved one's coverage and/or ability to pay the the anticipated bill. At this point, you may want to discuss with your loved one getting an attorney involved.

Residential Real Estate

Buying or selling your home? Our office will provide you with personal attention during this process. We take the time to make sure that you understand the process and are protected during this major life event. Considering transferring your home for protection purposes to your children? your spouse? A loved one? Let us assist you in making the right decision; One that protects all parties involved.