Warshaw Burstein LLP | Elder Law and Special Needs Planning
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Elder Law and Special Needs Planning

Our Elder Law Group takes a caring approach to the diverse needs of aging individuals and their families. We focus on the legal issues impacting baby boomers and their elderly parents. 

This dedicated practice helps individuals to protect their assets, minimize their health care costs, and determine their eligibility for government benefits, including Medicaid to offset the high cost of long-term care. We also plan for individuals with special needs and help their families successfully navigate within the constantly changing economic and regulatory environment.
Health care is one of the most highly regulated industries. The statutes, regulations and policies that focus on health care programs and insurance are complex and continuously changing. Our Elder law attorneys have an exceptional level of experience, knowledge and understanding of this complex area of law.
We offer effective, comprehensive legal counsel to help clients use estate planning techniques to protect and pass on legacies in a tax efficient way while navigating the long-term care health system to obtain the services they need from both private insurance, self-pay and government benefits.
Some of Our Services
  • Establish eligibility for Medicaid;
  • Prepare and file Medicaid Applications for home care and nursing home care;
  • Advise on the types of Medicaid home care plans in New York state:
Personal Care Services (PCS), Certified Home Health Agency Services (CHHAs), Consumer Directed Personal Assistance Program Services (CDPAP), Private Duty Nursing or LPN services, Waiver Programs, Lombardi, Traumatic Brain Injury (TBI) Nursing Home Transition & Diversion Waiver (NHTDW), Managed Long Term Care (MLTC), and Hospice
  • Prepare Medicaid conversion applications;
  • Prepare Medicaid reimbursement claims; and
  • Represent individuals in administrative fair hearings and managed long term care appeals.
Asset Protection Planning
  • Draft Irrevocable Medicaid Asset Protection Trusts (MAPTs);
  • Draft Supplemental Needs Trusts (SNTs);
  • Assist with trust finding, asset transfers and beneficiary forms;
  • Prepare Pooled Income Trust applications;
  • Draft caregiver compensation agreements;
  • Draft leases;
  • Calculate Deficit Reduction Act (DRA) of 2005 compliant promissory notes;
  • Work with financial professionals on asset protection planning; 
  • Work with insurance professionals to incorporate long-term care insurance and life insurance into an estate plan;
  • Review irrevocable Medicaid trusts for compliance with HUD Handbook 4235 (Rev-1) to obtain a reverse mortgage on trust owned property;
  • Counsel trustees on trust management for revocable living trusts and irrevocable Medicaid trusts; and
  • Tax planning.
Healthcare Planning and Consumer Advocacy
  • Prepare Advance Directives, including Powers of Attorney, Health Care Proxies, Living Wills, HIPPA Forms and Disposition of Remains Forms;
  • Hospital discharge advocacy;
  • Assistance with nursing home admissions; 
  • Review of admissions agreements for Assisted Living Facilities and Nursing Homes;
  • Medicare Appeals for Notice of Medicare Non-Coverage (NOMNC);
  • Review and discuss health insurance;
  • Develop care plans with geriatric care managers to help seniors age in place;
  • Housing alternatives for seniors; and
  • Advise on guardianships for adults who lack capacity.
Legal opinions on all Elder Law matters