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Elder Law · Long-Term Care Planning

Long-Term Care Planning for Families Protecting Assets in Manhasset

Marchese & Maynard, LLP helps Manhasset families navigate Medicaid eligibility assessments, asset protection trusts, and incapacity planning when aging parents need long-term care. Our attorneys coordinate powers of attorney, special needs trusts, and conservatorship matters across Nassau County, guiding families through New York's complex elder law requirements.

Long-Term Care Planning essentials at Marchese & Maynard, LLP
What to Expect

What Elder Law Covers and How It Protects Vulnerable Seniors Today

Most families discover they need elder law help when a parent's capacity is already compromised, and the five-year look-back clock has been running unnoticed. The documents that prevent crisis must be signed before the crisis arrives.

  • Medicaid Eligibility Assessment: We model look-back exposure and penalty calculations.
  • Asset Protection Trusts: MAPTs preserve homes while starting the seasoning clock.
  • Decision-Making Authority: POA and health care proxy prevent Article 81 guardianship.
  • Elder Abuse Prevention: We identify financial exploitation patterns and intervene early.
  • MLTC Authorization: UAS-NY assessments determine authorized home care hours.
Long-Term Care Planning planning at Marchese & Maynard, LLP
The Difference

The Hidden Document Gap That Turns Estate Plans Into Probate Disasters

If you have ever watched a parent sign a power of attorney at the kitchen table and felt relief that the hard conversation was over, you already understand the gap. The document exists. The bank rejects it three years later because the signature page is missing or the notary stamp is illegible.

The document that fails is usually the one nobody tested while the signer still had capacity. We have watched families discover that a valid power of attorney means nothing if the institution holding the account has never seen it and decides at 4:45 p.m. on a Friday that the format is unacceptable.

  • Execution Standards: Notarization, witness signatures, and HIPAA releases aligned.
  • Bank Pre-Clearance: Financial institutions review documents before crisis hits.
  • Funding Verification: Asset retitling completed, not just trust drafted.
Long-Term Care Planning counsel in Manhasset
How It Works

Built for Lasting Performance Under Real-World Pressure

Before committing to this, one thing is worth saying plainly: the document that works today can fail tomorrow if the bank changes its internal policy or the care facility refuses to honor a clause nobody tested. We have watched families discover that a valid power of attorney means nothing if the institution receiving it applies a stricter standard than the statute requires, and by then the signer lacks capacity to execute a new one.

The trust that preserves the home starts a five-year look-back clock, and most families do not realize that clock resets with every uncompensated transfer, meaning a single gift to a grandchild three years in can push eligibility back to year eight. The planning that holds is the planning that accounts for what the family will actually do, not what they promise to stop doing. Nobody talks about the resets.

Long-Term Care Planning outcomes for Nassau County families
When Plans Change

The Key Benefits of Elder Law That Protect Homes and Spousal Income

Medicaid eligibility in Nassau County is budget engineering, not form completion. Families that plan before crisis preserve homes, protect spousal income, and avoid penalty periods that force months of private pay.

  • Home Preservation Through MAPTs: Irrevocable trust funding starts the seasoning clock while maintaining tax basis and trustee oversight.
  • Spousal Income Protection: CSRA and MMMNA modeling ensures the community spouse retains income and resources without disqualification risk.
  • MLTC Authorization Alignment: UAS-NY assessments determine authorized hours; pooled trusts route surplus income to maintain eligibility compliance.
  • Decision Authority Without Court: Valid POA and health care proxy prevent Article 81 guardianship when capacity fades unexpectedly.
Our Partners

Counsel rooted in Manhasset, trusted across the North Shore.

Two partners. One standard of care. Every plan is drafted, reviewed, and signed under their direct guidance.

Portrait of Paul P. Marchese, partner at Marchese & Maynard LLP
Partner

Paul P. Marchese

A trusted counselor to North Shore families for more than three decades, Paul guides clients through estate planning, trusts, and probate with the patience and precision that complex family wealth demands.

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Portrait of Robin S. Maynard, partner at Marchese & Maynard LLP
Partner

Robin S. Maynard

Robin brings decades of experience and a client-centered approach to elder law, Medicaid planning, and guardianship matters, advocating for families during the most consequential transitions of their lives.

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Client Stories

Families who can finally rest easy.

★★★★★4.7 Google rating
Verified Google Reviews
Read all 27+ on Google
★★★★★
Robin and Paul walked our family through a trust restructure after my father's stroke. They explained every clause in plain language and the Nassau County Surrogate filings closed without a single delay.
Elizabeth H.via Google
★★★★★
We finally have a real estate plan, not a binder collecting dust. The team made sure our co-op shares were actually transferred into the trust. Worth every minute of the consultation.
Michael D.via Google
★★★★★
After two other attorneys gave us conflicting Medicaid advice, Marchese and Maynard laid out the lookback timeline on paper and built a plan that protected our home. Calm, precise, and patient.
Susan R.via Google
★★★★★
Probate could have been a nightmare. They handled the executor paperwork, creditor notices, and a contested distribution without us ever having to argue with family. Genuine pros.
Anthony P.via Google
★★★★★
Paul drafted our wills, healthcare proxies, and powers of attorney in a single afternoon, and the bank accepted the POA without a single follow up call. That alone tells you they know what they are doing.
Christine M.via Google
★★★★★
Trusted, local, and responsive. Robin took my call on a Friday afternoon when I was panicking about my mother's nursing home admission. By Monday we had a clear plan and the right documents in motion.
Joseph V.via Google
Frequently Asked

Questions, answered plainly.

What is the average cost of an elder law attorney?

Hourly rates in the New York area typically range from a few hundred dollars per hour for routine consultations to higher rates for contested proceedings or court representation. Medicaid planning engagements often use flat fee structures that cover asset analysis, trust drafting, and application preparation as a package. Guardianship petitions, elder abuse intervention, and litigation matters usually bill hourly because the scope cannot be predicted at intake. Retainer amounts vary based on whether the matter involves document review alone or requires court filings, agency hearings, or multi-party negotiation.

What are the biggest elder law mistakes?

Families wait until a parent can no longer sign. That single delay converts what should have been a kitchen-table document execution into a court-supervised guardianship proceeding that costs more, takes longer, and strips the family of control. We review capacity early, while the parent can still participate in decisions about their own future. Another pattern: assuming a power of attorney signed in 2008 will work at a 2025 bank. Financial institutions change their internal acceptance standards without notice. We pre-clear documents with the institutions that will actually need to honor them, so the authority exists when the crisis arrives. The third mistake is structural. Families treat Medicaid eligibility as something you apply for when care starts. The look-back period runs years deep. Asset transfers made without professional modeling trigger penalties that delay coverage exactly when it is needed most.

We walk families through the timing, the document standards, and the asset repositioning sequence before the need becomes urgent. The work is not about filling out an application. It is about building a structure that functions under pressure, in real time, with real institutions.

What exactly is elder law?

Elder law is a legal practice focused on aging, incapacity, and end-of-life planning that addresses Medicaid qualification, asset protection, decision-making authority, and care coordination. Effectiveness depends on timing, document execution standards, and alignment between estate plans and public benefit rules.

Elder law sits at the intersection of estate planning, public benefits qualification, and incapacity protection. It is not a single statute or filing type. The practice addresses how assets transfer, who makes decisions when capacity fades, how care gets funded without liquidating a home, and what happens when family members disagree about next steps. At Marchese & Maynard, LLP, we handle the full spectrum: Medicaid applications that require look-back analysis, irrevocable trust funding that starts eligibility clocks, powers of attorney drafted to survive bank scrutiny, and guardianship alternatives that keep families out of court.

  • Public Benefit Intersection: Estate plans that ignore Medicaid transfer rules create disqualifying gifts. We model penalty periods before any asset moves, ensuring preservation strategies align with eligibility windows rather than triggering avoidable delays.
  • Incapacity Planning Beyond Documents: A signed power of attorney means nothing if the bank rejects it or the healthcare proxy lacks HIPAA language. We pre-clear documents with financial institutions and medical providers, verifying acceptance before crisis hits.
  • Care Coordination and Authorization: Managed long-term care eligibility depends on UAS-NY assessments that determine authorized hours. We guide families through the authorization process, align pooled trust funding with surplus income rules, and ensure care plans match what Medicaid will actually cover.
  • Elder Abuse and Exploitation Response: Financial exploitation often appears as unexplained withdrawals, sudden deed changes, or new powers of attorney signed under pressure. We identify these patterns early, petition for protective orders when necessary, and work with adult protective services to intervene before assets disappear.
When should you hire an elder law attorney?

The right moment is before the crisis forces a reactive filing. If a parent is still competent but showing early cognitive decline, that window allows us to execute powers of attorney, fund irrevocable trusts, and begin the look-back seasoning period while choices still exist. Wait until capacity is gone, and the family faces a guardianship petition instead. If long-term care is on the horizon within the next few years, we model spend-down scenarios and penalty exposure now, not after the nursing home admission when asset transfers trigger disqualification. Anyone who has watched a sibling empty a parent's account or a facility bill drain home equity in six months already knows the cost of waiting.

We also step in when existing estate plans were drafted decades ago and never stress-tested against current Medicaid rules, bank policies, or family dynamics. The documents may be signed, but if the financial institution rejects the power of attorney or the trust was never funded, the plan fails exactly when it is needed most.

Marchese & Maynard, LLP works with families in the Manhasset area who are navigating these transitions. We assess where a client stands in the eligibility timeline, what protective steps are still available, and which documents need immediate attention.

Areas We Serve

Service Area Coverage for Elder Law

Marchese & Maynard, LLP serves families throughout Manhasset and surrounding Nassau County communities, providing elder law guidance directly at clients' homes or preferred meeting locations. From Great Neck to Port Washington, the team reaches Long Island families via Northern Boulevard, the Long Island Expressway, and Shelter Rock Road, meeting clients where they are most comfortable. Initial consultations typically include a five-year financial review and capacity assessment, conducted at the client's residence or care facility to accommodate mobility limitations and family schedules.

The firm coordinates with Nassau County care facilities, financial advisors, and family members across multiple locations to complete trust funding and Medicaid applications without requiring clients to travel during stressful transitions.

Service area coverage

  • Serving Manhasset, Great Neck, Port Washington, Roslyn, and surrounding Nassau County communities
  • Accessible via Northern Boulevard, Long Island Expressway, Shelter Rock Road, and Port Washington Boulevard
  • Coverage extends east to Roslyn Heights and west to Great Neck Estates along the North Shore corridor
  • Medicaid planning, trust drafting, and guardianship consultations conducted at clients' homes
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Your initial meeting is structured to complete a full asset inventory and goals discovery in a single, unhurried session.

(516) 869-1111
Office1305 Franklin Avenue, Manhasset, NY

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