Staten Island Elder Law Attorney

Understanding Elder Law: Planning for Life’s Later Stages

Aging brings with it a complex mix of legal, medical, and financial decisions. Elder law is a focused area of legal practice that addresses those challenges — from protecting your home and savings to securing long-term care and making sure your personal wishes are followed.

At Angiuli & Gentile, LLP, we understand that elder law planning isn’t just about preparing for the future — it’s about navigating the present. Whether you’re planning proactively in your 50s or facing an urgent decision for a parent in their 80s, our team is here to help.

We provide comprehensive elder law services to individuals and families throughout Staten Island and the five boroughs of NYC, with the compassion, clarity, and confidence you deserve.

Why Early Elder Law Planning Matters

Avoiding Crisis Planning

Many families wait until a health emergency or sudden cognitive decline forces them to act. Unfortunately, when a crisis strikes, options narrow, and costs increase. Planning before a crisis means you’re in control — not the system.

Benefits of Proactive Legal Planning

1. Preserve assets from high nursing home and assisted living costs
2. Qualify for Medicaid without spending down everything
3. Maintain control over medical and financial decision-making
4. Minimize family stress during challenging transitions
5. Ensure your wishes are followed without court involvement

By planning now, you’re not just protecting your wealth — you’re protecting your legacy, your independence, and your peace of mind.

Full-Service Elder Law Solutions in Staten Island

We provide a broad range of elder law services that work together to address the unique needs of aging individuals and their families. Our legal strategies are tailored, compassionate, and designed to evolve with your circumstances.

1. Long-Term Care Planning: Preparing for the Cost of Aging

Long-term care in New York is more expensive than most people realize — often exceeding $12,000 per month for nursing home care. Medicare does not cover this cost, and private health insurance offers limited support.

How We Help:

• Evaluate your care options: in-home, assisted living, or skilled nursing facilities
• Structure your income and assets to protect savings
• Guide you in setting up trusts or transfers for maximum protection
• Avoid the financial devastation that many families face when care is needed unexpectedly

Planning ahead ensures you have options, rather than being forced into a care situation based solely on what you can afford.

2. Medicaid Planning & Application Support

Medicaid is one of the most valuable tools for covering long-term care costs — but qualifying for benefits is legally complex and highly regulated. A mistake in the application process or an improperly structured asset transfer can result in costly delays, denials, or penalties.

Our Medicaid Services Include:

1. Determining financial eligibility and setting up a compliant spend-down plan
2. Helping with asset restructuring to qualify without unnecessary losses
3. Creating and managing Medicaid Asset Protection Trusts (MAPTs)
4. Filing and tracking your Medicaid application through to approval
5. Representing clients in Medicaid Fair Hearings or appeals when needed

Whether you’re planning years in advance or applying for a parent already in care, we guide you every step of the way.

3. Asset Protection & Financial Preservation

You’ve spent your life building financial security — we help make sure it stays in your family. Our elder law attorneys use legal strategies to protect your wealth from being consumed by health care costs or lost in probate.

We Help You:

• Set up irrevocable or revocable trusts for asset protection
• Shield your home from Medicaid recovery or forced sale
• Preserve assets for a spouse or disabled child
• Use legally compliant strategies that meet Medicaid and tax requirements
• Prepare property transfers that comply with the look-back period rules

Our goal is to give you the tools to age with dignity, without fear of losing what you’ve worked for.

4. Guardianships for Incapacitated Adults

If a loved one becomes unable to make decisions — due to dementia, stroke, or disability — and they don’t have a power of attorney or health care proxy in place, guardianship may be the only option.

What We Do:

• Petition the court for guardianship (emergency or long-term)
• Represent caregivers or family members in contested cases
• Assist with ongoing court filings and fiduciary responsibilities
• Provide guidance to guardians on managing finances and care
• Help families avoid guardianship in the future through proactive planning

We handle these situations with compassion and urgency, ensuring vulnerable loved ones receive the protection they deserve.

5. Estate Planning With a Focus on Aging

Estate planning is the foundation of elder law. It ensures your wishes are followed, your loved ones are protected, and your estate is distributed smoothly after death.

Our Estate Planning Services Include:

• Drafting wills and living trusts
• Establishing powers of attorney for finances and property
• Preparing health care proxies and living wills
• Creating supplemental needs trusts for disabled beneficiaries
• Planning for probate avoidance and minimizing estate taxes

We help you create a clear, comprehensive, and legally sound plan that reflects your priorities and protects your family.

6. Veterans’ Benefits & Aid & Attendance Claims

Veterans and their surviving spouses may qualify for valuable VA benefits, including Aid & Attendance, to help pay for home health care, assisted living, or nursing homes.

We Assist With:

• Determining eligibility based on service history and financial status
• Gathering and filing required documentation
• Coordinating VA benefits with Medicaid and other assistance
• Helping clients apply for VA pensions and supplemental programs
• Managing appeals for previously denied claims

These benefits can be life-changing — but they’re often underutilized because the application process is confusing. We make it easier.

Filing a Medicaid or Elder Benefits Claim

Filing for Medicaid, Aid & Attendance, or other elder benefits requires precise legal documentation and careful compliance with federal and state rules. Even minor errors can result in rejection or costly delays.

Our Filing Services Include:

1. Pre-application eligibility review and analysis
2. Collection of financial statements, deeds, insurance, and medical documentation
3. Completion of all required forms with legal oversight
4. Monitoring application status and resolving issues with caseworkers
5. Representation at hearings or appeals if needed

We take care of the process from start to finish so you can focus on your family — not paperwork.

The Financial Value of Elder Law Planning

You won’t receive a personal injury-style settlement — but elder law planning may be one of the most financially impactful decisions you ever make.

Through strategic planning, our clients often:

• Keep their home and avoid Medicaid estate recovery
• Qualify for thousands in monthly benefits for care
• Protect savings from being spent down unnecessarily
• Ensure loved ones inherit assets instead of facing probate
• Avoid penalties and fines due to noncompliance

The cost of not planning can be catastrophic. The value of doing it right is life-changing.

How Angiuli & Gentile, LLP Supports You

At Angiuli & Gentile, LLP, we go beyond paperwork. We help families plan for aging, protect assets, and make confident legal decisions that align with their values. With nearly 40 years of experience, we are trusted advocates for seniors and their loved ones across Staten Island.

Decades of Elder Law Experience

We’ve been practicing elder law in New York since 1985. Our deep knowledge of Medicaid rules, local courts, and elder care regulations allows us to guide you with precision and confidence — whether you’re planning ahead or responding to an urgent care situation.

Local Knowledge That Matters

From Staten Island Medicaid offices to Surrogate’s Court, we know how local systems work. That insight helps us anticipate issues, avoid delays, and streamline the legal process for you and your family.

Personalized Legal Strategies

No two families are alike. That’s why we take time to understand your unique needs, relationships, and goals. Whether you need a Medicaid Asset Protection Trust or help filing a claim, your plan will be tailored specifically for you.

Full-Service Support

We don’t stop at planning. We provide hands-on help with:

• Long-term care coordination
• Medicaid applications and appeals
• Veterans’ benefits claims
• Guardianships
• Trust and estate administration

We stay with you through every stage — including future updates as your circumstances change.

Compassionate, Client-Focused Care

We understand these conversations can be emotional. You’ll be treated with patience, respect, and kindness. We’re here to answer questions, explain options, and offer support every step of the way.

How to Begin Your Elder Law Plan

1. Reflect on your situation – What are your health concerns, family dynamics, and financial goals?
2. Gather documents – Deeds, financial statements, insurance, and any prior legal documents.
3. Meet with our team – We’ll listen, advise, and explain every option.
4. Implement your plan – We prepare all legal documents and coordinate filings.
5. Review regularly – Life changes, and we’ll help your plan adapt over time.

Frequently Asked Questions About Elder Law & Medicaid Planning

When should I start elder law planning?

It’s never too early to start — but it can be too late. The best time to begin elder law planning is before a crisis occurs, ideally while you or your loved one is still healthy and mentally competent. Early planning provides more legal options, better asset protection, and lower overall costs.

What’s the difference between elder law and estate planning?

Estate planning focuses primarily on what happens to your assets after you pass away. Elder law, on the other hand, includes estate planning but also addresses issues like long-term care, Medicaid eligibility, guardianship, health care decision-making, and asset preservation while you’re still living — especially in later years.

Will I lose my home if I need nursing home care?

Not necessarily. There are several legal strategies to protect your home from being counted as a Medicaid asset or being subject to Medicaid estate recovery after death. Tools like irrevocable trusts, life estate deeds, and spousal exemptions may help you keep your home in the family — even if you require nursing home care.

Can I qualify for Medicaid and still keep some of my assets?

Yes, with proper planning. Medicaid has strict income and asset limits, but there are legal ways to restructure your finances to both qualify for benefits and protect savings. Our attorneys can help you create a compliant spend-down plan and explore exemptions for a spouse, dependent, or disabled family member.

What is the Medicaid 5-year look-back rule?

The look-back period is the five years prior to a Medicaid application during which any transfers of assets are scrutinized. If you transferred assets for less than fair market value during this time, you may face a penalty period during which you are ineligible for Medicaid. This is why early planning is so important.

Contact Angiuli & Gentile, LLP Today

You’ve worked hard. Now it’s time to protect what you’ve built — and ensure your family has peace of mind in the years ahead.

Contact us today to schedule a confidential consultation with an experienced elder law attorney in Staten Island. We’ll guide you every step of the way.