SYRACUSE, NY – Families throughout Central New York face complex decisions when planning for aging parents or managing their own future care needs, particularly regarding Medicaid eligibility and long-term care costs. Syracuse elder law attorney Frederick P. Davies of Davies Law Firm (https://davieslawfirm.com/syracuse-elder-law-attorney/) guides families through Medicaid planning, guardianship proceedings, and estate planning matters that affect seniors’ financial security and healthcare rights.

According to Syracuse elder law attorney Frederick P. Davies, nursing home care in Central New York typically costs between $10,000 and $15,000 per month, quickly depleting retirement savings for families paying privately. Medicaid covers long-term nursing home care for individuals who meet strict financial eligibility requirements, but New York’s five-year look-back period examines all financial transactions before application. “Many families make costly mistakes during spend-down, such as gifting assets to children or making large purchases that don’t help qualification,” explains Davies.

Syracuse elder law attorney Frederick P. Davies emphasizes that proper planning can preserve assets while ensuring access to quality care. In New York, a single person applying for nursing home Medicaid in 2026 through the Medically Needy Pathway can keep only $32,396 in countable assets and $50 per month in income. Married couples face different rules under the Community Spouse Resource Allowance, which allows the spouse remaining at home to retain up to $162,660 as of 2026.

Attorney Davies notes that several legal strategies can help prevent unnecessary spend-down of assets while still qualifying for Medicaid. These strategies work best when implemented before needing nursing home care, ideally five years in advance. Spousal protections allow the community spouse to keep certain exempt assets including the homestead and one vehicle of any value, plus all retirement accounts in their own name. “The Community Spouse Resource Allowance provides critical protections for the spouse remaining at home,” Davies adds.

Davies advises that Medicaid-compliant annuities can convert countable assets into an income stream that doesn’t affect eligibility when structured properly under New York Social Services Law Section 366. Spend-down on exempt assets allows families to reduce countable assets legally through permitted expenses including home repairs, accessibility modifications, prepaid burial arrangements, and unreimbursed medical expenses. Personal service contracts compensate family members for providing care services that would otherwise require paid caregivers, though these agreements must be in writing and signed before care begins.

The firm handles Medicaid planning matters throughout Onondaga County and works directly with the Onondaga County Department of Social Services. The Medicaid application process requires gathering extensive financial documentation including five years of bank statements, investment account statements, life insurance policies, and property deeds. Applications typically take 45 to 90 days for review, though incomplete applications can take considerably longer.

Davies has delivered more than 1,000 presentations on Medicaid planning, estate planning, and elder law topics since founding Davies Law Firm in 1993. “Waiting until a crisis occurs limits the options and may result in unnecessary asset spend-down or delays in obtaining the necessary authority to act,” he observes. His military background as a Judge Advocate General officer and decades of experience handling complex cases make him particularly effective at addressing international estate matters and intricate guardianship proceedings.

William P. Davies, also an attorney with the firm, emphasizes the importance of establishing powers of attorney and healthcare directives while individuals have legal capacity. These documents must be created before any signs of cognitive decline, as New York law requires capacity at the time of signing. A durable power of attorney allows a designated agent to manage financial decisions, pay bills, and handle tax matters if someone becomes incapacitated, avoiding costly guardianship proceedings. “Once dementia or Alzheimer’s disease impairs the ability to understand legal documents, the ability to execute valid powers of attorney may come into question,” William Davies notes.

Special needs trusts allow families to provide financial support for disabled individuals without disqualifying them from government benefits like Supplemental Security Income and Medicaid. According to 42 U.S.C. Section 1396p(d)(4), properly structured special needs trusts do not count as available resources for Medicaid or SSI purposes. First-party trusts must include a Medicaid payback provision, while third-party trusts established by family members offer more flexibility in distributing remaining assets after the beneficiary’s death.

For families throughout Central New York facing decisions about Medicaid planning, guardianship, or addressing elder abuse, consulting with an experienced elder law attorney may help protect financial security and ensure access to necessary care. Davies Law Firm provides guidance on asset preservation strategies, incapacity planning documents, and guardianship proceedings in Onondaga County Surrogate’s Court.

About Davies Law Firm:

Davies Law Firm is a Syracuse-based law firm dedicated to elder law, Medicaid planning, estate planning, and guardianship matters. Led by attorneys Frederick P. Davies and William P. Davies, the firm has guided Central New York families through complex legal and financial challenges related to aging for decades. The firm serves clients throughout Onondaga County and Central New York. For consultations, call (315) 472-6511.

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Company Name: Davies Law Firm
Contact Person: Frederick P. Davies
Email: Send Email
Phone: (315) 472-6511
Address:210 E Fayette St
City: Syracuse
State: New York 13202
Country: United States
Website: https://davieslawfirm.com/