Elder Law News
From Enea, Scanlan & Sirignano, LLP May 2025
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New York's Elder Law Team
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Somers Office Grand Opening Celebration
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A heartfelt thank you to everyone who joined us in celebrating the grand opening of our new Somers office! We’re proud to expand our presence and provide even more convenient access to trusted elder law and estate planning services for families across Northern Westchester, Putnam, and Dutchess Counties.
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Has the No Lookback for Home Care Medicaid in New York Run Its Course?
By: Anthony J. Enea, Esq.
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When the state of New York passed legislation in 2020 creating a thirty (30) month lookback (ineligibility period) for uncompensated transfers of assets (gifts) for the Medicaid home care program, no one could have imagined that almost five (5) years later the law would not yet be made effective. While an uncompensated transfer still creates a five (5) year lookback period for institutional Medicaid (nursing home), those seeking home care services paid by the Medicaid program have been able to transfer their assets (uncompensated transfers/gifts) to an Irrevocable Medicaid Asset Protection Trust (MAPT) or others without any impact on their eligibility for Medicaid home care.
However, in recent months, the home care Medicaid program in New York has received significant scrutiny from Governor Hochul’s administration. One significant change is that as of May 15, 2025, New York is mandating that all consumers in the CDPAP Program switch from their current fiscal intermediary to a single provider: Public Partnerships, LLC (PPL). CDPAP is the program which allows someone selected by the applicant (other than the applicant’s spouse) to be the home care aide for the applicant. The aide chosen by the consumer is then paid by Medicaid for the hours Medicaid approves. Prior to this change, the consumer had more than 600 fiscal intermediaries from which to choose ; these fiscal intermediaries were required to close by May 15, 2025.
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Is it Ever a Good Time to Divulge Your Finances to Your Family?
By: Stella King, Esq.
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It is understandable to want to maintain the privacy of your estate plan and finances. Yet, failing to disclose this crucial information to your loved ones before you become ill, incapacitated, or pass away can lead to a myriad of problems that could have been prevented.
For example, when a parent neglects to divulge their finances to their children before suffering a debilitating illness, the children will be unable to determine whether income and assets are available to pay for the parent’s healthcare expenses—is there a whole life insurance policy that could be borrowed against, retirement accounts that could be liquidated, or savings accounts that could be utilized to pay for the cost of a home care aide, rent at an assisted living facility, or room and board at a skilled nursing facility? Furthermore, the children will not be able to establish whether their parent is or could become financially eligible for Medicaid.
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May is Older Americans Month — a time to recognize the wisdom, resilience, and invaluable contributions of older adults in our communities. At Enea, Scanlan & Sirignano, LLP, we’re proud to offer trusted legal guidance through every stage of life.
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Upcoming Speaking Engagements
Featuring the Attorneys of Enea, Scanlan & Sirignano, LLP
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Tuesday, May 20, 2025 from 7:00-8:00pm Stella King, Esq. will be speaking on “What is a Power of Attorney and Why Do I Need One?” Hosted by: The Warner Library | Webinar This program is open to the public. For more information or to register, visit: https://tinyurl.com/5yp8cn3m
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Thursday, May 22, 2025 from 7:00-8:30pm Sara E. Meyers, Esq. will be speaking on “Protecting Against Financial Elder Abuse and Senior Scams” Hosted by: Chappaqua Continuing Education | In Person: Chappaqua This program is open to the public ($30 | free for Chappaqua seniors). For more information or to register, visit: https://tinyurl.com/yc4j5r73
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Monday, June 2, 2025 from 1:00-2:00pm Lauren C. Enea, Esq. will be speaking on “Protecting Against Elder Abuse and Senior Scams” Hosted by: Scarsdale Public Library In Person: 54 Olmsted Rd, Scarsdale, NY 10583 This program is open to the public. For more information or to register, visit: https://tinyurl.com/mta8j458
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Tuesday, June 10, 2025 from 12:00-1:00pm Anthony J. Enea, Esq. will be speaking on “Gray Divorce: Estate & Medicaid Planning Implications in New York” Hosted by: Lawline Webinar This program is appropriate for the legal community. For more information or to register, visit: https://tinyurl.com/5n8u7jy2
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Tuesday, June 24, 2025 from 7:00-8:00pm Stella King, Esq. will be speaking on “Planning Considerations for New York's New Medicaid Eligibility Requirements for Long-Term Care” Hosted by: The Warner Library Webinar This program is open to the public. For more information or to register, visit: https://tinyurl.com/4e37eysb
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Wednesday, June 25, 2025 from 3:00-5:00pm Lauren C. Enea, Esq. will be speaking on “Life Transitions and the Unexpected” Hosted by: The Bristal at Armonk In Person: 90 Business Park Drive, Armonk, NY 10504 This program is open to the public. For more information or to register, call (631) 372-2272.
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The Talking Seniors podcast is currently on break.
Take a listen to some of the episodes from last season.
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Episode 13: What to Discuss with Family When an Alzheimer's Diagnosis Occurs
Anthony J. Enea, Esq. interviews Joan Nimmo of The Alzheimer's Association about the important conversations that are necessary when a diagnosis of Alzheimer's occurs within the family.
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