Elder Law News
From Enea, Scanlan & Sirignano, LLP
June 2026
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New York's Elder Law Team
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What Is Spousal Refusal and How Can It Help Me Financially Qualify for Medicaid?
By: Stella King, Esq.
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Medicaid is a valuable resource to consider when faced with the prospect of financing the cost of long-term care. Yet, many are under the impression that Medicaid is only available for those who are indigent and, as a result, resort to exhausting their hard-earned life savings to cover the expense of a home care aide or a stay at a skilled nursing facility. It is true that there are asset and income limits that must be met to financially qualify for Medicaid, but this is not the end of the discussion. There are a multitude of ways that one can become eligible, even when one’s income and/or resources exceed the Medicaid threshold. One of these options is known as “Spousal Refusal” (SR).
While the term may sound harsh, SR is a Medicaid planning strategy that allows an “ill” spouse whose resources exceed the Medicaid financial eligibility limit to transfer assets to a “well” spouse in order to financially qualify for Medicaid. When the ill spouse applies for Medicaid, an SR form is signed by the well spouse and submitted with the application. The form states that the well spouse refuses to contribute their income and/or resources toward the cost of the ill spouse’s medical and non-medical care, thereby allowing the ill spouse to receive Medicaid benefits.
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A Medicaid Asset Protection Trust Does Much More than Just Protect Assets for Medicaid Eligibility
By: Anthony J. Enea, Esq.
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Over the last thirty years, the Medicaid Asset Protection Trust (MAPT) has been the primary vehicle used to shelter assets from the cost of long term care and allow the creator(s)/grantor(s) to access the Medicaid program once the look back period (ineligibility period) has expired. As of this writing, there is a sixty (60) month look back period for Nursing Home Medicaid in New York. Presently, there is no look back for the home care Medicaid (Community Medicaid) program in New York. However, if and when the enacted law is implemented, the look back period will be thirty (30) months for home care Medicaid.
While the above is generally the primary reason a MAPT is utilized, the following are additional benefits the creator(s) of a MAPT will reap:
The assets transferred to a MAPT are protected against the claims of the creditors of the creators and the beneficiaries of the trust, unless the creator(s) knew of a claim or potential claim against them at the time the trust was created and funded. If they knew of the claim the transfer of assets to the trust could be deemed a fraudulent conveyance subject to the claims of their creditor(s).
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Enea, Scanlan & Sirignano, LLP was proud to support Pace Women's Justice Center’s Cocktails for a Cause 2026, an inspiring evening dedicated to advancing the organization’s vital mission. Attorneys Lauren C. Enea, Esq., Sara Meyers, Esq., Stella King, Esq., and Samantha Lyons, Esq. enjoyed connecting with fellow supporters and community leaders while celebrating the impactful work of the Justice Center.
The firm was honored to serve as a "Shifting Shores" sponsor and mark its tenth year of involvement with this meaningful event. In addition, Lauren, Stella, and Samantha served on the event’s Host Committee.
The Pace Women’s Justice Center provides free legal services to victims and survivors of domestic violence, sexual assault, and elder abuse throughout Westchester and Putnam Counties. Through its work, PWJC helps individuals navigate complex legal matters involving divorce, custody, support, financial exploitation, public benefits, and housing.
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Congratulations to firm partner Stella King, Esq. on her selection to serve on the White Plains Bar Association's Board of Directors. Stella was recently sworn in at the organization’s Past President’s Luncheon and Annual Meeting. The firm is proud to recognize this well-deserved appointment and looks forward to her contributions in this leadership role.
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Upcoming Speaking Engagements
Featuring the Attorneys of Enea, Scanlan & Sirignano, LLP
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Tuesday, June 9, 2026 from 6:00-7:00pm
Lauren C. Enea, Esq. will be speaking on
“Protecting Your Assets from the Cost of Long-Term Care”
Hosted by: North Castle Public Library
In Person: 19 Whippoorwill Rd E, Armonk, NY 10504
For more information or to register,
visit: https://bit.ly/4dJzTK7
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Wednesday, June 10, 2026 from 12:00-1:00pm
Anthony J. Enea, Esq. will be speaking on
“Planning Considerations for New York's Medicaid
Eligibility Requirements for Long-Term Care”
Hosted by: NYCPA Manhattan/Bronx Chapter
Webinar
This program is appropriate for financial professionals.
For more information or to register,
visit: https://bit.ly/4d64wYb
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Friday, June 12, 2026 from 2:00-3:00pm
Lauren C. Enea, Esq. will be speaking on
“Estate Planning for Every Age: What You Need to Know”
Hosted by: Scarsdale Public Library
In Person: 54 Olmsted Rd, Scarsdale, NY 10583
For more information or to register,
visit: https://bit.ly/3Nt4QYz
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Wednesday, June 17, 2026 from 12:00-12:50pm
Lauren C. Enea, Esq. will be speaking on
“First Steps After the Passing of a Loved One”
Hosted by: Lawline
Webinar
This program is appropriate for legal professionals.
For more information or to register,
visit: https://bit.ly/4s8J8HC
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Tuesday, June 30, 2026 from 6:00-7:00pm
Samantha A. Lyons, Esq. will be speaking on
“Accountable Aging: Preparing for the Elder Years”
Hosted by: The Ruth Keeler Memorial Library
Webinar
For more information, please contact
our office at (914) 948-1500.
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Tuesday, June 30, 2026 from 7:00-8:00pm
Stella King, Esq. will be speaking on
“What Happens When Someone Dies Without a Will?”
Hosted by: The Warner Library
Webinar
For more information or to register,
visit: https://bit.ly/47ZgLEh
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