Unlocking Senior Resources Presented By: Leave the Key

Elder Law & Medicaid: Protecting the Mass Affluent


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In today’s episode, I sit down with Renata Landskind and Terence Ricaforte of Landskind & Ricaforte Law Group, P.C. to discuss why Medicaid planning isn't just for the impoverished, but a vital "life planning" tool for the middle class. Renata and Terence expose the common misconceptions that keep families from protecting their legacy, explaining why waiting for a medical crisis to strike is the most expensive mistake a senior can make.

Throughout our conversation, we break down the strategies of the "mass affluent"—families with assets between $1M and $5M who are often caught in the middle: too wealthy for automatic aid, yet vulnerable to being wiped out by long-term care costs. We dive deep into the mechanics of Medicaid Asset Protection Trusts, the critical nuances of the Elder Law Power of Attorney, and how to navigate the 5-year look-back period. This episode serves as a roadmap for families who want to ensure their hard-earned assets go to their children rather than being exhausted by nursing home bills.

  • 00:00 Intro & Guest Background

  • 05:30 Defining the "Mass Affluent"

  • 10:15 Long-Term Care Insurance Trends

  • 14:45 Medicaid Asset Protection Trusts (MAPT)

  • 20:10 New York Medicaid Income Limits

  • 26:50 The Psychology of Inheritance: The "Consolation Prize"

  • 33:15 The "Broken Hip" Trigger & The Death Spiral

  • 40:00 Look-Back Period & Penalty Months

  • 48:20 Essential Elder Law POA vs. Standard POA

  • 55:10 Coordinating the Will & POA to Avoid Litigation

  • 01:03:00 How to Contact Landskind & Ricaforte

  1. Planning is for the "Mass Affluent": Families with assets between $1M and $5M are the most at risk. Proper planning allows you to bridge the gap between your income and the high cost of quality care.

  2. The "Elder Law" POA is Critical: A standard Power of Attorney is often a liability in a crisis. You need a document that specifically allows for unlimited gift-giving and trust creation to protect assets at the eleventh hour.

  3. Trusts Are More Flexible Than You Think: "Irrevocable" doesn't mean "unchangeable." Under New York law, these trusts can be revoked with beneficiary consent, and you retain the power to change your trustees at any time.

  4. The 5-Year Clock is Your Friend: The best time to protect your home and savings is while you are healthy. Starting the 5-year look-back clock early ensures that your assets are "invisible" to Medicaid when you eventually need care.

  5. Inheritance Has a Quality of Life Value: Giving to your children earlier in life often provides more utility than a larger inheritance when they are already in their 70s. Proper planning facilitates this "living legacy."

Landskind & Ricaforte Law Group, P.C.:

  • Website: ricafortelaw.com

  • Phone: 718-333-5007

  • Resources: Free Elder Law e-books and educational videos available on their site.

Learn about Leave The Key Homebuyers Senior Transition Service:

  • Website: leavethekey.com/seniors

  • Phone: (631) 388-7771

Medicaid planning is ultimately about maintaining dignity and choice in your final years. If this episode helped you understand how to protect your home or clarified the "look-back" confusion, please subscribe, leave a review, and share it with someone planning for the future. Don't wait for the fall to start the plan.

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Unlocking Senior Resources Presented By: Leave the KeyBy Leave The Key