Elder Law Attorneys in Westchester County, New York
Planning for aging often means deciding how to pay for care, who can act for you, and how to provide for your family. Milvidskiy Law Group P.C. helps Westchester families with Medicaid planning, powers of attorney, and other elder law matters. Meet with us at our Tarrytown office by appointment, or by video or phone.
We serve Westchester clients from our Tarrytown office. If you live elsewhere in New York State, see our Elder Law in New York page.
Key Takeaways:
- Westchester follows statewide New York Medicaid rules, but applications, Adult Protective Services, and home care referrals run through the Westchester County Department of Social Services in White Plains.
- Guardianship cases for Westchester residents are generally heard in the Guardianship Part of the Westchester County Supreme Court in White Plains, and a current power of attorney and health care proxy are designed to make them unnecessary in most cases.
- Aging in place in Westchester is often achievable with the right combination of Medicaid home care, county senior programs, and legal documents that let family act from a distance.
Who We Help in Westchester
Westchester elder law matters tend to fall into a few common situations. Couples in their seventies who are healthy today and want to protect a paid-off house and retirement savings before care is ever needed. A spouse whose husband or wife has just been admitted to a rehabilitation facility and is being told the next stop is a nursing home at private-pay rates. Adult children in other states trying to arrange home care for a parent in Westchester. And families who suspect that a caregiver or relative is taking advantage of a parent. Each situation uses different tools, and we start by identifying which ones apply.
Medicaid in Westchester County
Medicaid eligibility rules are set by New York State and are the same in Westchester as anywhere else in the state. What is local is the process. Westchester’s Medicaid long-term care applications are handled by the Westchester County Department of Social Services, headquartered at 148 Martine Avenue in White Plains, with district offices in Mount Vernon, Peekskill, White Plains, and Yonkers. The Department also administers Adult Protective Services for the county. Nursing home Medicaid penalty periods for gifts are calculated using the regional rate for the Northern Metropolitan region, which includes Westchester.
Our Medicaid Planning in Westchester County page covers the figures, the look-back, spousal protections, and the strategies we use, including the Medicaid Asset Protection Trust, spousal refusal, and gift and promissory note planning for someone already in a facility.
Aging in Place: Home Care in Westchester
Many Westchester seniors want to stay home, and New York’s community Medicaid program gives families more options for that than they often expect. Recipients enroll in a Managed Long Term Care plan after financial approval by the county and a functional assessment by the state’s independent assessor. Through the Consumer Directed Personal Assistance Program, a client can hire a caregiver of their own choosing, including many family members, who is paid through the program’s fiscal intermediary. That matters in a county where private home care agencies are costly and family members often already provide the care.
The Westchester County Department of Senior Programs and Services is the county’s office for the aging. It runs the local NY Connects program for long-term care information, caregiver support, nutrition and senior center programs, and the Livable Communities initiative, whose stated aim is to help seniors remain in their homes with independence and dignity. We coordinate legal planning with these services so that a client’s care plan and legal documents work together.
Powers of Attorney and Health Care Proxies for Westchester Families
The two documents designed to keep a Westchester family out of court are a current New York statutory short form power of attorney and a health care proxy. The power of attorney must be notarized and signed before two witnesses, the agent must also sign, and any authority for Medicaid planning, gifting, or funding a trust must appear in the Modifications section. We draft these with Westchester institutions in mind, including local bank branches, title companies handling a sale of the family home, and hospital systems that ask for a health care proxy at admission. A properly authorized co-agent can carry out transactions locally. A monitor can request records and oversee the agent’s actions, but the monitor role alone does not authorize transactions. We help you choose the roles and powers that fit your family. See our Power of Attorney in Westchester County page.
Guardianship in the Westchester County Supreme Court
When a Westchester resident has lost capacity without documents, the remedy is a petition under Article 81 of the Mental Hygiene Law. These cases are generally heard in the Guardianship Part of the Westchester County Supreme Court at the county courthouse in White Plains, which has its own part rules for filing and post-judgment applications. The court appoints an evaluator, holds a hearing, and tailors the guardian’s powers to the person’s actual functional limitations. Hospitals and nursing homes in the county also file petitions when a patient cannot be safely discharged and no one has authority to act. We represent family petitioners, and we help appointed guardians obtain court approval for Medicaid planning and the sale of a home. See Adult Guardianship.
Nursing Home Residents in Westchester
Westchester has many skilled nursing facilities, and families frequently choose one close to home so they can visit often. New York law requires each facility to post a statement of residents’ rights, including freedom from abuse and from restraints not ordered by a physician. Pressure injuries, falls, dehydration, and unexplained bruising are not a normal part of aging. If you see them, our attorneys investigate and, where appropriate, pursue claims against the facility. See our Nursing Home Abuse and Neglect page.
Protecting a Parent From Financial Exploitation
A common exploitation pattern in Westchester involves a parent with a valuable home and a new person in their life, or a sibling with a power of attorney who has stopped sharing information. New York gives an attorney several tools: a written revocation of the power of attorney delivered to the agent and to the banks, a special proceeding to compel the agent to account and, if warranted, remove the agent, an Article 81 petition in White Plains, and civil claims to recover property. Adult Protective Services, run by the Westchester County Department of Social Services, investigates reports about impaired adults who cannot protect themselves and have no one willing and able to help. An early referral can help preserve evidence and limit ongoing losses.
Cross-Border Families
Many Westchester clients have a child living out of state, own a second home elsewhere, or spend winters in another state. We help New York clients coordinate an estate plan with property and family interests in other states. When another state’s law or local work is involved, we identify the additional legal assistance needed.
Meet With Us in Tarrytown
We meet with clients at our Tarrytown office in Westchester County, by video conference, and by phone. Contact us to schedule a consultation.
Meet with our team at 120 White Plains Road, Suite 420, Tarrytown, NY 10591, by appointment. Video and phone meetings are also available.
This page is provided for general informational purposes only and does not constitute legal advice. Laws change and figures are adjusted periodically. For advice about your situation, consult a qualified attorney.
Frequently Asked Questions
Where do I apply for Medicaid in Westchester County?
Medicaid long-term care applications for Westchester residents are handled by the Westchester County Department of Social Services, headquartered at 148 Martine Avenue in White Plains, with district offices in Mount Vernon, Peekskill, White Plains, and Yonkers. The eligibility rules are statewide New York rules. We prepare and submit applications and handle follow-up requests from the Department.
Which court handles guardianship for a Westchester resident?
Article 81 guardianship petitions for Westchester residents are generally heard in the Guardianship Part of the Westchester County Supreme Court at the county courthouse in White Plains. The Part has its own rules for filing and for applications after a guardian is appointed. We represent family members seeking appointment and guardians who need court approval for later transactions.
Can my mother get Medicaid home care and stay in her house in Westchester?
Often, yes. Community Medicaid pays for home care through Managed Long Term Care plans after the county approves financial eligibility and the state’s independent assessor confirms the need for care. Through the Consumer Directed Personal Assistance Program, a family member can frequently be the paid caregiver. Whether the house needs to be protected first depends on her overall situation, which is where planning comes in.
What is the Westchester County Department of Senior Programs and Services?
It is Westchester’s county office for the aging. It operates the local NY Connects program for long-term care information, caregiver support, nutrition and senior center programs, and the Livable Communities initiative aimed at helping seniors remain in their homes. We often refer families there for services that complement legal planning.
My father is in a rehabilitation facility in Westchester and is being told he needs a nursing home. Is it too late to plan?
No. Even after admission, strategies such as spousal refusal for a married resident, gift and promissory note planning, protected transfers of the home, and correct treatment of retirement accounts may preserve a meaningful share of assets, depending on the facts. An important step is to involve an attorney early, before private-pay bills consume what might have been protected.
How do I report suspected elder abuse or exploitation in Westchester?
Adult Protective Services in Westchester is run by the county Department of Social Services and accepts reports about impaired adults who cannot protect themselves and have no one willing and able to help. Alongside a report, an attorney can revoke a power of attorney, demand an accounting from an agent, petition the Westchester County Supreme Court for guardianship, and pursue recovery of property.
My siblings and I live out of state. Can we manage our parents’ affairs in Westchester from a distance?
Yes. An out-of-state child may serve as agent under a New York power of attorney. A properly authorized co-agent can carry out transactions locally. A monitor can request records and oversee the agent’s actions, but the monitor role alone does not authorize transactions. We help you choose the roles and powers that fit your family. Video meetings can help family members participate in planning.
Do you handle Medicaid asset protection trusts for Westchester homeowners?
Yes. A Medicaid Asset Protection Trust is designed to hold the home and often investments outside Medicaid’s countable resources, subject to the look-back period, while you keep the right to live in the home and receive income. For a Westchester homeowner whose house is the largest asset, it is often the centerpiece of the plan, and the deed to the trust is recorded with the Westchester County Clerk.
What if my parent owns property in Connecticut or New Jersey as well as Westchester?
We help New York clients coordinate an estate plan with property and family interests in other states. When another state’s law or local work is involved, we identify the additional legal assistance needed.
