Albany Medicaid Asset Protection Trust (MAPT) Attorney

Long-term care costs across the Capital Region can be unpredictable and overwhelming, leaving families uncertain about how to protect a lifetime of savings while still qualifying for Medicaid. A Medicaid Asset Protection Trust (MAPT) is an effective tool to help you do just that. But it’s not simple, and timing matters.

The Albany trust planning attorneys at Pierro, Connor & Strauss, LLC help seniors and families across the Capital Region – including Albany, Rensselaer, Saratoga, Columbia, Greene, Schoharie, Warren, Washington, and Montgomery Counties – make informed, strategic decisions about Medicaid Asset Protection Trusts and long-term care planning.

“A trust is a legal agreement, but what it represents is your script for what could happen in the future—planning for disability or death, reducing taxes, protecting assets and avoiding probate are all covered, with the people YOU choose following your plan.”

—Louis Pierro, Founding Partner

What Is a Medicaid Asset Protection Trust?

A MAPT is an irrevocable trust designed to hold certain assets so they are not counted toward Medicaid eligibility. Assets properly transferred to a MAPT are owned by the trust and generally excluded from Medicaid’s financial review. For nursing home care, the key is timing, as transfers must be made outside the five-year look-back window to avoid penalties. For home care Medicaid, however, New York currently has no look-back period, creating a valuable window of opportunity for families to plan and protect assets closer to the time when services are needed.

With MAPTs:

You (the “grantor”) transfer ownership of qualified assets into the trust
A trustee you choose manages and disburses assets according to rules you set
You receive income from the trust, depending on how it’s drafted
You retain the right change beneficiaries or trustee(s) at any time

This arrangement can protect assets that would otherwise have to be spent down to qualify for long-term care Medicaid. While it is structured to be irrevocable, a MAPT can be revoked with the consent of the beneficiaries. Plus, you have the power to change beneficiaries or trustee(s) at any time.

Albany Trusts Team

Louis W. Pierro

AARON E. CONNOR

Frank E. Hemming III

Patricia T. Whelan

Contact us today for a FREE consultation

(866) 951-7526 Send Us a Message

Mature person signing the financial contract in modern office

Benefits of Medicaid Asset Protection Trusts for Albany Families

In Albany and New York’s Capital Region, long-term care is expensive and often depletes savings quickly. A MAPT may help families preserve a home or savings for a spouse, partner, or children while still qualifying for care assistance.

Our clients want to protect their home, retirement and lifetime of hard work, not just for themselves, but to leave a legacy: passing something on to loved ones.

In conversations with families, we frequently hear similar goals:

Protect the family home as part of long-term planning
Keep savings available for surviving spouses
Avoid rapid spend-down on nursing home costs

These are real concerns for seniors across upstate New York, and thoughtful preparation with MAPTs and other estate planning tools can reduce stress and keep the future clear.

How New York’s Look-Back Period Affects MAPT Planning

New York has a five-year look-back period for nursing home Medicaid. That means if you transfer assets out of your name within five years of applying for Medicaid, a penalty period can apply. This penalty delays eligibility for benefits based on the value of transferred assets.

Currently, there is no lookback to become eligible for Community Medicaid in the home, which provides a window of opportunity for legal planning. Once assets are retitled into the MAPT, applicants can often qualify for Medicaid benefits the next month.

Timing is a central piece of the planning process. Starting early and consulting with legal counsel well before long-term care is needed can make a big difference in how your assets are treated. Even in a crisis where Medicaid becomes the best option, our attorneys can often implement strategies to help preserve assets and avoid unnecessary spend-down.

What Assets Can Go Into a MAPT?

Medicaid does not treat all assets the same. Depending on your situation, some assets are more commonly considered for placement in a MAPT, such as:

Real property like your primary home, a second residence, or rental property
Investment accounts and savings
Certain business interests
Cash assets

Assets must be properly transferred to be accepted into the trust. Pierro, Connor & Strauss dedicates staff to work closely with you in the retitling and deed process. Each situation is unique, and what works for one family may not be right for another.

Navigating the process alone can lead to costly oversights. Guidance from an experienced MAPT lawyer at Pierro, Connor & Strauss helps you understand your options, avoid common mistakes, and make informed decisions aligned with your goals and timeline.

How to Set Up a Medicaid Asset Protection Trust

Setting up a MAPT is a delicate process that includes:

Choosing the right trustee

Who will manage the trust according to your needs?

Drafting the trust

Drafting the trust language carefully to reflect your intentions and New York law

Transferring assets

Transferring assets with accurate documentation and titles

Planning for other needs

Planning for other needs, including income and potential Medicaid applications

Good MAPT planning also includes regular reviews of the trust as laws and personal circumstances change, and missteps can lead to unintended consequences or penalties. Albany trust-planning attorneys at Pierro, Connor & Strauss monitor changes and adjust your strategy as needed.

MAPT vs. Other Trusts for Albany Medicaid Planning

There are other ways to prepare for long-term care and protect assets. For example, revocable living trusts hold assets in your name and are primarily used for probate avoidance, not for Medicaid planning. In contrast, an irrevocable trust, like a MAPT, removes assets from your countable resources.

Another option is a pooled income trust, often used when someone is applying for home-care Medicaid.

The right tools for you depend on your goals, your timeline, and your family’s financial picture. A personalized plan created with a trusted advisor can help protect both your independence and your family’s financial security.

What Our Albany Clients Are Saying

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Frank Hemming was great to work with through out the whole process of creating our family trust. He is very professional and knowledgeable and a great asset to the firm. I would highly recommend Frank and Pierro, Connor & Strauss, LLC for all your Elder Law needs. Also thank you, Kathy, for your assistance. Thank you for everything!

– David & Dottie H.

We had an excellent experience with Pierro, Connor, and Strauss. We were looking for a law firm to help us prepare a will, and they advised us on everything we needed for not only that but also dealing with the disposition of remains and other aspects you may not necessarily know about or think about.

The entire process went smoothly; we were able to review every single document that had been prepared, ask questions, make corrections and alterations, and sign something that we knew would have us prepared for the worst. We will certainly reach out to them in the future for any of our legal needs.

– Luigi V.

I had a will which was ancient and life experiences over many years had basically made the document useless. I was an acquaintance of Aaron Conner from outside his profession as an attorney but knew that he and his firm could help me to update my will.

I contacted Aaron and supplied the information that he needed to bring my estate planning up to date. Aaron reviewed the material that I provided and suggested that it would be best to create a more comprehensive package of estate documents. With the help of Kristen Peck, another attorney at Pierro, Conner & Strauss, we established a complete set including a trust, will, health care proxy, and a power of attorney.

I was very happy with the entire process and appreciated the expertise and good nature of all the staff at Pierro, Connor & Strauss who were involved in helping me establish a thorough estate plan. I would recommend them to anyone looking to do the same.

– Gary D.

My first experience with Pierro, Connor & Strauss was when my parents needed to set up a trust and I was part of that process. Aaron Connor was the attorney who headed up that service and did such an excellent job that I came back several years later when my wife and I were ready to set up our Trust.

Fast forward to earlier this year, Frank Hemming was the attorney who handled our Trust, Wills, Power of Attorney, Health Proxies, and other related documents. Frank did an outstanding and professional job of walking us through the process, explaining the legalese in everyday terms and shared some personal experiences and examples that you could easily relate to and understand.

I was also impressed with the thoroughness and organization of the legal documents deliverable, as well as their fair and reasonable rates. I highly recommend Pierro, Connor & Strauss to anyone looking for an attorney who specializes in Trusts and Estate Planning!

– Richard L.

The entire process with this group was seamless. Every detail was spelled out, every wish of ours was taken into account. I felt we had a strong advocate in our corner to protect our wealth and provide for our future family. If you want a law firm that works for you, this is it.

– Erik S.

I had the pleasure of working with Lou Pierro and Frank Hemming regarding Long Term Care Planning. They are very knowledgeable and made wonderful suggestions that I would never have thought of doing. They did the whole package of an Irrevocable Trust, Will, Health Directive, and Power of Attorney. Their fee is reasonable for the amount and quality of the work performed. I felt very comfortable with their abilities and helpfulness.

– Carolyn F.

Why Choose Pierro Law for Medicaid Planning?

Planning for long-term care and protecting assets is deeply personal. At Pierro, Connor & Strauss, we take time to listen to your concerns, answer your questions in plain language, and map out options that fit where you are now and where you hope to be in the future.

With Pierro, Connor & Strauss, you have a legal team to:

Walk you through New York’s Medicaid rules and how they apply to you
Help you make thoughtful decisions about your home, savings, and legacy
Prepare strong applications and documentation when you’re ready to apply for benefits
Assist with deed and asset retitling

Our mission is to empower families to navigate life’s most important transitions with compassion and care. We guide you through complex decisions with patience and understanding—not just as lawyers, but as trusted advisors who care about your peace of mind and your family’s future.

Protect What You’ve Built With a Plan That Fits Your Life

Facing complex Medicaid rules while managing daily life can feel impossible, but you don’t have to do it alone. Start the conversation now so you can make choices that reflect your goals and protect your family’s future.

Contact our team to schedule a consultation with an Albany estate planning lawyer. Pierro, Connor & Strauss is proud to serve clients across the Capital Region and throughout New York State.

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Life Happens…..Are You Prepared?

Contact us today for a FREE consultation and we’ll be happy to help take the worry out of tomorrow so you can live today.