
Home › About The Firm › Blog › The Role of Medicaid Planning in Avoiding Nursing Home Poverty
Published November 29th, 2025 by Klafehn, Heise & Johnson P.L.L.C

For many families in Monroe, Orleans, and Genesee Counties, the cost of long-term care is one of the biggest financial concerns they will ever face. Nursing home care in Western New York can cost multiple thousands of dollars per month, quickly draining savings and leaving families financially vulnerable. This phenomenon, often referred to as “nursing home poverty,” is a harsh reality for seniors who enter long-term care without a plan in place. Fortunately, Medicaid planning provides a legal and financial roadmap to preserve assets, protect family resources, and ensure seniors receive the care they need without losing everything they worked hard to build.
At Klafehn, Heise & Johnson P.L.L.C., we help families in Brockport, Rochester, Albion, Batavia, and throughout the surrounding counties understand how Medicaid planning can make the difference between stability and financial hardship. Here’s why this planning is so critical and how it can help avoid nursing home poverty.
Nursing home care is expensive, and the costs only continue to rise. In Monroe County, Orleans County, and Genesee County, families may face monthly bills exceeding $15,000 for skilled nursing care. For many households, that level of expense can deplete investment accounts, home equity, and family savings in a matter of months.
Medicare does not cover long-term custodial nursing home stays. Without Medicaid planning, individuals are left to pay out-of-pocket until their resources are dwindled down significantly and even nearly exhausted. This process, often called “spending down,” can force seniors to liquidate assets they intended to pass to their spouses or children.
Medicaid planning involves creatively structuring your finances and legal documents to qualify for Medicaid benefits without unnecessarily losing assets. New York’s Medicaid program provides coverage for long-term nursing home care, but strict financial eligibility rules govern who qualifies. These rules take into account both income and assets, which means many families wrongly assume they must spend down everything before Medicaid will help. That is not the case, particularly when planning is done properly.
Legal tools such as trusts, gifting strategies, and asset transfers—done within the boundaries of New York’s Medicaid regulations—allow families to preserve things like homes, savings, and other important resources while still qualifying for assistance. Our attorneys can help create a plan that protects your family while meeting Medicaid’s requirements.
One of the most important features of Medicaid law is the five-year look-back period. This means that when someone applies for Medicaid coverage for nursing home care, the state reviews all financial transfers made in the prior 60 months. Improper or poorly timed transfers can result in penalties and delay eligibility.
This is why Medicaid planning should not, if possible, be left until the last minute. Families in Brockport, Albion, or Batavia who plan years in advance can transfer assets strategically and avoid penalties, reducing the financial stress of an eventual nursing home placement.
For many families in Monroe, Orleans, and Genesee Counties, the home is the most valuable and cherished asset. Without Medicaid planning, the home may be vulnerable to liens or even liquidation if the owner needs nursing home care. Planning tools such as irrevocable trusts allow families to protect their primary residence while still complying with Medicaid rules. This helps ensure that family members or others are not displaced and that the family home remains part of the legacy for future generations.
When one spouse enters a nursing home, the healthy spouse remaining at home—often referred to as the “community spouse”—can face financial hardship if assets are not properly and strategically managed. New York has specific spousal impoverishment protections, but they are often misunderstood. With proper planning, the community spouse can retain sufficient income and resources to live independently, while Medicaid covers the institutionalized spouse’s nursing home care.
Without this planning, community spouses may risk losing access to more of the couple's assets and/or income than is necessary. Legal strategies ensure that both spouses are protected, preserving dignity and financial security for the entire household.
Many families in Western New York hesitate to engage in Medicaid planning because of misconceptions. Common myths include:
“You have to give away everything to qualify.” In reality, Medicaid allows for protected assets and exemptions. A thoughtful strategy can safeguard resources.
“It’s too late to plan if my loved one is already in a nursing home.” While planning earlier is always better, even crisis planning can often preserve some assets and reduce financial damage.
“Medicaid planning is only for wealthy families.” On the contrary, planning is most valuable for middle-income families who have something to lose but cannot afford the crushing costs of long-term care.
Debunking these myths is part of helping families avoid unnecessary poverty and stress.
Medicaid laws are complex and vary by state and county. What works in one jurisdiction may not apply in New York State or your county. Families in Monroe, Orleans, and Genesee Counties benefit from local guidance that understands both state law and county rules and community realities. At Klafehn, Heise & Johnson P.L.L.C., we bring decades of experience working with families in Western New York. We tailor strategies to the needs of local residents, ensuring compliance with state law and local procedures while protecting what matters most.
Contact us today if you are beginning to think about Medicaid planning for yourself or a loved one. The sooner you begin, the more options you have to protect your assets and avoid the financial devastation of nursing home poverty.
Nursing home poverty is not inevitable. With proper planning, families in Brockport, Rochester, Albion, Batavia, and throughout Monroe, Orleans, and Genesee Counties can access quality care while protecting their homes, savings, and financial legacy. Medicaid planning is not about hiding assets—it is about making responsible, lawful choices to ensure that seniors receive the care they need without leaving spouses or children destitute.
Are you ready to take control of your family’s future and protect against nursing home poverty? Reach out to Klafehn, Heise & Johnson P.L.L.C. today for tailored Medicaid planning strategies that provide security, dignity, and peace of mind.
Legal Disclaimer: This article provides general information about Medicaid planning and its role in preventing nursing home poverty in Monroe, Orleans, and Genesee Counties. It should not be considered legal advice or a substitute for consulting with an attorney. Each family’s situation is unique, and laws vary. For specific guidance, consult with the attorneys at Klafehn, Heise & Johnson P.L.L.C. Portions of this content are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.
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