Location: New York, NY

Important Update Regarding COVID-19

Each of us are doing what we can to stay safe, but at the same time we remain available to you. Our staff is monitoring and responding to your incoming phone calls and email. Please do not hesitate to email or call us. Learn More

NY Medicaid Home Care Laws are Changing

Representing our clients for more than 65 years.

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Changes to the New York Statutory Power of Attorney

Significant changes to the New York Statutory Power of Attorney (the Form ) are now in effect. These changes simplify the Form, make it easier for individuals to appoint an Agent and for the Agent to utilize the powers. Here is what you need to know about the new Form:

  • The separate Statutory Gift Rider form will be eliminated and provisions giving your Agent power to make gifts will be included in the Form itself.
  • Gifts permitted under the personal and family maintenance section will increase from $500 to $5,000 per year.
  • If the Principal is unable to sign the Form, a third party will be able to sign on their behalf, as long as the person signing has been directed to do so by the Principal.
  • Banks and other financial institutions are required to accept the statutory form without delay and without imposing their own standards of acceptance.

If you would like us to review your existing Power of Attorney document to make sure your Form does not require updating, please do not hesitate to contact us at 212-307-1499 or email us at [email protected] to schedule a courtesy consultation.

The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, waives required minimum distributions during 2020 for IRAs and retirement plans. There is no catch up provision for 2021.


Dear Friends

This morning, Barbara and I received a call from a nearby assisted living facility that one of our clients was convinced that they were back in a Displaced Persons Camp in Germany. I am not entirely convinced that just hearing our voices was enough, but it seemed to have helped.

Please know that Barbara and I plus our entire team our available to you, even and especially if you just want to talk.

Stay safe.

Michael & Barbara Lissner

Our Areas Of Practice

Restitution/Pension/Property Claims for Victims of Nazi Persecution & Their Heirs

Survivors and their families are, all too often, not aware that they may be eligible for Widow’s/Widower’s pensions, increase to their restitution pensions or other currently available compensation payments. For more than 50 years, our firm has assisted Survivors of the Holocaust to file applications for different kind of Restitution payments

Estate and Medicaid Planning for Victims of Nazi Persecution and their heirs

We developed a unique asset protection plan called the Victim of Nazi Persecution Restitution Trusts ® by which eligible persons are able to preserve a significant portion of their assets in the event that they require long-term health care. Reparation payments received as a result of Nazi persecution are exempt from attachment by Medicaid, and there is no better way of protecting these assets from the cost of long term care than the creation and funding of Victims of Nazi Persecution Restitution Trusts®.

Elder Law

We provide advice and assistance to our clients who together with their families are faced with difficult issues surrounding aging and prolonged illness to enable them to live with dignity in the twilight of their lives. Our services include, but are not limited to, estate planning, asset protection, Medicaid planning and guardianship proceedings.

Estate Administration

We provide assistance with respect to trust and estate administration, probate, collection and distribution of assets, judicial and informal accountings, will contests, and estate tax returns. Our trust and estate administrators address the needs of surviving family members, executors and trustees to obtain optimal results in the management and disposition of trust and estate assets.

Estate Planning

No one should leave their long-term financial planning to chance. Without an estate plan in place, your assets could be at risk. We have worked for decades to help our clients prepare estate and trust plans by providing custom solutions that reduce the time and cost of estate administration.

Medicaid Planning

The most common misconception about Medicaid is that it is solely a program for the poor. While Medicaid is designed to provide services to those who are “technically” impoverished, it also serves to prevent families from becoming impoverished by the costs of long-term health care. We assist our clients in Medicaid Planning and navigate them through the complexities of the Medicaid application process.

Real Estate

We represent our clients with respect to selling and purchasing residential properties, including single family homes, condominiums and cooperative apartments and transferring of same to comport with elder and estate plans.

CAVEAT EMPTOR

Buyer Beware
And now for something completely different, the cogitations and observations of Caveat Emptor aka Michael D. Lissner

Recent Blog Article

New Medicaid Look-back and Transfer Penalty to be assessed for Community Based Home Care Services

Until now, New Yorkers could almost instantly qualify for Medicaid Home Care services by transferring assets one month and being considered financially eligible for Medicaid Home Care services the following month. This made Medicaid Home Care services a very attractive alternative for New York residents in need of long term care at home.

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Changes to Medicaid Eligibility and Access to Medicaid Home Care Services in New York

New York State has made radical changes to the Medicaid Home care regulations. Under prior regulations, a person could transfer assets for the purpose of qualifying for Medicaid Home care benefits and be deemed financially eligible for services in the month following the month of transfer.

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CAVEAT EMPTOR

Buyer Beware

Our Firm

The law firm of Lissner & Lissner LLP, located in midtown Manhattan, consisting of attorneys licensed to practice law in New York, New Jersey and Florida, has represented its clients and their families for over 65 years. We are available for meetings in all of the states in which we are licensed, either at our office or, if need be, house calls are available.

Lissner and Lissner LLP offers a wide range of legal services for appropriate legal fees in such areas as Trusts, Estate Planning and Administration, Elder Law/Medicaid Planning, Real Estate, Litigation and Restitution Law. We also offer financial management services at similarly appropriate fees either directly to the client, or in combination with the client’s family, managers, lawyers, accountants, brokers and/or other representatives.

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Our People

Michael D. Lissner, Esq.

Attorney

Michael received his J.D. from Brooklyn Law School in 1982. He is admitted and qualified as an Attorney and Counselor of the Supreme Court of the United States; is further licensed as an Attorney and Counselor at Law in the States of New York (Appellate Division, 2nd Department) and Florida and is a member of both the New York County Lawyers’ Association and the National Academy of Elder Law Attorneys.

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Barbara H. Urbach Lissner, Esq.

Partner

Barbara received her J.D. from Hofstra University School of Law in 1982. She is admitted and qualified as an Attorney and Counselor of the Supreme Court of the United States; is further licensed as an Attorney and Counselor at Law in the States of New York (Appellate Division, 3rd Department) and New Jersey (U.S. District Court).

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Attorneys Licensed In New York, New Jersey And Florida