Queens Village, NY asked in Estate Planning and Elder Law for New York

Q: If my wife and myself have durable Power of Attorney for each other does the 5 year look back period apply.

If my house is in a trust and one of us needs long term care will any cash, stocks, bonds, etc be taken by the state or can it be transferred away.

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2 Lawyer Answers
Joshua Bannister
Joshua Bannister
  • Licensed in New York

A: There's more than one way to own property. Self-settled trusts are subject to the 5 year lookback period. You should retain counsel to come up with a better plan than what you have right now.

Inna Fershteyn
Inna Fershteyn
  • Estate Planning Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: First, you are confusing different terms. 5 year look back provision applies to Nursing Home Medicaid only. Power of attorney allows you to act on someone else's behalf.

We need to review your trust and see if its Revocable or Irrevocable to determine if the 5 year look back provision will apply.


Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 1123

tel: 718-333-2394

fax: 718-701-8859


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