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Martin Petroff - ArticlesMARTIN PETROFF, Esq. is the founder of Martin Petroff & Associates . Formerly staff attorney for health affairs for the New York City Department for the Aging, Mr. Petroff is a member of the Executive Board of the State Bar Association's Elder Law Section where he serves on the Medicaid and Guardianship Committees. He is on the Advisory Council of the Senior Companion Program and a member of the board of directors of the Long Term Care Community Coalition. Martin can be reached at this email address.
Holocaust ReparationsFor purposes of Medicaid eligibility for home care and nursing home service, it is important to note that war reparation payments made by Germany to Holocaust survivors and payments made under the Austrian General Social Insurance Act are considered exempt as income and resources . This article discusses how these payments can be isolated from a holocaust survivor's assets so as not to jeopardize Medicaid eligibility. Supplemental Needs TrustsSupplemental-needs trusts (SNTs) are becoming popular planning tools for persons with disabilities. These trusts, sometimes called special-needs trusts, are aimed at enhancing the lives of disabled individuals without jeopardizing their eligibility for Medicaid and Supplemental Security Income (SSI). Wills and Why You Need OneMost people think that a Will is only for people who want to set up trusts or save on estate taxes. The primary reason for making a Will, however, is to leave your property to those you care about in the manner and proportions you choose. This article discusses the basics of writing a will. Living Wills and Health Care ProxiesThis article discusses the basics of living wills and health care proxies. There are differences between these two legal instruments and it is important for people to understand their relative advantages and disadvantages. Using the Durable Power of AttorneyThis article discusses the basics of creating a durable power of attorney, a necessary tool for the management of estates as well as for Medicaid and public benefit planning. Guardianships, by Martin PetroffThis article discusses the issues behind the creation of guardianships under New York State law. It is important to understand the legal implications of court-appointed guardians for "allegedly incapacitated persons" or AIPSs. Tax Deductibility of Long Term Care, by Martin Petroff EsqDetermining which expenses related to long term care can be deducted in tax filings is confusing to most. This article by Martin Petroff outlines most of the common deductible items as well as some less common ones. Pooled Income Trusts and Medicaid Home Care, by Martin Petroff, EsqThe pooled trust is now proving to be a very popular planning tool for persons in need of long-term health-care services and for whom the excess-income option did not work because it would not allow them sufficient money to live in the community and qualify for Medicaid. This article by Martin Petroff of Martin Petroff Associates gives some detail on practical uses of this tool for elder care planning. Medicaid Update – the Good News, by Martin Petroff, EsqMartin Petroff Associates, Elder Law: People who anticipate the need for home care or nursing-home care should understand that notwithstanding recent
changes in the Medicaid eligibility rules, they do not have to "become poor" and spend down their savings or
income to qualify for Medicaid services. This article provides valuable information on planning for home and
health care.
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