Robin Folts

Rochester Business Journal Staff//July 25, 2025//

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Partner/Chair
Elder Law Department, Lacy Katzen LLP

Years in current role: Partner since 2014/Chair since 2017

What is one legal issue or trend you’re keeping a close eye on this year?

Watching long-term care NYS Partnership policy language as to whether the policy is a total asset protection policy or dollar for dollar policy. There is a major difference between the two policies. Careful analysis is required. Placement into long-term care facilities is always a concern. Clients should not be signing admission agreements, particularly with long-term care facilities, without counsel from an experienced elder law attorney. Language in some of those agreements gives facilities authority to obtain and review bank and brokerage statements which include financial institution names and balances. Clients are also required, in some of those agreements, to authorize direct deposit of client’s income into a bank of the facility’s choice.

What skills do you think are most crucial for new attorneys entering the field today?

Listening to client concerns and making sure you are managing their expectations.

What’s one misconception people often have about your area of law?

That you must spend assets in order to qualify for Medicaid benefits. There are lawful asset-protections strategies available to most clients. Nursing home costs are averaging $18,000+ per month in our region. Most people do not save their entire lives to pay for long-term care in a nursing home. Nursing homes are necessary, and many provide a good service, but most people in my experience do not want to use all or most of their assets to pay for it. The second misconception is gifting the annual exclusion and gifting for Medicaid purposes. Many people assume if gifts he or she made are under the annual exclusion amount, those gifts are protected for Medicaid purposes. In many instances, that is not the case.

What’s your ideal way to spend a weekend in the Finger Lakes or Western New York?

Typically working, but when I am not working, I love flying aircraft in this area, when the weather permits. The view of the Finger Lakes is unparalleled from the sky.

This profile is part of our Trusts & Estates Power List for 2025. Information used in this profile was sourced from the honoree. View the full list at rbj.net.