Barclay Damon
Barclay Damon

Kelly 
     Gusmano

Kelly Gusmano

Associate

p: 585.295.4476

f: 585.295.8445

icon_email kgusmano@barclaydamon.com
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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Kelly primarily concentrates her practice on providing legal counsel on long-term care and estate planning for seniors and families. She ensures plans are strategically developed for those who need long-term care at home, within independent-living and assisted-living facilities, and in skilled-care nursing homes. Kelly has extensive experience with resources and strategies to protect assets and reduce or avoid estate taxes, including outright gifts, irrevocable Medicaid trusts, annuities, loans, supplemental-needs trusts, and transfers of real property. Kelly also ensures that Medicaid applications are properly executed. 

Kelly additionally assists clients with Article 17-A and Article 81 guardianships to help care for those with personal- or property-management needs. She provides clients with necessary estate-planning documents, including wills, trusts, powers of attorney, and health care proxies, and she guides clients through the transfer of adult guardianships from one state to another.

Representative Experience

  • Counseled clients through the transfer of substantial non-qualified funds and a home into an income-only grantor trust to ultimately preserve the assets from long-term-care costs and to ensure they would be able to leave a legacy to their children upon passing.
  • Successfully applied for and obtained Community Medicaid-covered aide services to provide relief to a husband who had been caring for his wife for five years. His wife’s care needs were increasing, and he faced the decision of spending their remaining assets on aides or placing her in a nursing home. Protected the couple’s assets from the wife’s health care costs, allowing her to stay in her home for the remainder of her life.
  • Helped a client obtain Chronic Care Medicaid to cover nursing-home bills for her husband, even though the county Department of Social Services was trying to deny benefits due to a prior gift. Successfully convinced the county that the gift was not for the purposes of obtaining Medicaid.
  • Helped a client transfer assets to a third-party supplemental needs trust to provide for a child with disabilities instead of spending all of his assets on his nursing-home bills.

Practice Areas

Education

  • Syracuse University College of Law, J.D.
  • State University of New York at Fredonia, B.A.

Admitted To Practice

  • New York

Memberships & Affiliations

  • Monroe County Bar Association, Trust and Estates Council Member
  • New York State Bar Association
  • Barclay Damon’s Women’s Forum
  • National Association of Elder Law Attorneys

Speaking & Publications

  • National Business Institute, “Medicaid Lookback Rules and Planning” CLE

Prior Experience

  •  Lacy Katzen LLP, Associate