Dana Walsh Sivak, Esq.

Dana Walsh Sivak, Esq. is a Partner at Falcon Rappaport & Berkman LLP and Chairs the firm's Elder Law Practice Group. Dana is a dedicated and compassionate advocate who has devoted much of her legal career to addressing legal issues involving the elderly and adults with disabilities. Her areas of expertise include Article 81 guardianship proceedings, complex Medicaid eligibility issues, nursing home litigation, and advocacy for quality-of-life initiatives for seniors.

Known for her innovative “outside-the-box” thinking, Dana draws on her extensive experience to devise creative solutions to issues her clients and their families are facing, including in contested guardianship proceedings and Medicaid “crisis planning” scenarios. She works closely with her clients and their families to craft individualized long-term care plans which include high-level Medicaid planning techniques that aim to preserve their assets while prioritizing their continuous access to excellent care.

Dana’s work in guardianship has earned her a reputation as both a skilled legal advocate and a respected leader in the legal community. Her experience, insight and expertise has led judges to frequently appoint Dana to serve in integral roles in complex and often contested guardianship proceedings before the Court. Dana’s ability to provide compassion and guidance to clients struggling through emotional and challenging circumstances has allowed her clients to feel supported and empowered to make sound, informed strategic decisions regarding these often volatile legal proceedings, helping them to overcome obstacles and secure positive and meaningful results through her legal interventions.

Awards and Honors

•Long Island Business News “Leaders in Law” Award: 2024

•Long Island Business News “40 Under Forty” Award (Rising Stars in Business): 2021

•Who’s Who in Healthcare Law

•Ones to Watch: Law

•St. Vincent DePaul Legal Program Award

•CALI Award for Excellence

•St. John’s University School of Law Gold Pro Bono Service Award

•Selected to New York Metro Super Lawyers Rising Stars: 2023-2025 & featured in Super Lawyers New York Metro / “Top Women” publication (March 2024)

•Profiled in Wolters Kluwer’s “Of Counsel: The Legal Practice and Management Report” (“Pioneering Elder Law Attorney Draws on Legal Skills, Passion, and Compassion”, July 2023)

Certifications

• State Certified Court Evaluator, Counsel for Alleged Incapacitated Persons and Guardian for Incapacitated Persons

Published Articles

• The Legal Nuances of SCPA Article 17-A Guardianship (New York State Bar Association Elder Law and Special Needs Law Journal)• Medical Marijuana and the Elderly: Demographic Demand vs. Practical Barriers to Access (Nassau Lawyer)• Pathways to Securing Institutional Medicaid Coverage for Non-US Citizens in Health Care Facilities (Suffolk Lawyer)• The Potential Perils of Crowdfunding Donations (New York Law Journal)• NYC Cannabis Landlord Accountability Law Has Limitations (Law 360)

• New York’s Medical Aid in Dying Act: What the Governor’s Announced Deal Means for Patients and Families• Falcon Rappaport & Berkman Promotes Dana Walsh Sivak and Allen Abraham to Equity Partners; Abraham Named Chief Operating Officer• Updates in Medicaid – Important Changes for Home Care Benefits Coverage• With College Comes Change – And a Need for Advance Directives• World Elder Abuse Awareness Day 2025• LEGAL ALERT: Medical Aid in Dying Bill Passes New York State Legislature, Pending Governor’s Review• Dana Walsh Sivak Quoted in Forbes’ Mother’s Day Financial Planning Guide• Important Update: New York Extends Home Care CDPAP Registration Deadlines Amid Consumer Complaints and Pending Litigation Over Transition to PPL• Important Update on CDPAP Transition to Single Payer Fiscal Intermediary System for Medicaid Recipients• IMPORTANT ALERT: Is Your Nursing Home’s Admission Agreement Compliant with Updated CMS Guidelines?• IMPORTANT UPDATE: Medicaid Eligibility Criteria (Resource/Income Levels) and Other Benefits Updates for 2025• Disruptions to the Medicaid System, Alongside Trump Administration’s Freeze of Federal Funding to Agencies, Results in Lawsuit by Impacted States, Federal Court Injunction• Not So Fast, Court Tells New York City Sheriff’s Office – Court Issues Injunction Ordering Immediate STOP to • “Unconstitutional” Warrantless Searches of Licensed Hemp Retailers• Twenty-Three FRB Attorneys Selected to 2024 New York Metro Super Lawyers and Rising Stars List• Dana Walsh Sivak Honored With LIBN’s Leaders in Law Award• New York City Council Hearing Addresses Operation Padlock and New Regulations Targeting Unlicensed Cannabis Retailers• ELDER LAW LEGAL UPDATE: Important Changes to Social Security Income, Medicaid Resource and Income Allowances, and Regional Rates for 2024• “Pioneering Elder Law Attorney Draws on Legal Skills, Passion, and Compassion” – Dana Walsh Sivak Profiled in Wolters Kluwer’s Of Counsel• Dana Walsh Sivak Featured on Beyond the Balance Sheet Podcast• NYC Cannabis Landlord Accountability Law Has Limitations• Dana Walsh Sivak Featured in April and May Issues of Wolters Kluwer’s Of Counsel• Dana Walsh Sivak, Esq. Elevated to Partner and Co-Chair of FRB’s Elder Law Practice Group• How New York State’s Controversial Proposed Long-Term Care Plan Could Impact You• Important Elder Law Update: New York State Expands Access to Medicaid by Further Increasing NYS Medicaid Resource/Income Allowance Levels• What My Elder Law Clients Have Taught Me About Love • Elder Law Update: Important Changes for 2023• ’Tis the Season to be Vigilant – Scams Targeting Seniors are on the Rise• A Complete Breakdown of New York’s Latest Cannabis Guidance• The Legal Nuances of SCPA Article 17-A Guardianship

Speaking Engagements

• Elder Law Best Practices: Innovative Strategies to Improve Receivables and Further Your Mission (Leading Age New York)

• Innovative Legal and Financial Strategies for Skilled Nursing Facilities - From Undue Hardship Waivers to PRUCOL: Keys to Improving Receivables (Greater New York Health Care Facilities Association)

• North Shore University Hospital’s Neonatal Intensive Care Unit (NICU) Fundraiser & Luncheon Keynote Speaker

• Elder Law Best Practices: From Improving Receivables to End of Life Decisions by Guardians and Surrogates (Intercounty Health Facilities Association)

Professional Organizations

New York State Bar Association (Member, Elder Law Section; Member, Trusts & Estates Section), Nassau County Bar Association, (Co-Chair of the Elder Law, Social Services and Health Advocacy Committee), Gerontology Professionals of New York (GPNY), National Aging in Place Council Board of Directors, Levittown Chamber of Commerce, St. John’s University School of Law Alumnae Leadership Council, North Shore University Hospital NICU Family Advisory Council