Professional Experience
Dana Walsh Sivak is a Partner at Falcon Rappaport & Berkman LLP, and serves as Co-Chair of the firm’s Elder Law practice group, as well as a member of its Litigation and Cannabis Law practice groups.
Dana has devoted much of her legal career to addressing legal issues involving the elderly, including Article 81 guardianships, complex Medicaid eligibility issues, nursing home litigation, and advocating for increased access to quality-of-life initiatives for the elderly in long-term care settings. Dana works closely with her clients and their families to craft individualized long-term care plans which includes high-level Medicaid planning techniques that aim to preserve her clients’ assets and income, while ensuring their continuous access to excellent care.
Dana has a great deal of experience representing both individual clients and corporate health care facility clients on complex legal issues, allowing her to develop a unique perspective on issues facing seniors, and obtain a great deal of experience assisting older New Yorkers in securing a payment source for the cost of their long-term care, often through the Medicaid program or private long-term care insurance.
For many years, Dana has worked to expand access to medical cannabis to seniors, particularly those residing in nursing homes and assisted living facilities. In December 2019, Dana helped to spearhead and present the first conference on Long Island that focused on these issues, “Cannabis & Aging: The Business, Politics, Law & Science of Cannabis”, partnering with other highly regarded professionals in the cannabis industry. Dana frequently lectures to health care facilities and at regional conferences about the medical benefits of cannabis in the elderly population, advocating for increased access to medical cannabis for all seniors, regardless of their socioeconomic status.
An accomplished author, Dana’s work has been published in a number of prestigious legal publications, including the New York Law Journal, the New York State Bar Association Elder Law & Special Needs Journal, the Nassau Lawyer and the Suffolk Lawyer. Dana has received numerous honors, including the Forty Under 40 Award for Rising Stars in Business, “Who’s Who in Healthcare Law,” “Ones to Watch: Law”, and the St. Vincent DePaul Legal Program Award.
Dana remains active in her community, including as an inaugural member of the St. John’s University School of Law Alumnae Leadership Council, participating in its prestigious Mentoring Circles program, and often mentors female law students and graduates beginning their career. Dana also supports the March of Dimes, and the North Shore University Hospital Auxiliary in its fundraising efforts to benefit the NICU at North Shore Hospital in Manhasset, in gratitude for the care provided to her youngest daughter who was born prematurely in 2015. Dana resides on Long Island with her husband, two children, and their dog.
Education
- St. John’s University School of Law, Juris Doctor
- St. John’s University, Bachelor of Science, magna cum laude
Bar Admissions
- State of New York
Professional Affiliations
- Nassau County Bar Association, Co-Vice Chair of Elder Law Committee
- CannaGather
- Gerontology Professionals of New York (GPNY)
- National Aging in Place Council
- P.O.W.E.R. Professional Women of Excellent Recognized
- St. John’s University School of Law Alumnae Leadership Council
Certifications
- State Certified Court Evaluator, Counsel for Alleged Incapacitated Persons and Guardian for Incapacitated Persons
Awards and Honors
- 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
Publications
- 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)

Related Articles
- Fourteen FRB Attorneys Selected to 2023 New York Metro Super Lawyers and Rising Stars List
- 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