At Burzynski Elder Law, we know that elder law can seem overwhelming, especially with so much misinformation floating around. That is why “busting elder law myths” blogs are always a favorite. We are passionate about helping families feel informed and empowered as they navigate the long-term care journey.
Busting Elder Law Myths: The Real Answers You Need
Do you only work with seniors?
Not at all. Everyone over the age of 18 should have basic estate planning documents in place, such as a power of attorney and an advance directive for health care. We help adults of all ages take this vital step toward protecting their future.
Do I need to spend down my IRA before I can qualify for Medicaid?
No. Your IRA or 401(k) is not counted as an asset for Medicaid eligibility as long as you are taking regular distributions. This is one of many reasons why individualized Medicaid planning matters.
My loved one has dementia. Is it too late for them to sign new legal documents?
It depends. A diagnosis of dementia or Alzheimer’s does not automatically mean someone has lost legal capacity. Each person is on a continuum, and each situation is unique. With proper evaluation, many individuals can still legally sign essential documents.
Do I have to get guardianship if my loved one has Alzheimer’s?
Not necessarily. Guardianship is considered a last resort. In many cases, proactive planning and the right legal documents can help families avoid court-involved processes altogether.
Should I hide my assets in order to qualify for Medicaid?
No. Hiding assets is the wrong approach and can create serious problems. The State of Florida will look back five years for unexplained transfers. However, there are many safe planning techniques that may allow certain assets to be held in a way that qualifies as exempt for Medicaid purposes.
Are annual exclusion gifts exempt from the Medicaid lookback?
They are not. The annual exclusion amount, currently $19,000 per recipient, is a gift tax safe harbor. Those transfers may still result in an ineligibility period for Florida Medicaid.
Does the State of Florida take my estate if I go through probate?
No, it does not. Probate is a court-monitored process that transfers your estate to your heirs. If you have a will, the estate will pass to your named heirs. If you do not have a will, Florida intestacy rules determine the order of inheritance based on family relationships, such as a spouse and children. The state receives a filing fee, not your estate.
Why Good Information Matters
Elder law myths can cause families to delay important planning, misunderstand Medicaid rules, assume guardianship is unavoidable, or make asset transfers that create more problems than they solve.
The right plan can help protect assets, preserve independence, clarify decision-making authority, prepare for long-term care needs, and give families greater peace of mind.
Burzynski Elder Law helps families understand the difference between rumor and reliable planning. Whether your questions involve Medicaid eligibility, long-term care costs, dementia planning, probate, guardianship, or asset protection, a personalized plan can make a meaningful difference.
Our team’s life care planning approach combines legal planning, benefits coordination, asset protection, and care advocacy to help families move forward with confidence.
Get the Peace of Mind You Deserve
If you have questions about elder law or long-term care planning, we are here to help. Our intake specialists are available every business day to schedule consultations with our experienced team.
Call Burzynski Elder Law today at 239-434-8557 and get the peace of mind you deserve.