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Is a POA and Health Care Proxy Good in Any State?
If you are outside of New York and you need someone to make financial and/or medical decisions for you, your Durable Power of Attorney (POA) and Health Care Proxy (HCP), which are tailored to New York law, are still valid in other states.
Question: My wife suffers from Alzheimer’s. Currently, I am her primary caregiver, but I am worried that if I predecease her, she will need to go to a nursing facility. One of my friends suggested executing a new Last Will & Testament that disinherits my wife and leaves my estate to my children. Should I do this?
My mother recently passed away. She had two children, myself and my sister. Prior to her death, she had named my sister as agent under her power of attorney. My mother’s will treats both of us equally. I found out that a month before her death my sister used the power of attorney to change the beneficiary on my mother’s bank account to just herself. Was she allowed to do this?
Gifting and Medicaid planning is commonly misunderstood. We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.
My mother has been in a rehabilitation facility for the last 6 weeks and will be discharged any day now. She is unable to care for herself and we desperately need help at home. I want to apply for Medicaid to help pay for the care, but I heard this can take months. Is there a way to get the care in place faster?
My sister wants me to sign a document that allows her to probate my mother’s will. The problem is that the will favors my sister, and I think the circumstances around the will are suspect. Is there a way I can get more information about the will signing?
Question: I have created a Medicaid Qualifying Irrevocable Trust and I am attempting to transfer my home to my trust. The bank which holds my mortgage has advised that they do not allow transfers to Irrevocable Trusts. Can they prevent me from protecting my house? What can they do?
Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state.
When someone enters a nursing facility, an application for Chronic Medicaid may be appropriate. The average cost of a nursing facility on Long Island is $15,000.00 per month. This type of cost would exhaust assets very quickly in most cases. Chronic Medicaid is the program that covers nursing home care.
The National Center on Elder Abuse defines financial exploitation, also known as financial abuse, as the “illegal, unauthorized or improper use of an older person’s resources for monetary or personal benefit, profit or gain, or that results in depriving an older person of rightful access to, or use of, benefits, resources, belongings, or assets.”
Question: I’m currently enrolled in a Medicare Advantage Plan and was told that I should switch to traditional Medicare, I am getting overwhelmed with all of the choices and options.
In The Media
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Burner Prudenti Law Honored as One of Best Lawyers 2026’s Best Law Firms
Burner Prudenti Law is proud to share that our firm has once again been recognized by Best Law Firms® for excellence in Elder Law and Trusts and Estates, earning both national and metropolitan Tier 1 rankings.
November 6, 2025 -
Burner Prudenti Law Attorneys Named 2025 Super Lawyers and Rising Stars
Burner Prudenti Law is proud to announce that several of our attorneys have been recognized by Thomson Reuters for the 2025 New York Metro Super Lawyers and Rising Stars lists.
October 30, 2025 -
Hon. Gail Prudenti Named 2025 Leaders in Law Honoree
We are thrilled to share that our partner, Hon. Gail Prudenti, has been named a 2025 Leaders in Law honoree by Long Island Business News!
October 9, 2025 -
Hon. Gail Prudenti Named to Long Island Business News’ 2025 Influencers in Law
We are proud to congratulate our Partner, Hon. Gail Prudenti, on being named to the Long Island Business News 2025 Influencers in Law.
October 2, 2025 -
Burner Prudenti Law Named to Long Island Business News’ In the Lead: Women-Owned Businesses
Burner Prudenti Law, P.C. is honored to be recognized by Long Island Business News as one of the 2025 In the Lead: Women-Owned Businesses.
September 22, 2025 -
Burner Prudenti Law Featured in Dan’s Papers
Burner Prudenti Law was recently featured in Dan’s Papers, offering readers an in-depth look at our growth over the past 30 years.
August 27, 2025
Our Blog
We’re proud to share that our Partner, Hon. Gail Prudenti, has written a featured column for Long Island Business News titled “Understanding New York’s Court of Claims.”
In the landmark case of Connelly v. United States, the Supreme Court addressed critical issues concerning the estate tax implications of life insurance proceeds used in the redemption of stock in closely held corporations.
Our criminal courts protect victims. Our civil courts provide a forum for the peaceful resolution of disputes. Our family and surrogate’s courts guide families through what may be the most traumatic experience of their lives.
As we reflect on the complexities of family law, let us work together to support our justices, understanding the weight of their responsibilities and the importance of their decisions.
The Medicaid Asset Protection Trust (“MAPT”) is alive and well in the Elder law practitioner’s toolbox and is the best option for protecting real property.
The federal government and the marketplace are undergoing revolutionary changes that will inevitably transform the business of law and operation of courts. The question arising from the uncertainty is, how so?
