Walnut Creek Elder Law Blog

When we plan for the VA Aid and Attendance Pension benefit, we plan for Medi-Cal at the same time. Medi-Cal and the VA benefit are both asset and income based programs. Medi-Cal pays for the costs of skilled nursing facilities, minus the share of cost paid by the recipient. The VA benefit can help pay for the costs of assisted living facilities, board and care facilities, and in home care costs. Under both programs, if the applicant is “over assets”, they can spend down, gift some of their assets away, or use other legitimate asset protection techniques to obtain qualification. 

The VA Aid and Attendance Pension Benefit program does not have a “look back” penalty period. The applicant could give away $50,000 for instance, today, and theoretically be eligible for the VA benefit tomorrow. If the same applicant then went to apply for Medi-Cal, after having gifted the $50,000, there would be an eight month penalty period. Divide $50,000 by $5,698 (penalty divisor) and you have 8.775 or, rounded down, eight months of ineligibility. As a result, the applicant would not be eligible for Medi-Cal for eight months.

There are legitimate gifting and planning techniques which your elder law attorney can show you to  create fewer months of ineligibiity for Medi-Cal. Remember that Medi-Cal pays for skilled nursing, which is much more expensive than assisted living facilities. Planning for Medi-Cal and the VA Aid and Attendance Pension benefit at the same time, is good planning. Your Medi-Cal, elder law attorney can help you with this.

 Written Michael J. Young, elder law and asset protection attorney in Walnut Creek, CA. www.WalnutCreekElderLaw.com mike@WalnutCreekElderLaw.com. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa County and Alameda County, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc. Medi-Cal Attorney Contra Costa.

If you run a home health agency, you probably feel like you are wearing a hundred different hats, from finding the right employees,  to dealing with all of the issues they bring with them. Moreover, you are communicating with clients who are stressed out and who are wondering how they are going to be able to pay for your valuable services.

Did you know that there is a Federal program that can pay your clients directly, to help defray the cost of their in home healthcare.  This is the Veterans Administration Aid & Attendance benefit program that is available to veterans and to their surviving spouses. In order to qualify, clients who are veterans or who are surviving spouses of veterans, need to meet required income and asset limitations. These requirements can be legally and honestly met, through the help of an elder law attorney accredited in this area. 

For married couples, the benefit can be as much $1,949 per month or more, and for surviving spouses of a veteran, the benefit can be as much as $1,056 per month or more. 

The benefit to your clients is that this program provides an additional source of funds to them, to help pay the cost of in home care that you are providing to them.  Our clients all want to stay at home as long as possible, and we all know that it is better for all involved, if our clients can stay home longer.

If you’d like to learn more about how the VA Aid and Attendance program works, then I’d like to invite you to a workshop I will be hosting for home healthcare providers here at our offices. We will be sending additional information to you regarding upcoming programs. We are also available for in-service programs regarding this benefit. You may contact our offices for additional information, and feel fee to check our website at www.WalnutCreekElderLaw.com.

By Michael J. Young, Elder Law Attorney, with offices in Walnut Creek, and serving Contra Costa and Alameda Counties.

The Law Offices of Michael J. Young Present An Elder Law Seminar – “DON’T GO BROKE IN A NURSING HOME” – “How To Get Medi-Cal Coverage For Your Nursing Home Care … Without Selling Your Home or Leaving Your Family Without a Dime”

In the Workshop Learn How to get Medi-Cal coverage for your Nursing Home Care, Without Selling Your Home or Leaving Your Family Without a Dime. One of our biggest fears is having our life savings wiped out if we end up in a nursing home. Whether you or a family member is in a crisis or not, it is important that you understand what to do now to protect your hard-earned assets.

Also, learn about the Veterans Administration Aid & Attendance Benefit, for war time veterans. This V.A. program can help pay for in-home care, board and care costs, and costs for assisted living facilities.

At this workshop, here are some items we will discuss:
How to protect your home against a Medi-Cal lien.
How to avoid having your life savings wiped out by a nursing home spend down.

The asset protection language that most people do not have in their revocable living trusts and financial durable powers of attorney.

The Veterans Administration Aid & Attendance Benefit.
A glimpse at the new Medi-Cal rules under the Deficit Reduction Act, which is coming soon to California

Attendance at this workshop is free, but seating is limited. You can reserve your spot at the workshop by calling (925) 256-0298.

We will also be distributing our Alzheimer’s Legal Survival Guide, and our Nuts and Bolts Guide to Veterans Benefits.

Please check the website for seminar dates.

The practice of elder law is a fairly new field within estate planning. I have been in practice for over 30 years, and in private practice for over 20. As a Baby Boomer,  my estate planning practice has evolved over the years into an elder law/estate planning practice. My parents are both gone now, but as they grew older, I adapted to their needs regarding not only regular estate planning, but asset preservation, and what I call “Life Care Plannning.”   Many of my clients are now Baby Boomers who come to see me about their parents’ long term care plans, public benefits planning, etc. We also discuss the Baby Boomers’ long term care plans, as we Baby Boomers are entering our 60′s. Yikes!

Traditional estate planning involves estate tax issues, avoiding probate and distribution of assets upon death. Elder Law involves these issues, but is focused also on preserving assets and options, as we live longer lives. Asset preservation, disability planning and care planning are part of the picture. One of the goals is to preserve our assets for ourselves and our families, from the high cost of nursing home care. Government benefits planning, including Medi-Cal and VA planning, and applications for these government benefits, is part of the practice of elder law. When looking for an elder law attorney, inquire as to whether the attorney’s  practice is dedicated to these areas of the law.

You may visit my web site at http://www.walnutcreekelderlaw.com/   for further information. Also, you can check out one of my newsletters on this topic at:   http://www.walnutcreekelderlaw.com/Newsletters/GiftToParentsOfBabyBoomers.html  Thank you, Michael J. Young, Attorney at Law

It is a good idea to review revocable living trusts and the related estate planning documents, to be sure they have the updated elder law language for asset protection and public benefits planning. The daughter of an elderly woman came to see me, to help get the mother qualified for Medi-Cal, and to protect the mother’s home from a Medi-Cal lien. The mother had lost her mental capacity, so we could not update the language in the trust to transfer the home to the children and reserve a life estate to the mother.  As a result, we had to go to court to obtain an order to change the language in the trust. The court process is cumbersome, takes time, but can be avoided with properly drafted estate planning documenbts. You can view my Elder Law Today newsletters on this area and others, such as:   http://walnutcreekelderlaw.com/Newsletters/RealPropertyMedi-CalQualification.html

Thank you,

Michael J. Young