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: https://walnutcreekelderlaw.com/Newsletters/RealPropertyMedi-CalQualification.html
Thank you,
Michael J. Young