It is very important to know where your loved one’s papers are!
We are always trying to accomplish elder care planning as early
as possible, so that we can get all of our ducks in a
row before memories fade.
Last week we helped a family whose elderly mother needed
long term care planning. The father had died almost two years
earlier, and he had been in charge of all legal
and financial matters for the couple. The mother was in a nursing home
and could not remember for sure if she had a trust or any estate planning
documents, or whether her home was in a trust. The family also did not know
if there were any estate planning documents, could not find any, and did
not know about a trust. They wanted us to apply for Medi-Cal for their mother,
and to protect her home from a potential Medi-Cal lien.
I asked the children to keep looking for the legal documents.
I checked with my resources at a title company, and was able
to a get a copy of the last deed of record for the home,
and the deed confirmed that the home was indeed in the mother’s family trust.
Fortunately, the deed referenced the attorney who prepared it. I called
the attorney, who said he had retired, but thought that he had
copies of his clients’ documents in a storage facility. It took awhile,
but the attorney eventually provided us with copies of the estate
planning documents, including the trust. We were able to amend the
various documents for government benefits and asset protection purposes,
and we proceeded to protect the home from a potential Medi-Cal lien.
We also needed to see recent statements of all bank accounts, IRA
accounts, etc., for Medi-Cal qualification. We also needed to see life
insurance policies that the mother owned.
The mother was not sure about any of this,
nor were her children. I asked the children to please look for
these documents, to watch the mail for new statements, and to
familiarize themselves with these matters. The mother confirmed
that she wanted her children to help her.
The children were able to find the statements, and
also found a life insurance policy that the mother owned. Fortunately, at least
for Medi-Cal qualification, there was no cash in value that
we would have to deal with to create Medi-Cal
eligibility for the mother.
The mother was thankful that her children were helping.
The father had apparently been a very strong willed person,
who for whatever reason, did not choose to involve his
children, let alone his own wife, with any of these important issues.
All worked out well in this case, but not without loss of time
and with additional angst and tension that the family
and their mother did not need at this time.
Written Michael J. Young, elder law attorney and probate attorney in Walnut Creek, CA and former in-house counsel for title insurance companies. www.WalnutCreekElderLaw.com LawYoung1@Gmail.com 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc. Mr. Young advises clients regarding Probates, Probates with Real Estate, Medi-Cal, nursing homes, asset protection, the VA Aid and attendance pension benefit, and long term care planning. Mr. Young is an Elder Law Attorney and Probate Attorney with offices in Walnut Creek, CA. Walnut Creek Elder Law Attorney, Walnut Creek Probate Attorney