Governor Brown has signed new legislation, effective January 1, 2017, which changes the rules regarding recovery by the state for payments it has made to nursing homes for Medi-Cal recipients. Under the present law, the state can recover against the surviving spouse or domestic partner of a Medi-Cal recipient, from whatever was in the Medi-Cal […]
Category Archives: Asset Protection Attorney Walnut Creek
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Elder Law Attorney Michael J. Young attends National Conference for Elder Law and Estate Planning Attorneys in New Orleans, LA
FOR IMMEDIATE RELEASE Walnut Creek, CA – Elder Law and Asset Protection Attorney Michael J. Young traveled to New Orleans, LA, from October 28-29, 2016 to meet with forty other leading elder law attorneys from across the nation. Through discussions, strategic visioning and personal goal setting, the attorneys explored professional practice development, employee development and […]
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October, 2016 Medi-Cal Reference Guide
This Medi-Cal Reference Guide reflects some of the most frequently requested information we receive regarding Medi-Cal qualification. Community Spouse Resource Allowance (CSRA) $119,220. This is the amount of non-qualified money or investments that the well spouse may keep. Either spouse may keep any amount of qualified assets, such as IRAs. Monthly Maintenance Needs Allowance (MMMNA) […]
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Consider A Joint Checking Account With Your Parents
Many older people insist on handling their own financial affairs without assistance, for as long as as possible. This is admirable, but what if something bad happens to the older person, like a medical event which lands the older person in the hospital, and ready access to cash is needed? And, what if the older […]
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Does Grandma Have A Medical Consent Form For Her Grandchild?
During the summer, many grandchildren will stay with their grandparents for a period of time. If you are a grandparent who will be taking care of one of your grandchildren, be sure that you have a Medical Treatment Authorization Form for your grandchild. Most medical doctors will require such a legal document, which confirms that […]
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The Personal Residence Exclusion
When we are doing long term care planning with our clients, we often discuss the fact that if you sell your home during your life, you may have to pay tax on the capital gain. Capital Gain is the difference between the “basis” in the property, basically what you paid for it, and its selling […]
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When Can The State Recover Medi-Cal Payments?
If you die after having been on Medi-Cal, the state will want to recover from your estate. They will want to recover what they paid for your nursing home care while you were on Medi-Cal. If there is nothing in your estate when you die, there will have nothing in your estate for them to […]
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Medi-Cal and Life Insurance Recovery
If you die after having been on Medi-Cal, the state can only recover what is left in your estate at the time of your death. Whatever is in your revocable living trust when you die, is recoverable by Medi-Cal because that is part of your estate. That is why we reserve powers in the revocable […]
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Do-It-Yourself Estate Plans
If you do an on-line search, you will immediately find websites that will help you create estate planning documents like revocable living trusts and wills. The selling point of these websites is that you will save on legal fees. Accordingly, you do not receive legal representation from these web sites. But, are you being “penny […]
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How Does Medi-Cal Treat Joint Accounts?
All assets in the name of the Medi-Cal applicant are reported when qualifying for Medi-Cal. The home is reported, but can usually be confirmed as an exempt asset for qualification. So- called Qualified assets such as IRA’s are reported, but are but are also usually confirmed as exempt for qualification. The applicant can then not […]