Category Archives: Asset Protection Attorney Walnut Creek

Don’t Be A Victim Of Fraud and Financial Abuse

A 2013 study published by the MetLife Mature Market Institute estimated that elders are defrauded of approximately $2.9 billion dollars annually. The reason for this seems to be that older people are too trusting of strangers. My own father, who was in sales his entire life, was too easily talked into buying things he did […]

You Can Self-Insure For Your Long Term Care

Through our elder law firm, you can explore the possibility of self-insuring for your long term care, using what are referred to as “legacy assets.” Your portfolio may contain assets that you are not presently relying upon for your support, and that you keeping for a “rainy day.”  In the back of your mind, the […]

Medi-Cal Gifting Language For Your Revocable Living Trust by Michael J. Young Elder Law Attorney

Most revocable living trusts do not have the required asset protection and gifting language for Medi-Cal qualification which is needed if the maker of the trust becomes mentally incapacitated. Click below to see Walnut Creek elder law attorney Michael J. Young explains more below about the specialized language. Walnut Creek Elder Law Attorney Michel J. […]

Medi-Cal, Capital Gains and the Home

In previous blogs, we have discussed how we can establish the home as an “exempt asset” for qualification for Medi-Cal. Your elder law attorney can help you take the steps necessary to exempt your home and help you qualify for Medi-Cal. However, if your home is in your estate when you pass away after having […]

Medi-Cal Gifting Rules for a Single Person

Click the link below to find out about the Medi-Cal gifting rules for a single person.  Medi-Cal presently has a 30 month look-back period for gifting. The period of ineligibility starts when the gift is made. When the Deficit Reduction Act (DRA) rules are adopted in California, there will be a five year look back […]

Medi-Cal Covers “Skilled Nursing Facilities”

It seems that many people are under the assumption that Medi-Cal pays for all kinds of housing for an older persons. This is not the case. Medi-Cal pays for nursing home care in “skilled nursing facilities.” There must be a doctor’s order that the applicant’s stay in the nursing home is “medically necessary.” The applicant […]

Will Medi-Cal Take My Home?

We often receive calls in our office from people asking, “Is Medi-Cal going to take my home?” The answer to this question should be NO through proper long term care planning with your elder law attorney. To understand the issues involved, we must first look at the Medi-Cal regulations. In addition we must confirm that […]

What assets can you keep when qualifying for Medi-Cal?

What assets can you keep when qualifying for Medi-Cal? Your Home: Your home is generally exempt, or not counted, in determining eligibility for Medi-Cal. The Medi-Cal applicant, or their representative, must express an intent to return home. This is confirmed on the Medi-Cal application. It is also confirmed when you execute your estate planning documents […]

Estate Plans For The Older Client Are Different

The plain vanilla estate plan, which most people have, is designed for the younger client. The main purposes of this estate plan are to avoid probate court and to provide for the distribution of assets to heirs upon death. It will also minimize estate taxes. Estate plans for the older client include all of the […]

My Dad Has Already Done Some Gifting! Can He Still Qualify For Medi-Cal?

California does have gifting penalty rules. If the rules are not followed, you could create periods of ineligibility for Medi-Cal. If you follow the rules, Medi-Cal can pay for your stay in a skilled nursing facility, minus a share of the cost that you would pay. We have seen monthly bills of $10,000 and more […]