We receive calls from people asking us if they need to sell their home in order to qualify for Medi-Cal. They also ask us if the State will take their home after they die, if they have been on Medi-Cal. Your home is generally an exempt asset for qualification for Medi-Cal. You confirm to Medi-Cal that you have an intent to […]
Category Archives: brentwood
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Life Insurance and Medi-Cal
When we interview clients at the Law Offices of Michael J. Young, www.WalnutCreekElderLaw.com, regarding Medi-Cal qualification, we always ask if the Medi-Cal applicant owns any life insurance policies. For Medi-Cal qualification, the applicant can own any amount of term life insurance. As a result, term life insurance is an excluded asset for qualification. However, if the applicant owns whole […]
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Medi-Cal and Two Cars?
For Medi-Cal qualification, one car is generally deemed exempt. We receive calls in our office, The Law Offices of Michael J. Young, 925-256-0298, www.WalnutCreekElderLaw.com, from people telling us that they are going to immediately sell the second car. They think they need to do this in order to create Medi-Cal eligibility for their loved one. We […]
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THE FINAL EXPENSE TRUST FOR MEDI-CAL SPEND DOWN
A little known “spend down” technique for Medi-Cal qualification purposes is the FUNERAL EXPENSE TRUST, also known as the FINAL EXPENSE TRUST. Medi-Cal allows for assets in any amount to be transferred from the Medi-Cal applicant to an irrevocable trust, to pay for the funeral expenses of the Medi-Cal recipient. This transfer does not create any periods of ineligibility for […]
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JANUARY, 2010 ELDER LAW TODAY NEWSLETTER
VA BENEFITS MAY COVER THE COST OF AN ASSITED LIVING FACILITY OR IN HOME CARE www.WalnutCreekElderLaw.com. As we discussed in previous Elder Law Today newsletters, the Veteran’s Administration provides a wonderful pension benefit for those individuals who served at least one day during a period of wartime and are now disabled due to non-service connected […]
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Assets which are exempt or not counted for Medi-Cal Qualification
Certain assets are generally exempt, or not counted, for Medi-Cal eligibility. The following is a partial list of exempt assets. There are, of course, rules affecting each of these items. As a result, please consult your elder law attorney. One automobile is exempt for qualification. Many people think that if they have two cars, […]
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VA AID AND ATTENDANCE BENEFITS
VA AID AND ATTENDANCE BENEFITS The VA Aid and Attendance pension benefit program is provided by the Veterans Administration to veterans and their surviving spouses. This benefit helps to pay for in-home care, assisted living facility and nursing home costs. There are income and asset requirements for qualification. When we plan for the VA Aid […]
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SPENDING DOWN AND GIFTING ASSETS FOR MEDI-CAL QUALIFICATION
For Medi-Cal eligibility, the single applicant must have no more than $2,000 in non-exempt assets in her name. If you just give away your assets, without proper planning, and you want to enter a nursing home, you may create a period of ineligibility for Med-Cal. The ineligibility period begins at the date of the […]
aid & attendance benefit, aid and attendance, Alzheimer's Care, brentwood, ca, california, concord, contra costa county, danville, elder law, Estate Planning in California, Hospice Care, Medi-Cal Planning & Qualification, nursing home costs, nursing homes, parkinson's disease, Probate & Trust Administration, Uncategorized, Veteran's Benefits, walnut creek
THE MEDI-CAL IMPOVERISHED SPOUSE STATUTES
For Medi-Cal qualification, the community spouse (well spouse) is allowed to have $109,560 (in 2009) in non-exempt, or countable assets. This is called the Community Spouse Resource Allowance, or CSRA, which increases yearly based upon the Consumer Price Index. Only non-exempt assets are counted for the CSRA. As a result, IRA’s in the name of […]
aid & attendance benefit, aid and attendance, Alzheimer's Care, brentwood, ca, california, concord, contra costa county, danville, elder law, Estate Planning in California, Hospice Care, Medi-Cal Planning & Qualification, nursing home costs, nursing homes, parkinson's disease, Probate & Trust Administration, Uncategorized, Veteran's Benefits, walnut creek
What If You Die After Having Been On Medi-Cal?
If you die after having been on Medi-Cal, the State can pursue a claim against your estate for recoupment of the money they paid to the nursing home. But, if there are no assets in your estate when you die, there will be nothing for the State to recover. The State will not pursue a […]