For Medi-Cal qualification for married couples, generally speaking, the ill spouse can only keep $2,000 in liquid assets, plus exempt assets such as the home and IRAs. In addition, the well spouse, also known as the community or at home spouse, can keep up to $113,640 in liquid assets, plus exempt assets. Any assets above […]
Category Archives: Estate Planning in California
Content related to estate planning in California.
We have qualified many of our clients for the VA Aid & Attendance Pension benefit, (A&A) which is available for wartime veterans or their surviving spouses, as part of their long term care plans. This program can pay the veteran over $19,000 per year, or the surviving spouse of the veteran over $12,000 per year. […]
Real property held in joint tenancy can be transferred upon the death of one of the owners of the property without a probate. However, this is not always a good idea. For instance, lets assume that John Doe is the owner of 123 Wilkins St., and John Doe wants his friend Jim Smith to obtain title […]
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Probates with Real Estate –
PROBATE is a court proceeding that is used to distribute your assets to your beneficiaries at the time of your death. Probates are complex, and require that numerous forms and regulations be followed, before the court will sign an order distributing your assets to your beneficiaries or heirs. A probate with regard to your home and […]
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The Importance of an “Elder Law” Durable Power of Attorney
Does your Financial Durable Power of Attorney (financial DPA) contain asset protection and government benefits qualification language? It probably does not, unless it was prepared by an elder law attorney. If you lose mental capacity, your spouse or children may be prevented from gifting your assets to themselves, in order to help you qualify for […]
The following is our 2012 CA Medi-Cal Quick Reference Guide. Please refer to our website, http://www.WalnutCreekElderLaw.com for a further explanation of Medi-Cal qualification requirements. 2012 CA Medi-Cal Quick Reference Guide Community Spouse Resource Allowance $113,640 This is the amount that the community, or (at home) well spouse can retain in liquid assets. This amount does not […]
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Life Expectancy and VA Aid & Attendance
The VA Aid and Attendance Improved Pension Benefit can help pay for the costs of in home care, assistant living facilities and board and care homes for the older wartime veteran. A single veteran can receive up to $1,644 per month, or $19,736 per year. A widowed Spouse can receive up to $1,056 per month […]
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Elder Abuse – Criminal and Civil – Red Flags
In California, civil and criminal Elder Abuse Laws pertain to persons 65 years of age or older. Under the criminal statutes, elder abuse can occur when someone causes the elder to suffer mentally or physically. Under the civil statutes, abuse can mean neglect, causing financial abuse, abandonment, and physical harm or mental suffering. In addition, under […]
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Alzheimer’s Planning – Long Term Relationship
We do Alzheimer’s planning in our lawfirm. This type of long term care planning includes, in part, the preparation of estate planning documents. These specialized documents contain required, updated language for asset protection and government benefits planning regarding Medi-Cal and the VA Aid and Attendance Improved Pension Benefit. Part of the planning may also include asset protection of the home and monetary […]
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Some Tips On Finding a Nursing Home
When finding a nursing home for your loved one is necessary, it is important to decide what is important for him or her. Things such as location, religious orientation and access to hobbies should be considered. You should request brochures from several facilities you are interested in, and you should tour several of the the facilities. […]