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 […]
Category Archives: Estate Planning in California
Content related to estate planning in California.
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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 […]
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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 […]
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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 […]
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Our Clients and Parkinson’s Disease
Parkinson’s disease is a brain disorder, wherein certain nerve cells in the brain become impaired or die. These nerve cells, called “neurons” normally produce a chemical known as dopamine. This chemical allows for smooth, coordinated functions of the body’s muscles and movements. When a high percentage of the brain cells which produce dopamine are impaired, […]
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, Probate & Trust Administration, Uncategorized, Veteran's Benefits, walnut creek
For Home Health Agencies: Important News on a US Government Program That Can Help Pay Your Clients’ In-Home Healthcare Costs
If you run a home health agency, you probably feel like you are wearing a hundred different hats, from finding the right employees, to dealing with all of the issues they bring with them. Moreover, you are communicating with clients who are stressed out and who are wondering how they are going to be able to pay for your valuable services. Did you […]
October 27, 2009 Major Changes To the Medi-Cal Laws Pending By: Michael J. Young Elder Law Attorney Governor Schwarzenegger recently signed the Deficit Reduction Act (DRA) into law in California. The law has not yet taken effect, but when it does take effect, within the next several months, there will be major changes […]