Category Archives: Medi-Cal Attorney Walnut Creek CA

Can I Give Each Of My Children $15,000 a Year and Still Qualify For Medi-Cal?

You can give $15,000 to each of your children per year under IRS rules, but there may be penalties if you apply for Medi-Cal within 30 months of the date of the gift. Under IRS rules for the year 2018, you can give away $15,000 or less to any number of individuals, without having to […]

When To Apply For Medi-Cal

Our clients often ask us when the appropriate time would be for them to file for Medi-Cal, to help pay for a stay in skilled nursing facility (SNF). If you are actually in a SNF, you can file a Medi-Cal application. Medi-Cal requires proof that you have been admitted to a SNF, and a will […]

No Penalties For Transfers Between Spouses Under Medi-Cal Regulations

When a person is in a nursing home and applies for Medi-Cal, the Medi-Cal application will ask whether the applicant has transferred away any non-exempt assets during the 30 months prior to the application date. Remember that exempt assets such as IRA’s are reported to Medi-Cal, but are not countable assets for Medi-Cal qualification.  The […]

Items Generally Exempted for Medi-Cal Qualification

If you apply for Medi-Cal, the following list includes items that are generally exempted for qualification. Your home is exempted if it is your principal residence. When applying for Medi-Cal, you will confirm on the application that you intend to return home after your stay in a skilled nursing facility. Medi-Cal requires a “subjective intent […]

Avoid Probate To Avoid Medi-Cal Recovery

When a Medi-Cal recipient dies, the state will attempt to recover from the recipient’s estate, what the state paid for that person’s care during his or her lifetime. Before January 1, 2017, the term “estate” referred to any assets in the recipient’s name at the time of death. As of January 1, 2017, as the […]

Medi-Cal Treatment of Reverse Mortgages

Reverse mortgage loans are designed for homeowners who are 62 years of age or older, and who have a substantial amount of equity in their homes. The amount of equity is usually the difference between the fair market appraised value of your property, and the amount due on existing mortgages. As the borrower under a […]

Medi-Cal Community Spouse Resource Allowance (CSRA) As of January 1, 2018

When one spouse applies for Medi-Cal, the state will look at the assets of both spouses for qualification of the ill spouse. As of January 1, 2018, the community spouse, also known as the “at-home” spouse, or the “well spouse”, may retain up to $123,600 in liquid assets. The ill spouse cannot have more than […]

Have You Checked In On Your Older Loved One Lately? “Driving”

Have you checked in on your older in-laws and parents lately? The holiday season affords a good opportunity for you to see them and observe how they are doing. Here are a few things you should consider when you see them. Driving If your older loved one is still driving, find an excuse to ride […]

Preventing Financial Elder Abuse – Wait Three Days Before Signing Anything

How to Prevent Financial Elder Abuse – Wait Three Days Before Signing Anything: When I was a child and I earned some money, a hole would immediately start burning in my pocket. I would be excited and tell my mother what I wanted to buy with the money. She would tell me to think about […]

Preventing Financial Elder Abuse-Personal Relationships

One red flag that we have seen showing possible elder abuse is exhibited by family members who are overly zealous about preserving the money that is being spent for the older person’s care. We have seen family members who are “caring” for an older person, refuse to spend sufficient funds for the older person’ care. […]