Category Archives: Nursing Home Attorney Walnut Creek

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 […]

Please click the attached to view a short video on a Medi-Cal After Acquired Asset Strategy. The couple’s home is transferred from the ill spouse to the well spouse. After we qualify the ill spouse for Medi-Cal, the home can be sold by the well spouse without disqualifying the wife for Medi-Cal. You will of […]

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 […]

April 2015 CA Medi-Cal Quick Reference Guide (APPR Change)

The State of California has changed the Average Private Pay Rate – Divestment Penalty Divisor (APPR) for Medi-Cal qualification for 2015. A brief listing of the Medi-Cal qualification requirements with this change is set forth below: Community Spouse Resource Allowance (CSRA) $119,220 This is the amount that the community, or (at home) well spouse can retain in […]

Will Medi-Cal Let Me Make Gifts To My Wife Without Penalty?

Will Medi-Cal Let Me Make Gifts To My Wife Without Penalty? YES!  For qualification for Medi-Cal, there is presently a 30 month look back period for making gifts. But this look back period does not apply between spouses. We have discussed in previous blogs how to properly transfer the home between spouses in order to […]

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 […]

2015 CA Medi-Cal Quick Reference Guide

The State of California has changed some of the Medi-Cal qualification figures and requirements for 2015. A brief listing of these changes and requirements is set forth below: Community Spouse Resource Allowance (CSRA) $119,220 This is the amount that the community, or (at home) well spouse can retain in liquid assets. This amount does not include exempt […]

Treatment of The Home With Reverse Mortgages By Medi-Cal

Under the Medi-Cal regulations, it is fairly easy for us to establish the home as an “exempt asset” for qualification for Medi-Cal. The usual way is to confirm “an intent to return home” by the Medi-Cal applicant. The next task is to protect the home from a Medi-Cal lien if you pass away after having […]

Final Expense Trust For No Fee

As part of your long term care planning, you can also plan ahead for payment of funeral costs. You can put an amount you decide on into an “irrevocable final expense trust” which will pay for funeral and related costs at the time of your passing. The money you put into the final expense trust […]