Category Archives: senior law walnut creek

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-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. […]

Prevent Financial Abuse: Financial & Estate Planning

Financial and Estate Planning: One of the best ways to prevent financial elder abuse, is to make sure that you know what your financial assets are at all times. You should be in contact with your financial advisor on a regular basis to determine whether there have been any changes to your accounts. Do not […]

Durable Powers Of Attorney For Young Adults

We usually don’t think estate planning documents are necessary for younger adults. But consider the potential need for financial and health care powers of attorney for them. We received a recent call from a client whose 23 year old daughter, Jenny, was in a severe automobile accident. Jenny suffered traumatic brain injury in the accident. […]

Your Home and The “Heggstad” Petition

Your home should be transferred to your revocable living trust for various reasons. One reason is to avoid probate of your home upon your death. Another reason is that as of January 1, 2017, if you die after having been on Medi-Cal, the state will not be able to pursue recovery against your home if […]

Medi-Cal Qualification and Joint Accounts

If you are applying for Medi-Cal, you will be required to disclose all of your assets in your application package. Medi-Cal wants to see evidence of all of your accounts, even joint accounts that you may have with someone else. Joint accounts will be considered by Medi-Cal, at least initially, to belong to you alone. […]

California Still Has A 30 Month Look Back for Gifting

California still has the 30 Month Look Back Penalty Period for Gifting. There is a federal law known as the Deficit Reduction Act (DRA), which has a 60 month look back penalty period. However, California has not to date implemented that law. Medi-Cal eligibility workers are required to use the 30 month look back period. […]

How Much Can I Have In IRA’s and Still Qualify for Medi-Cal?

We are often asked the question as to how much you or your spouse can have in IRA’s and 401k’s and still qualify for Medi-Cal. The Medi-Cal applicant, or the ill spouse, can have any amount of IRA’s, 401k’s etc. These are so-called “qualified funds.” The only requirement is that the Medi-Cal applicant must be […]

Does Your Trust Have a Mandatory Bypass Provision?

Most modern Revocable Living Trusts do not have a Mandatory Bypass Provision, which is usually good planning. This provision is normally NOT necessary, and if you have one, it can cause unnecessary headaches after the first spouse dies. A mandatory bypass provision will require splitting and re-titling of the trust assets between a Revocable Survivor’s […]

Springing vs. Immediate Financial Powers of Attorney

You should have a Financial Durable Power of Attorney (DPA) as part of your asset protection estate plan. This DPA allows your attorney in fact, such as your spouse or a child, to handle various financial matters and transactions for you. Categories of these powers include real estate, banking, financial institutions, retirement plans, trust activities, […]