If you die after having been on Medi-Cal, the state can only recover what is left in your estate at the time of your death. Whatever is in your revocable living trust when you die, is recoverable by Medi-Cal because that is part of your estate. That is why we reserve powers in the revocable […]
Category Archives: senior law walnut creek
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How Does Medi-Cal Treat Joint Accounts?
All assets in the name of the Medi-Cal applicant are reported when qualifying for Medi-Cal. The home is reported, but can usually be confirmed as an exempt asset for qualification. So- called Qualified assets such as IRA’s are reported, but are but are also usually confirmed as exempt for qualification. The applicant can then not […]
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Changes Are Coming For VA A&A Qualification
New changes are in the works which may make it more difficult to qualify for the VA Aid & Attendance Pension Benefit. This benefit, for older war time veterans or their surviving spouses, has been very helpful for some of our clients, to help them pay for their long term care costs. A single veteran […]
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How Much Does The Surviving Spouse Receive In Social Security Benefits?
In a previous post, we discussed what you should do about Social Security benefits after someone dies. But with regard to married couples, how much will the surviving spouse receive? Generally speaking, the surviving spouse will receive 100% of the deceased spouse’s Social Security benefit, as long as that amount is greater than the surviving spouse’s […]
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Plan For Incapacity Now
Planning for incapacity should take place now, while you still have good mental capacity. If you lose mental capacity, you will not be able to make good decisions regarding your financial and personal affairs. For seniors, incapacity can occur for instance, as the result of a head trauma, dementia or as a consequence of Alzheimer’s […]
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Beware of Arbitration Clauses
The New York Times has examined, in a series of articles, the problems with mandatory arbitration agreements in consumer contracts. The articles examine “… how clauses buried in tens of thousands of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court.” The NY Times series discusses how consumers […]
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Help For Caregiver Burnout
Over the past years, practicing in the area of elder law and long term care planning, we have observed many cases of elder care burnout. The caretaker spouse or child is usually not equipped to adequately care for a loved one who is suffering from Alzheimer’s or Parkinson’s Disease, or other debilitating diseases. These diseases […]
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Be On The Lookout For Sweepstakes Fraud
There are thousands of companies that use sweepstakes offers in an effort to lure people into sending them money. This has been reported by the Office of the Attorney General in California. The report says that many of these companies have been prosecuted by the California Attorney General, attorneys general in other states, by the […]
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Governor Brown Signs The End Of Life Options Bill
Governor Edmund G. Brown Jr. signed into law the AB-15 End of Life Options bill on October 5, 2015. This is landmark legislation which allows patients who are terminally ill to receive lethal medications to end their lives at a time they choose. The law will become effective at a date to be announced during […]
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Watch Out For This Scam Regarding Recorded Deeds
As part of our estate and long-term care planning practice, we regularly prepare deeds for our clients. These deeds can for instance transfer real property into or out of trusts, or between individuals. We send the executed and acknowledged deeds to the recorder’s office along with the required preliminary change of ownership reports. Thereafter, within […]