Category Archives: Uncategorized

Asset Protection, Medi-Cal and Financial Durable Powers of Attorney

Asset Protection, Medi-Cal and Financial Durable Powers of Attorney Specialized Language is required in Financial Durable Powers of Attorney for Asset Protection and Medi-Cal planning. Most Financial Durable Powers of Attorney do not have the required language to make gifts and transfers of assets, like the home, for asset protection and Medi-Cal Planning. Click Here […]

One Unique Way You Can Use Your Own Funds To Help Pay For Your Long Term Care Is To Convert Your Life Insurance Policy Into a Life Care Funding Trust

As we have discussed in the past, there are 3 ways to pay for long term care. 1) You can use your own money; 2) You can use your long term care insurance if you have it; 3) You can utilize the VA Aid & Attendance program to help pay for in home care and […]

I Thought My Revocable Living Trust Protected My Assets from Medi-Cal

Many people who call our office are under the belief that because they have a revocable living trust, that their assets are exempt from Medi-Cal qualification. They also believe that their revocable living trust protects their assets from a Medi-Cal lien from recovery to the State after they die. Both notions are incorrect. When qualifying […]

Problems With Do It Yourself Estate Planning:

“My husband has prepared our estate planning documents using downloaded forms from the internet. He now has dementia, and may need to go into a nursing home. Can you help us apply for Medi-Cal and protect our home and other assets?” This is an actual case, and the documents are a mess. The documents will […]

2013 CA Medi-Cal Quick Reference Guide

The State of California has changed some of the Medi-Cal qualification figures and requirements for 2013. A brief listing of these changes and requirements is set forth below: 2013 CA Medi-Cal Quick Reference Guide Community Spouse Resource Allowance $115,920 This is the amount that the community, or (at home) well spouse can retain in liquid assets. This […]

You Can Ask For Copies of Your Nursing Home Medical Records

If you are a resident of a nursing home, you have the right to access your medical records. You can request copies of your medical records, and the nursing home has two business days to give you a copy of your records. Your request should be made in writing. You will have to pay for […]

Now Is The Time To Plan For Incapacity

My mother, who was a WWII veteran and the mother of five wild boys and a composed girl, used to tell me that the only thing that she really feared in life was losing her mental capacity. When I was a younger attorney, and my parents were younger, I prepared their estate plan, which was […]

Protect Your Home From a Medi-Cal Lien With a Reserved Life Estate

Medi-Cal can pay for your stay in a skilled nursing facility if you qualify. Under the state’s regulations, your home can be confirmed as an exempt asset in the Medi-Cal application. This means that you can keep your home, if you are otherwise qualified, and still receive Medi-Cal. This is true whether you are single […]

Where are Mom’s Papers?

It is very important to know where your loved one’s papers are! We are always trying to accomplish elder care planning as early as possible, so that we can get all of our ducks in a row before memories fade.   Last week we helped a family whose elderly mother needed long term care planning. The father had died almost two years earlier, […]