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. […]
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2017 MEDI-CAL DESK REFERENCE
2017 MEDI-CAL DESK REFERENCE Divestment Penalty Divisor $8,189.00 Individual Resource Allowance $2,000.00 Monthly Personal Needs Allowance $35.00 Community Spouse Resource Allowance $120,900.00 Monthly Maintenance Needs Allowance $3,023.00 Resource Allowance for a Couple (Husband and Wife both in facility) $2,000.00/each MICHAEL J. YOUNG, ATTORNEY AT LAW Elder Law Planning, Estate Planning, Trusts, Probate, Real Estate, Preservation […]
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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 […]
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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 […]
Most of our clients are Baby Boomer age and older. During the initial interview with my clients, I always ask how they plan to pay for their long term care, and whether they have long term care insurance. It seems that most people do not have long term care insurance. Many of my clients have […]
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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 […]
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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 […]
“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 […]
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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 […]
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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 […]