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 […]
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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 […]
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, […]
We have qualified many of our clients for the VA Aid & Attendance Pension benefit, (A&A) which is available for wartime veterans or their surviving spouses, as part of their long term care plans. This program can pay the veteran over $19,000 per year, or the surviving spouse of the veteran over $12,000 per year. […]
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The Importance of an “Elder Law” Durable Power of Attorney
Does your Financial Durable Power of Attorney (financial DPA) contain asset protection and government benefits qualification language? It probably does not, unless it was prepared by an elder law attorney. If you lose mental capacity, your spouse or children may be prevented from gifting your assets to themselves, in order to help you qualify for […]
The following is our 2012 CA Medi-Cal Quick Reference Guide. Please refer to our website, http://www.WalnutCreekElderLaw.com for a further explanation of Medi-Cal qualification requirements. 2012 CA Medi-Cal Quick Reference Guide Community Spouse Resource Allowance $113,640 This is the amount that the community, or (at home) well spouse can retain in liquid assets. This amount does not […]
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Elder Abuse – Criminal and Civil – Red Flags
In California, civil and criminal Elder Abuse Laws pertain to persons 65 years of age or older. Under the criminal statutes, elder abuse can occur when someone causes the elder to suffer mentally or physically. Under the civil statutes, abuse can mean neglect, causing financial abuse, abandonment, and physical harm or mental suffering. In addition, under […]
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VA Aid & Attendance Pension Benefits w/o The Sale of Annuities
The VA Aid & Attendance Pension Benefit is available for wartime veterans or their surviving spouses. For 2011, a single veteran can receive up to $1,644 per month, and $1,949 if married. The widowed spouse can receive up to $1,056 per month. This benefit is most helpful for payment of in home care, assisted living facility […]
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Swimming With Grandchildren Without A Pool!
I can’t help myself talking about our grandkids, at least one more time. My wife and I have two grandchildren, a boy 4 and a girl 2 ½. Both kids “stayed over” a couple of weekends ago. They arrived on Saturday morning with their little suitcases packed, which included their swimsuits. They wanted to swim […]
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My Grandchildren are Too Cute!
When I was younger and people started to talk about their grandchildren, I would practically plug my ears. Now that we have two grandchildren, ages 4 and 2, I am the one who can’t stop talking about them. So, since I can’t stop myself, I must tell you a story about my granddaughter, Edie. She will be […]