The language used in estate planning documents for asset protection and government benefits planning for the older client, is very different from the language used in regular estate planning documents. In fact, I would say that 90% or more of all revocable living trusts and financial durable powers of attorney do not contain the right […]
Category Archives: Veteran’s Benefits
Content related to Veteran’s (VA) benefits.
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Plan For Medi-Cal And VA At The Same Time
When we plan for the VA Aid and Attendance Pension benefit, we plan for Medi-Cal at the same time. Medi-Cal and the VA benefit are both asset and income based programs. Medi-Cal pays for the costs of skilled nursing facilities, minus the share of cost paid by the recipient. The VA benefit can help pay […]
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Elder Abuse in California
The California Welfare and Institutions Code Section 15610.07 defines elder abuse as follows: “Abuse of an elder or a dependent adult” means either of the following: (a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (b) The deprivation by a care custodian of […]
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Using The Final Expense Trust in Medi-Cal Planning
http://lawyoung.byoaudio.com/files/media/7452d421-cf4f-8f57-c8f8-e1ee605d10e0.mp3
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9 Steps to Peace of Mind for the Parkinson’s Family
Parkinson’s Disease has affected all kinds of people. Pope John Paul II. Michael J. Fox. Even Hitler. But you don’t need to be advanced in age or even genetically predisposed to suffer from Parkinson’s Disease. It’s not inherited. And it’s not just confined to seniors. But most people tend to suffer in isolation due to the […]
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Elder Law: Veterans Affairs Aid & Attendance Improved Pension Benefit:
In the seminars presented by Walnut Creek elder law attorney Michael J. Young, www.WalnutCreekElderLaw.com, he talks about the Veterans Affairs Aid & Attendance Improved Pension Benefit, which is paid to wartime veterans or to their surviving spouses. The program is asset and income based, as is Medi-Cal. However, the two programs have different qualification rules. The […]
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Do I have to sell my home to go on Medi-Cal and will they take it after I die?
We receive calls from people asking us if they need to sell their home in order to qualify for Medi-Cal. They also ask us if the State will take their home after they die, if they have been on Medi-Cal. Your home is generally an exempt asset for qualification for Medi-Cal. You confirm to Medi-Cal that you have an intent to […]
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Life Insurance and Medi-Cal
When we interview clients at the Law Offices of Michael J. Young, www.WalnutCreekElderLaw.com, regarding Medi-Cal qualification, we always ask if the Medi-Cal applicant owns any life insurance policies. For Medi-Cal qualification, the applicant can own any amount of term life insurance. As a result, term life insurance is an excluded asset for qualification. However, if the applicant owns whole […]
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Medi-Cal and Two Cars?
For Medi-Cal qualification, one car is generally deemed exempt. We receive calls in our office, The Law Offices of Michael J. Young, 925-256-0298, www.WalnutCreekElderLaw.com, from people telling us that they are going to immediately sell the second car. They think they need to do this in order to create Medi-Cal eligibility for their loved one. We […]
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THE FINAL EXPENSE TRUST FOR MEDI-CAL SPEND DOWN
A little known “spend down” technique for Medi-Cal qualification purposes is the FUNERAL EXPENSE TRUST, also known as the FINAL EXPENSE TRUST. Medi-Cal allows for assets in any amount to be transferred from the Medi-Cal applicant to an irrevocable trust, to pay for the funeral expenses of the Medi-Cal recipient. This transfer does not create any periods of ineligibility for […]