One red flag that we have seen showing possible elder abuse is exhibited by family members who are overly zealous about preserving the money that is being spent for the older person’s care. We have seen family members who are “caring” for an older person, refuse to spend sufficient funds for the older person’ care. […]
Category Archives: Walnut Creek Elder Law
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Prevent Financial Abuse: Financial & Estate Planning
Financial and Estate Planning: One of the best ways to prevent financial elder abuse, is to make sure that you know what your financial assets are at all times. You should be in contact with your financial advisor on a regular basis to determine whether there have been any changes to your accounts. Do not […]
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How To Prevent Financial Elder Abuse – The Telephone
The telephone is widely used for financial elder abuse. Remember that you do not have to immediately answer the telephone. You should let the caller leave a voice mail. That way you can find out who the caller is and only call back if you choose to do so. If you do happen to answer […]
CALIFORNIA 2017 REVISED MEDI-CAL DESK REFERENCE Divestment Penalty Divisor $8,515.00 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 Medi-Cal Attorney, Michael J. Young, Walnut Creek, CA 925-256-0298
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Durable Powers Of Attorney For Young Adults
We usually don’t think estate planning documents are necessary for younger adults. But consider the potential need for financial and health care powers of attorney for them. We received a recent call from a client whose 23 year old daughter, Jenny, was in a severe automobile accident. Jenny suffered traumatic brain injury in the accident. […]
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Your Home and The “Heggstad” Petition
Your home should be transferred to your revocable living trust for various reasons. One reason is to avoid probate of your home upon your death. Another reason is that as of January 1, 2017, if you die after having been on Medi-Cal, the state will not be able to pursue recovery against your home if […]
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Medi-Cal Qualification and Joint Accounts
If you are applying for Medi-Cal, you will be required to disclose all of your assets in your application package. Medi-Cal wants to see evidence of all of your accounts, even joint accounts that you may have with someone else. Joint accounts will be considered by Medi-Cal, at least initially, to belong to you alone. […]
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California Still Has A 30 Month Look Back for Gifting
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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How Much Are Probate Fees?
In California, Probate Code section 10810 statutorily sets the maximum amounts that executors and attorneys may be paid for their fees. The amount of attorney fees and executor fees are ordered by the court at the end of case. If the case is complicated, for instance where litigation is involved, the attorney can request that […]
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VA Benefit May Help Cover The Costs of In Home Care or an Assisted Living Facility
The Veteran’s Administration has a pension benefit known as Aid and Attendance, for the benefit of older, disabled war time veterans who have served at least one day in the service during an official wartime period. This benefit can help pay the costs of in home care, board and care and assisted living facilities. The […]