Category Archives: Walnut Creek Elder Law

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 […]

Please click the attached to view a short video on a Medi-Cal After Acquired Asset Strategy. The couple’s home is transferred from the ill spouse to the well spouse. After we qualify the ill spouse for Medi-Cal, the home can be sold by the well spouse without disqualifying the wife for Medi-Cal. You will of […]

Medi-Cal Covers “Skilled Nursing Facilities”

It seems that many people are under the assumption that Medi-Cal pays for all kinds of housing for an older persons. This is not the case. Medi-Cal pays for nursing home care in “skilled nursing facilities.” There must be a doctor’s order that the applicant’s stay in the nursing home is “medically necessary.” The applicant […]

April 2015 CA Medi-Cal Quick Reference Guide (APPR Change)

The State of California has changed the Average Private Pay Rate – Divestment Penalty Divisor (APPR) for Medi-Cal qualification for 2015. A brief listing of the Medi-Cal qualification requirements with this change is set forth below: Community Spouse Resource Allowance (CSRA) $119,220 This is the amount that the community, or (at home) well spouse can retain in […]

Will Medi-Cal Let Me Make Gifts To My Wife Without Penalty?

Will Medi-Cal Let Me Make Gifts To My Wife Without Penalty? YES!  For qualification for Medi-Cal, there is presently a 30 month look back period for making gifts. But this look back period does not apply between spouses. We have discussed in previous blogs how to properly transfer the home between spouses in order to […]

Will Medi-Cal Take My Home?

We often receive calls in our office from people asking, “Is Medi-Cal going to take my home?” The answer to this question should be NO through proper long term care planning with your elder law attorney. To understand the issues involved, we must first look at the Medi-Cal regulations. In addition we must confirm that […]

What assets can you keep when qualifying for Medi-Cal?

What assets can you keep when qualifying for Medi-Cal? Your Home: Your home is generally exempt, or not counted, in determining eligibility for Medi-Cal. The Medi-Cal applicant, or their representative, must express an intent to return home. This is confirmed on the Medi-Cal application. It is also confirmed when you execute your estate planning documents […]

Estate Plans For The Older Client Are Different

The plain vanilla estate plan, which most people have, is designed for the younger client. The main purposes of this estate plan are to avoid probate court and to provide for the distribution of assets to heirs upon death. It will also minimize estate taxes. Estate plans for the older client include all of the […]

My Dad Has Already Done Some Gifting! Can He Still Qualify For Medi-Cal?

California does have gifting penalty rules. If the rules are not followed, you could create periods of ineligibility for Medi-Cal. If you follow the rules, Medi-Cal can pay for your stay in a skilled nursing facility, minus a share of the cost that you would pay. We have seen monthly bills of $10,000 and more […]

2015 CA Medi-Cal Quick Reference Guide

The State of California has changed some of the Medi-Cal qualification figures and requirements for 2015. A brief listing of these changes and requirements is set forth below: Community Spouse Resource Allowance (CSRA) $119,220 This is the amount that the community, or (at home) well spouse can retain in liquid assets. This amount does not include exempt […]