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, […]
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For Medi-Cal qualification for married couples, generally speaking, the ill spouse can only keep $2,000 in liquid assets, plus exempt assets such as the home and IRAs. In addition, the well spouse, also known as the community or at home spouse, can keep up to $113,640 in liquid assets, plus exempt assets. Any assets above […]
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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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What Is The Difference Between Elder Law and Estate Planning?
I practice Elder Law and represent the older client and their families. When clients come to see me, their concerns are not so much about what happens when they die, but more about ‘What happens if they don’t die.’ Of course, they want to make sure that their assets pass to their family with a minimum of expenses and taxes. But […]
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Life Expectancy and VA Aid & Attendance
The VA Aid and Attendance Improved Pension Benefit can help pay for the costs of in home care, assistant living facilities and board and care homes for the older wartime veteran. A single veteran can receive up to $1,644 per month, or $19,736 per year. A widowed Spouse can receive up to $1,056 per month […]
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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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Alzheimer’s Planning – Long Term Relationship
We do Alzheimer’s planning in our lawfirm. This type of long term care planning includes, in part, the preparation of estate planning documents. These specialized documents contain required, updated language for asset protection and government benefits planning regarding Medi-Cal and the VA Aid and Attendance Improved Pension Benefit. Part of the planning may also include asset protection of the home and monetary […]
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Some Tips On Finding a Nursing Home
When finding a nursing home for your loved one is necessary, it is important to decide what is important for him or her. Things such as location, religious orientation and access to hobbies should be considered. You should request brochures from several facilities you are interested in, and you should tour several of the the facilities. […]
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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 […]