Tag Archives: capacity

Don’t Wait Too Long To Update Trust & Fin. DPA

Most (perhaps 99%) of all revocable living trusts and financial durable powers of attorney are defective for asset protection and government benefits planning, when incapacity occurs.   For the older client, we become focused on how we will pay for in-home care,  board-and-care, assisted living facilities and skilled nursing home costs. We are concerned about […]

What Happens If You Don’t Die?

Most estate planning documents are prepared for what happens when we die. They are not prepared for what happens if we don’t die. With regard to the trust, if one spouse dies, for instance, everything goes to the other spouse. When the second spouse dies, everything goes to the children. During the lives of the […]

Some Differences Between Medicaid and Medi-Cal

     Medicare is a Federal health insurance program. Social Security funds are used to pay the costs of the program. Individuals who are over the age of 65, and who have made Social Secuirty contributions during their working lives are entitled to benefits. Part A of Medicare pays for hospitalization, hospice and some health care. It also […]

What If You Die After Having Been On Medi-Cal?

If you die after having been on Medi-Cal, the State can pursue a claim against your estate for recoupment of the money they paid to the nursing home. But, if there are no assets in your estate when you die, there will be nothing for the State to recover. The State will not pursue a […]

Our Clients and Parkinson’s Disease

Parkinson’s disease is a brain disorder, wherein certain nerve cells in the brain become impaired or die. These nerve cells, called “neurons” normally produce a chemical known as dopamine. This chemical allows for smooth, coordinated functions of the body’s muscles and movements. When a high percentage of the brain cells which produce dopamine are impaired, […]

Modification of poorly drafted trust

It is a good idea to review revocable living trusts and the related estate planning documents, to be sure they have the updated elder law language for asset protection and public benefits planning. The daughter of an elderly woman came to see me, to help get the mother qualified for Medi-Cal, and to protect the mother’s home from a […]