During the summer, many grandchildren will stay with their grandparents for a period of time. If you are a grandparent who will be taking care of one of your grandchildren, be sure that you have a Medical Treatment Authorization Form for your grandchild. Most medical doctors will require such a legal document, which confirms that […]
Tag Archives: east bay elder law attorney
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The New Transfer On Death Deed (TOD)
On January 1, 2016, a new California law became effective which creates a Revocable Transfer on Death Deed. (“TOD Deed”). The deed is designed to transfer residential property to named beneficiaries upon the death of the grantor. There is no transfer of title during the life of the grantor. The legislative purpose of the TOD […]
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You Can Spend Down Resources for Medi-Cal Eligibility
For eligibility for Medi-Cal, you cannot have more than $2,000 in non-qualified assets in your name by the end of the month that you want to be eligible. So, if you apply for Medi-Cal on April 1, 2016, you must be down to $2,000 in assets by April 30, 2016. In addition to the $2,000, […]
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Medi-Cal and Life Insurance Recovery
If you die after having been on Medi-Cal, the state can only recover what is left in your estate at the time of your death. Whatever is in your revocable living trust when you die, is recoverable by Medi-Cal because that is part of your estate. That is why we reserve powers in the revocable […]
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How Does Medi-Cal Treat Joint Accounts?
All assets in the name of the Medi-Cal applicant are reported when qualifying for Medi-Cal. The home is reported, but can usually be confirmed as an exempt asset for qualification. So- called Qualified assets such as IRA’s are reported, but are but are also usually confirmed as exempt for qualification. The applicant can then not […]
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How Much Does The Surviving Spouse Receive In Social Security Benefits?
In a previous post, we discussed what you should do about Social Security benefits after someone dies. But with regard to married couples, how much will the surviving spouse receive? Generally speaking, the surviving spouse will receive 100% of the deceased spouse’s Social Security benefit, as long as that amount is greater than the surviving spouse’s […]
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Consider a Line of Credit On Your Home
The home is usually our clients’ most valuable asset. For Medi-Cal planning purposes, we have discussed in previous blogs how you can set up your Long Term Care Plan to ensure that you can transfer your home to your spouse or to you children without Medi-Cal penalty, and at the same time protect your home […]
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Plan For Incapacity Now
Planning for incapacity should take place now, while you still have good mental capacity. If you lose mental capacity, you will not be able to make good decisions regarding your financial and personal affairs. For seniors, incapacity can occur for instance, as the result of a head trauma, dementia or as a consequence of Alzheimer’s […]
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Beware of Arbitration Clauses
The New York Times has examined, in a series of articles, the problems with mandatory arbitration agreements in consumer contracts. The articles examine “… how clauses buried in tens of thousands of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court.” The NY Times series discusses how consumers […]
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Be On The Lookout For Sweepstakes Fraud
There are thousands of companies that use sweepstakes offers in an effort to lure people into sending them money. This has been reported by the Office of the Attorney General in California. The report says that many of these companies have been prosecuted by the California Attorney General, attorneys general in other states, by the […]