Tag Archives: elder law attorney brentwood

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 […]

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 […]

Mom Is Showing Some Dementia – Can we still create a long term care plan for her?

In my workshops, we talk about the Elder Care Journey. Along this journey, which I show on a chart, is an area called “Declining Senior With Memory or Mobility Issues.”  I reference this step along the Elder Care Journey as a DANGER ZONE. We know that mobility issues and falling oftentimes is the beginning of […]

An Interesting Insurance Based Strategy To Help Private Pay For Long Term Care

Our clients are concerned about how they will private pay for their long term care. Most long term care takes place first in our homes and then in assisted living facilities. We have Medi-Cal in California, but it only pays for a stay in a skilled nursing facility, if we qualify. As a result, our clients are […]

It Is Difficult Being The Caregiver For Your Older Loved One

Many of our older clients are being taken care of by their spouse, or by one or more of their adult children or another family member. The older person of course appreciates the help, and the caregiver feels gratified in their role. The caregiver may also feel extremely guilty if they don not help. The […]

MY DAD IS IN A NURSING HOME AND KEEPS LOSING HIS GLASSES, WALLET AND “TEETH”

This is a common complaint we receive from clients. My own father, while he was in a nursing home during his late 80’s, would constantly complain about losing his dentures, which he called his “teeth”. He would complain that someone kept stealing his teeth. I would say, “Dad, no one wants to steal your teeth!” […]