One of the most frequently asked questions I receive as an elder law attorney in Walnut Creek, CA is, “Can the State of California take my home if I die after having been on Medi-Cal?” The state will not actually take your home. But your home, if it is in your estate when you die, […]
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Protect Your Home From a Medi-Cal Lien With a Reserved Life Estate
Medi-Cal can pay for your stay in a skilled nursing facility if you qualify. Under the state’s regulations, your home can be confirmed as an exempt asset in the Medi-Cal application. This means that you can keep your home, if you are otherwise qualified, and still receive Medi-Cal. This is true whether you are single […]
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BEWARE OF SCAMMERS WHO PREY ON SENIORS
Scammers are consistently targeting older people. An older client of ours in Walnut Creek called us to ask how she could be taken to the airport so that she could give a courier $2,500 for a service fee. The service fee was apparently to ensure that she would receive $25,000 that she was told she […]
Congress passed the DRA (Deficit Reduction Act) on February 8, 2006. This act makes qualification for Medi-Cal benefits much more difficult. Congress mandated that the various states adopt the DRA into their rules, and Governor Schwarzenegger signed the DRA into law in California on September 27, 2008. We have been informed that the new DRA rules […]
My father spent some of his final months in a large assisted living facility. He was in his late 80’s, and was at times depressed and grouchy. Since the passing of my mother, he would not socialize easily, and would reject the entreaties of the resident ladies in the facility. He also would not participate […]
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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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Medi-Cal Qualification
This is a brief list of exempt assets for Medi-Cal qualification. Your home is generally exempt, and you can take steps to protect your home from a Medi-Cal lien after your death. Your household goods and personal belongs are exempt. You can have an exemption for one car. Term life insurance policies are excluded, but you cannot have […]
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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 […]