PROBATE is a court proceeding that is used to distribute your assets to your beneficiaries at the time of your death. Probates are complex, and require that numerous forms and regulations be followed, before the court will sign an order distributing your assets to your beneficiaries or heirs. A probate with regard to your home and […]
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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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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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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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Swimming With Grandchildren Without A Pool!
I can’t help myself talking about our grandkids, at least one more time. My wife and I have two grandchildren, a boy 4 and a girl 2 ½. Both kids “stayed over” a couple of weekends ago. They arrived on Saturday morning with their little suitcases packed, which included their swimsuits. They wanted to swim […]
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Protecting Senior Finances With Estate Planning
It is highly recommended for the older person, that their estate planning documents be put in place as early as possible, in order to help guard against elder financial abuse. It is when the older person begins to show signs of a loss of mental capacity, that financial predators step in to take advantage of the older person. We have been […]
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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 […]
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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 […]
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Choosing an Assisted Living Facility for a Loved One With Dementia
When choosing an assisted living facility for a loved one who suffers from dementia, certain things should be taken into account regarding the facility. More and more assisted living facilities can now accommodate residents with various levels of dementia. Some facilities have separate wings or dementia units. I have visited many assisted living facilities, and have many clients with […]