In previous blogs, we have discussed various techniques, within the regulations, for obtaining Medi-Cal qualification for an ill spouse, when the couple has excess assets. These techniques include “spending down,” gifting and filing a court petition to obtain an order that allows the couple to keep all of their assets. In certain circumstances, especially between […]
Tag Archives: nursing home attorney Walnut Creek
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2017 MEDI-CAL DESK REFERENCE
2017 MEDI-CAL DESK REFERENCE Divestment Penalty Divisor $8,189.00 Individual Resource Allowance $2,000.00 Monthly Personal Needs Allowance $35.00 Community Spouse Resource Allowance $120,900.00 Monthly Maintenance Needs Allowance $3,023.00 Resource Allowance for a Couple (Husband and Wife both in facility) $2,000.00/each MICHAEL J. YOUNG, ATTORNEY AT LAW Elder Law Planning, Estate Planning, Trusts, Probate, Real Estate, Preservation […]
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Do not Listen To Your Neighbors Regarding Medi-Cal Eligibility
Do not listen to your neighbors regarding Medi-Cal eligibility! Over the last number of days, we have been told by several individuals who are interested in our services, that their understanding is that they would never qualify for Medi-Cal based upon “advice” they received from their neighbors. In each case, the advice was wrong. One […]
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Medi-Cal Recovery Will Be Limited to Probate Estates after January 1, 2017
We have recently blogged about the new legislation Governor Brown signed, effective January 1, 2017, which changes the rules regarding recovery by the state for payments it has made to nursing homes for Medi-Cal recipients. Under the old law, the only way we could avoid recovery was to ensure that there was nothing in the […]
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2017 Medi-Cal Recovery Against Surviving Spouse
Governor Brown has signed new legislation, effective January 1, 2017, which changes the rules regarding recovery by the state for payments it has made to nursing homes for Medi-Cal recipients. Under the present law, the state can recover against the surviving spouse or domestic partner of a Medi-Cal recipient, from whatever was in the Medi-Cal […]
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October, 2016 Medi-Cal Reference Guide
This Medi-Cal Reference Guide reflects some of the most frequently requested information we receive regarding Medi-Cal qualification. Community Spouse Resource Allowance (CSRA) $119,220. This is the amount of non-qualified money or investments that the well spouse may keep. Either spouse may keep any amount of qualified assets, such as IRAs. Monthly Maintenance Needs Allowance (MMMNA) […]
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Consider A Joint Checking Account With Your Parents
Many older people insist on handling their own financial affairs without assistance, for as long as as possible. This is admirable, but what if something bad happens to the older person, like a medical event which lands the older person in the hospital, and ready access to cash is needed? And, what if the older […]
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Does Grandma Have A Medical Consent Form For Her Grandchild?
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 […]
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The Personal Residence Exclusion
When we are doing long term care planning with our clients, we often discuss the fact that if you sell your home during your life, you may have to pay tax on the capital gain. Capital Gain is the difference between the “basis” in the property, basically what you paid for it, and its selling […]
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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 […]