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 […]
Tag Archives: nursing home attorney
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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 […]
The language used in estate planning documents for asset protection and government benefits planning for the older client, is very different from the language used in regular estate planning documents. In fact, I would say that 90% or more of all revocable living trusts and financial durable powers of attorney do not contain the right […]
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Plan For Medi-Cal And VA At The Same Time
When we plan for the VA Aid and Attendance Pension benefit, we plan for Medi-Cal at the same time. Medi-Cal and the VA benefit are both asset and income based programs. Medi-Cal pays for the costs of skilled nursing facilities, minus the share of cost paid by the recipient. The VA benefit can help pay […]
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Elder Abuse in California
The California Welfare and Institutions Code Section 15610.07 defines elder abuse as follows: “Abuse of an elder or a dependent adult” means either of the following: (a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (b) The deprivation by a care custodian of […]
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JANUARY, 2010 ELDER LAW TODAY NEWSLETTER
VA BENEFITS MAY COVER THE COST OF AN ASSITED LIVING FACILITY OR IN HOME CARE www.WalnutCreekElderLaw.com. As we discussed in previous Elder Law Today newsletters, the Veteran’s Administration provides a wonderful pension benefit for those individuals who served at least one day during a period of wartime and are now disabled due to non-service connected […]
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Assets which are exempt or not counted for Medi-Cal Qualification
Certain assets are generally exempt, or not counted, for Medi-Cal eligibility. The following is a partial list of exempt assets. There are, of course, rules affecting each of these items. As a result, please consult your elder law attorney. One automobile is exempt for qualification. Many people think that if they have two cars, […]
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SPENDING DOWN AND GIFTING ASSETS FOR MEDI-CAL QUALIFICATION
For Medi-Cal eligibility, the single applicant must have no more than $2,000 in non-exempt assets in her name. If you just give away your assets, without proper planning, and you want to enter a nursing home, you may create a period of ineligibility for Med-Cal. The ineligibility period begins at the date of the […]
aid & attendance benefit, aid and attendance, Alzheimer's Care, brentwood, ca, california, concord, contra costa county, danville, elder law, Estate Planning in California, Hospice Care, Medi-Cal Planning & Qualification, nursing home costs, nursing homes, parkinson's disease, Probate & Trust Administration, Uncategorized, Veteran's Benefits, walnut creek
THE MEDI-CAL IMPOVERISHED SPOUSE STATUTES
For Medi-Cal qualification, the community spouse (well spouse) is allowed to have $109,560 (in 2009) in non-exempt, or countable assets. This is called the Community Spouse Resource Allowance, or CSRA, which increases yearly based upon the Consumer Price Index. Only non-exempt assets are counted for the CSRA. As a result, IRA’s in the name of […]
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