Through our elder law firm, you can explore the possibility of self-insuring for your long term care, using what are referred to as “legacy assets.” Your portfolio may contain assets that you are not presently relying upon for your support, and that you keeping for a “rainy day.” In the back of your mind, the […]
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Medi-Cal Gifting Language For Your Revocable Living Trust by Michael J. Young Elder Law Attorney
Most revocable living trusts do not have the required asset protection and gifting language for Medi-Cal qualification which is needed if the maker of the trust becomes mentally incapacitated. Click below to see Walnut Creek elder law attorney Michael J. Young explains more below about the specialized language. Walnut Creek Elder Law Attorney Michel J. […]
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Medi-Cal Gifting Rules for a Single Person
Click the link below to find out about the Medi-Cal gifting rules for a single person. Medi-Cal presently has a 30 month look-back period for gifting. The period of ineligibility starts when the gift is made. When the Deficit Reduction Act (DRA) rules are adopted in California, there will be a five year look back […]
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Asset Protection, Medi-Cal and Financial Durable Powers of Attorney
Asset Protection, Medi-Cal and Financial Durable Powers of Attorney Specialized Language is required in Financial Durable Powers of Attorney for Asset Protection and Medi-Cal planning. Most Financial Durable Powers of Attorney do not have the required language to make gifts and transfers of assets, like the home, for asset protection and Medi-Cal Planning. Click Here […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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Treatment of The Home With Reverse Mortgages By Medi-Cal
Under the Medi-Cal regulations, it is fairly easy for us to establish the home as an “exempt asset” for qualification for Medi-Cal. The usual way is to confirm “an intent to return home” by the Medi-Cal applicant. The next task is to protect the home from a Medi-Cal lien if you pass away after having […]