Many of our older clients are being taken care of by their spouse, or by one or more of their adult children or another family member. The older person of course appreciates the help, and the caregiver feels gratified in their role. The caregiver may also feel extremely guilty if they don not help. The […]
Tag Archives: Walnut Creek Elder Law Attorney
This is a common complaint we receive from clients. My own father, while he was in a nursing home during his late 80’s, would constantly complain about losing his dentures, which he called his “teeth”. He would complain that someone kept stealing his teeth. I would say, “Dad, no one wants to steal your teeth!” […]
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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 […]
It is very important to know where your loved one’s papers are! We are always trying to accomplish elder care planning as early as possible, so that we can get all of our ducks in a row before memories fade. Last week we helped a family whose elderly mother needed long term care planning. The father had died almost two years earlier, […]
For Medi-Cal qualification for married couples, generally speaking, the ill spouse can only keep $2,000 in liquid assets, plus exempt assets such as the home and IRAs. In addition, the well spouse, also known as the community or at home spouse, can keep up to $113,640 in liquid assets, plus exempt assets. Any assets above […]
Real property held in joint tenancy can be transferred upon the death of one of the owners of the property without a probate. However, this is not always a good idea. For instance, lets assume that John Doe is the owner of 123 Wilkins St., and John Doe wants his friend Jim Smith to obtain title […]
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Probates with Real Estate –
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 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 […]