As we have discussed in the past, there are 3 ways to pay for long term care. 1) You can use your own money; 2) You can use your long term care insurance if you have it; 3) You can utilize the VA Aid & Attendance program to help pay for in home care and […]
Tag Archives: Walnut Creek Elder Law Attorney
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How To Convert Your Life Insurance Policy To Help Pay For The Cost of Senior Care
Some of our clients have asked whether they should let their life insurance premiums lapse, as part of budgeting for the cost of care for their loved one. Many of our clients have been making premium payments on their life insurance policies for a long period of time. My answer is to first find out […]
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Hiring Home Health Aides:
As part of the Elder Care Journey as we call it, many of our clients will eventually need in-home-care. Our clients want to stay at home but will need help with various activities of daily living, such as eating, bathing, dressing, ambulating and toileting. In fact, our estate planning documents usually confirm an intent to […]
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Special Needs Trust & Inheritance & Workshop 5-8-2014
Special Needs Trusts and Inheritance: Q: Our father just passed away and left $400,000 in his revocable living trust to myself and my brother. My brother is on SSI and will lose his benefit when he receives the inheritance. What should we do? A. There is a remedy for this problem when someone dies, and […]
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Special Needs Trusts For Children
A number of our clients have “special needs” children who are presently receiving public benefits such as Supplemental Security Income and Medi-Cal. Other clients have “special needs” children who may need public benefits later in life. These public benefit programs have asset limits. Many times the children who are receiving public benefits become settled in […]
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Consider Naming a Professional Fiduciary In Your Estate Planning Documents
When we prepare our estate planning documents, such as the Revocable Living Trust and Financial Durable Powers of Attorney, we typically name our spouses and then our children as our fiduciaries if we cannot act for ourselves. It would seem that the most common reason that would cause a fiduciary to act is the loss of mental capacity of […]
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No Look Back Period for VA Aid & Attendance
There will NOT be a look-back gifting penalty period for the VA Aid & Attendance Pension Benefit. On February 27, 2014, Senate Bill 1982, known as The Veterans Pension Protection Act, did not get the required votes to pass. One of the purposes of this bill, which also contained other provisions, was to help curtail […]
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Your Home Is Still An Exempt Asset for Medi-Cal Qualification
The home (principal residence) of a Medi-Cal applicant is still not counted as an asset for qualification for Medi-Cal if you take certain steps. In order to qualify the home as an exempt asset, the applicant must confirm in writing that he intends to return to his home after a stay in a nursing home. […]
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Financial Durable Powers of Attorney for Baby Boomers and Seniors Can Now Provide for Long Term Care Planning and Asset Protection
Financial Durable Powers of Attorney (Fin. DPA’s) for Baby Boomers and Seniors can provide for asset protection and government benefits planning. The language we use in Fin. DPA’s for long term care planning for baby boomers and seniors is very different from the language we see in the plain vanilla Fin. DPA’s which most people […]
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7 Practical Considerations To Take Into Account When Choosing an Assisted Living Facility
Here are 7 Practical Considerations to take into account when you are choosing an assisted living facility, either for yourself or a loved one. We have developed this list after having first hand experience with assisted living facilities that my father lived in, and after having interacted with our clients regarding these issues over many […]