Elder Law & Medi-Cal Planning

Elder Law

The firm's Elder Law practice covers a wide range of issues affecting seniors and incapacitated persons. Elder Law includes Medi-Cal qualification for skilled nursing facilities and planning opportunities for long-term care. It also includes assisting families when one member has Alzheimer's Disease or another dementia, Parkinsons Disease, brain disorders or other illnesses.

The Top Eight Mistakes People Make with Medi-Cal Qualification

1. Thinking it’s too late to plan.
   It’s almost never too late to take planning steps, even after a senior has moved to a nursing home.
2. Giving away assets too early.
   First, it’s your money (or your house, or both). Make sure you take care of yourself first. Don’t put your security at risk by putting it in the hands of your children. Precipitous transfers can cause difficult tax and Medicaid problems as well.
3. Ignoring important safe harbors created by Congress.
   Certain transfers are allowable without jeopardizing Medi-Cal eligibility. These include: transfers to disabled children, transfers to certain siblings and transfers to a trust for anyone who is disabled and under age 65; a transfer to a “pay-back” trust if under age 65; and a transfer to a pooled disability trust at any age.
4. Failing to take advantage of protections for the spouse of a nursing home resident.
   In California, there are several ways to protect assets for the spouse of a nursing home resident. These protections include obtaining a Court Order to protect the “at-home spouse”, petitioning for an increased community spouse resource allowance, petitioning for an increased income allowance and obtaining professional advice on how to decrease the “share of cost” that must be paid to the nursing facility.
5. Applying for Medicaid too early.
   This can result in a longer period of ineligibility in some instances.
6. Applying for Medicaid too late.
   This can mean the loss of many months of eligibility.
7. Not getting expert help.
   This is a complicated field that most people deal with only once in their lives. Tens of thousands of dollars are at stake. It’s penny wise and pound foolish not to consult with people who make their living guiding clients through the process.
8. Confusion about the difference between Medi-Cal qualification, liens and estate recovery.
   The assets that are “exempt” for purposes of Medi-Cal qualification are not the same as the assets that are “exempt” for Medi-Cal recovery after a beneficiary’s death. There are many individuals on Medi-Cal who own a house and Medi-Cal is often entitled to be reimbursed from the house after the individual’s death. To avoid such estate recovery against the house, it is important to get professional advice regarding the best option for your particular family’s needs.