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Home » Elder Law » Can Medi-Cal Take My Home?

Can Medi-Cal Take My Home?

July 7, 2015Elder Law

Can Medi-Cal Take My Home?The Medi-Cal program is widely utilized by seniors who need assistance paying for long-term care, because Medicare does not pay for living assistance. The average annual cost for a room in a nursing home is around $100,000, so Medi-Cal eligibility can allow seniors to leave their hard-earned resources behind to their loved ones.

You do not qualify for Medi-Cal automatically if you are a senior who is in need of long-term care. The program is only for people who have financial need. As a result, there is an asset limit of $2000. The asset limit is the bad news, but the good news is that everything that you own is not considered to be countable.

Your home is not considered to be a countable asset when Medi-Cal is determining your eligibility status. In other states, Medi-Cal is called Medicaid, and there is typically an equity limit. In California, there is no home equity limit at all when you are applying for Medi-Cal to pay for long-term care.

However, you do have to be concerned about Medi-Cal recovery efforts. If you maintain possession of your home in your own name when you qualify for Medi-Cal, and you pass away while you are still in possession of the home, it could be attached when Medi-Cal is seeking recovery.

This would not be the case under all circumstances. If you have a surviving spouse who is remaining in the home, Medi-Cal would not go after the property. Plus, if you had a child living in the home who was providing the care that was keeping you out of a nursing home for at least two years before you apply for Medi-Cal, you could give the child the home.

There is a 30 month look-back that prohibits people from giving gifts within a 30 month period before they apply for Medi-Cal. However, under the two-year child caregiver scenario, giving the home to the child would not violate the look-back. Plus, Medi-Cal would not place a lien on the home. Your child would own the home after you pass away, plain and simple.

Medi-Cal Planning Report

We have prepared a free special report that you should certainly download if you want to be prepared for future long-term care costs. Our Medi-Cal planning report has been carefully prepared to explain the program in a simple, down-to-earth fashion.

To obtain your copy of the report, visit this page and follow the simple instructions: Los Angeles Medi-Cal Planning.

To Schedule a Free Consultation

If you are interested in the possibility of working with our firm after learning these facts, please select our “Workshops” tab to RSVP for a free estate planning workshop. At that workshop you will be offered a free one-hour consultation with an attorney:  www.collinslawgroup.com/seminars/

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Caprice Collins
Caprice Collins
Attorney Caprice L. Collins is a top rated Harvard Law School graduate. She has 34 years of legal experience with a successful law practice devoted exclusively to Estate/Business Planning and Trust Administration. Attorney Collins is a well-respected keynote speaker on Wills, Living Trusts, Estate Planning, Business Planning and Trust Administration. She has appeared on California’s Real Estate Radio Station KTLK AM 1150 as a legal expert on Estate Planning and Living Trusts among many other notable media appearances Read More!
Caprice Collins
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“My mother told me about the Collins Law Group and I must say, the entire experience has been a real pleasure. Although I was nervous at first, the Collins Law Group staff put me at ease with their friendliness and knowledge. I didn’t realize how hard it could be on your family and loved ones left behind if you die without any planning or directions in place for them. My biggest concern was making sure my elderly mother would be provided for and taken care of if something happened to me. I have been a caregiver for her for 12 years, so this planning was crucially important. I had previously made a living trust for myself on Legal Zoom but there is no comparison to the level of service and professionalism that Collins Law Group embodies. Attorney Collins and her staff provides excellent service and it will take a large burden off of my family when they need guidance at the time of my passing.”

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