Elder Law & Medicaid Services

Confused about Medi-Cal? You're not alone! The complexity surrounding this constantly changing area of the law can sometimes feel overwhelming... it doesn't need to be.

Caring for the elderly and ensuring their assets are protected are some of the primary services offered by our law firm.

What is Long Term Care Planning?

Elder Law involves planning for the complex health care, long-term care, and other issues facing elderly and disabled individuals and their families. Studies show that we stand a 40 percent chance of needing long-term care at least once before we die. Therefore, everyone should take into account that at some point residency in a nursing home or an assisted living facility may be needed.

However, the substantial cost of nursing home care for an incapacitated person can wipe away a family's nest egg and the inheritance planned for surviving family members. The primary alternative to privately paying the nursing home is Medi-Cal.

Medi-Cal Planning Myths

So many times clients come to our office under the mistaken impression that there is nothing that can be done to protect assets from nursing home costs. Fortunately much of the circulating consumer knowledge is false or misinterpreted. For example, it isn’t always necessary to wait 5 years after gifting assets to become eligible for Medi-Cal. The answer actually depends upon the specific facts of your case. With the help of an experienced Elder Law and Medi-CalPlanning attorney many of the assets you have spent a lifetime accumulating can be protected from high nursing home expenses.

Medi-Cal Asset Protection Strategies

Although with the recent passage of the Deficit Reduction Act, increased restrictions affect the use of some techniques, other asset protection strategies remain viable, especially for married couples where one spouse requires long-term care. Some of these techniques may include setting up an Irrevocable Living Trust, making gifts to family members, and paying for certain Medi-Cal expenses.

Whether you are facing long-term care issues yourself or you have a family member who is, we encourage you to call with your questions or ask us for a free report. Be sure to call sooner rather than later because the timing of the decisions families need to make has a dramatic impact on whether or not someone can actually qualify for this type of support.

Veterans Benefits

We are dedicated to helping veterans, surviving spouses and their families understand how to plan for and obtain long-term care benefits from the Department of Veterans Affairs. We have found that a lot of families are unaware of the benefits available to them, while others have been misinformed that they do not qualify for benefits because they have too much income or too much property. The sad fact is that many have been given the wrong advice! If you or someone you love is a veteran (or surviving spouse of a veteran) and needs help with daily activities like cooking, cleaning, dressing, driving, mobility, or other assistance, the Aid & Attendance pension benefit can provide the funds you need to pay for that care.

Veterans Aid & Attendance: Special Care Pensions for Wartime Veterans

While many people are unaware it exists, the Veterans Administration (VA) Aid & Attendance Special Pension provides monetary assistance to wartime veterans – and surviving spouses of deceased veterans – who are disabled and need regular personal assistance in their daily environment. If the veteran qualifies, Aid & Attendance funds are provided in addition to monthly pension and Social Security benefits.

In order to qualify for Aid & Attendance benefits the applicant must have income and assets that total under the monetary limit set by the VA. However, certain expenses and items can be deducted and assets spent-down to qualify for benefits. Unlike qualifying for Medi-Cal benefits, the VA Aid & Attendance Pension program does not have a look-back period used in qualifying for benefits. Additionally, many elderly veterans and surviving spouses whose incomes are above the congressionally-mandated legal limit for a VA pension may still be eligible for Aid & Attendance benefits if they have high medical expenses, including nursing home expenses that are not reimbursed by insurance or other sources.

In order to take advantage of all the possible benefits available and insure that the many complex, related variables are looked after, it is important to seek the guidance of an experienced elder law attorney who is familiar with estate planning, disability, Medi-Cal and Veterans’ benefits. We are experienced in elder law and provides veterans and their families consultations to decide if it is appropriate to apply for this VA benefit, coordinate the application with any Medi-Cal planning and eligibility, and determine what steps must be taken.

With these needs in mind, our goal is to provide local families requiring assistance in this area with information that will help them get the best possible care for their loved one during this difficult time period. Our free report Aid & Attendance:Special Care Pensions for Wartime Veterans provides answers to some of the most frequently asked questions about this pension program. Our free report reveals important tips on:

  • Qualifying for benefits and who is eligible to apply
  • Determination of need and evidence
  • Applying for benefits and paperwork needed for application

This report was designed to provide families with an explanation on who is eligible, how to qualify and steps you should take now. Be sure to order your copy now!


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