Spouse on Medi-Cal?  May Be Time To Change Your Will

Q. My husband is in a nursing home and has qualified  for a Medi-Cal subsidy to help with care expenses. To qualify, I was obliged to take his name off of most of our bank accounts, so that almost everything is in my name now. However, I have my own health problems and I wonder… Read More »

How the $1.9 Trillion ‘American Rescue Plan Act’ Will Help Seniors

Q, I know that Congress and President Biden recently approved a new law that adds significant money into improving vaccinations and other COVID-19 outreach, but I wonder what other provisions are in the new law that might help seniors. A. Good question. The AMERICAN RESCUE PLAN ACT of 2021 (“ARPA”), R. 1319, was narrowly passed… Read More »

When a ‘Last Will’ Is Not Enough

Q. My wife and I were wondering whether we would need more than a Last Will for each of us to cover what happens upon death. Is a Will usually enough? A. Good question.  The simple answer is “No”. Usually more planning documents are necessary, or at least strongly advisable. While a Will is an… Read More »

Defending Against Premature Nursing Home Discharges

Q.  My father was discharged from the hospital into a nursing home, has been there only about 2 weeks under MediCARE, and now they are pressing us to bring him home. But, he’s not ready and still needs care. Is this right? A.  No, it is not. Unfortunately, many nursing homes are concerned about whether… Read More »

Can I Use My Father’s POA to Help Him Qualify for Medi-Cal?

Q.   My father is in a nursing home and could really use a Medi-Cal subsidy to help with the cost, which is running about $9,500 per month.  He has dementia and cannot manage his own finances.  Years ago he signed a Power Of Attorney naming me as his agent.  Can I use it to make… Read More »

Key Elder Law Numbers for 2021

To Our Clients and Friends: Below are updated numbers for 2021 that are frequently used in our Elder Law practice and which may be of interest to clients: Medi-Cal Spousal Impoverishment Numbers for 2021 The new Community Spouse Resource Allowance (“CSRA”) is $130,380. The Minimum Monthly Maintenance Needs Allowance (“MMMNA”) for the “At- Home” Spouse… Read More »

Stimulus Payments Will Not Impair Medi-Cal, SSI, Nor Covered CA Eligibility

Q. My wife and I are both on SSI and Medi-Cal and we just received $1,200 under the federal stimulus program, and hope to receive another round if Congress and the new administration approve more. Will these payments mess up our public benefits, which we depend upon? A. The short answer is “No”. Some background may… Read More »

Medi-Cal Myths Uncovered

Q.  In talking with friends, I discovered a lot of misunderstanding about how the Medi-Cal program works if one needs help with the high cost of nursing home care. I wonder if you would clarify matters. A. Sure. I have also discovered much misunderstanding, even among care professionals. Here are the most common “myths” regarding the… Read More »

Preservation of Parent’s Low Property Tax Rate Soon to Be More Difficult for Children: Planning ‘Window’ Closing

Q.  I understand that the recently passed Proposition 19 on the California Ballot will make major changes in the property tax structure.  Is that true? A. Yes, indeed. California voters just narrowly approved Proposition 19, overhauling our property tax rules originally stemming from the passage of Proposition 13 in 1978. Most notable are the new… Read More »