Division of Assets is the name commonly used for the Spousal Impoverishment provisions of the Medicare Catastrophic Act of 1988. It applies only to married couples. The intent of the law was to change the eligibility requirements for Medi-Cal in situations where one spouse needs nursing home care while the other spouse remains in the community (i.e. at home or in an assisted living facility). The law, in effect, recognizes that it makes little sense to impoverish both spouses when only one needs … [Read more...]
Limits to Medi-Cal Recovery (An Elder Law Today Blog)
By: Matthew M. Shafae, AttorneyLaw Office of Roy W. LitherlandThe future of Medi-Cal eligibility has been the subject of speculation for a little over a decade now. Will the California implementation of the federal Medicaid system, known as Medi-Cal, finally implement federal laws enacted back in 2005? And now, with a Republican president-elect and a Congress with a Republican majority in both houses, it appears Medicaid funding may be an additional topic for speculation. How will Medicaid … [Read more...]
Advanced Medi-Cal Triggers – Spousal Election
By: Justin M. Kennedy, AttorneyLaw Office of Roy W. LitherlandWhile at an estate planning conference in November, one of the speakers discussed a planning strategy that may benefit many married couples. The planning strategy involves adding Advanced Medi-Cal Triggers to a married couple’s estate plan, specifically a Spousal Election to the Living Trust and testamentary special needs trust language within the Pour-Over-Will. For a married couple, upon the first death, the Spousal Election … [Read more...]
Successful Planning (An Elder Law Today Blog)
Elder law attorneys assist individuals and families in developing estate plans to avoid depleting their assets should they become ill and need long term care. For those individuals who are already in a nursing home, elder law attorneys help them qualify for Medi-Cal benefits while maximizing the amount of money they are able to keep.Here is an example of a family my office was able to assist:Planning for someone to take residence in a skilled nursing home and being able to qualify them … [Read more...]
FREE REPORT – A Family Guide on Medicaid/Medi-Cal Planning: What it is, How it Works, and Why You Need a Plan
You have likely heard mention of the Medicaid program, which is a joint federal-state program that is ostensibly in place to provide access to health care to those who cannot afford it.In California, this program is called Medi-Cal. It assists people with little to no financial resources, but it is also the government program that is utilized by many seniors to pay for long-term care because Medicare will not pay for it.Medi-Cal is not just for seniors who have been struggling financially … [Read more...]
Can I Take Back Assets in Medi-cal Trust?
Can I Take Back Assets in Medi-cal Trust? from Roy W. LitherlandAs a result, many seniors who were never financially needy seek Medi-Cal eligibility. Learn more about Assets in Medi-cal Trust in this presentation. … [Read more...]
