by Justin M. Kennedy, Attorney at Law Litherland, Kennedy & Associates, APC, Attorneys at Law Recently I met with Dorothy and her only daughter Linda. Dorothy was recently hospitalized and may require skilled nursing care in the near future and they were concerned with how they would pay for that level of care. Our office has found that in Santa Clara County a skilled nursing facility costs approximately $8,000 to $16,000 a month. Dorothy has a family home valued at $1,200,000 but $100,000 … [Read more...] about Medi-Cal Planning and the Family Home
by Justin M. Kennedy, Attorney at Law Litherland, Kennedy & Associates, APC, Attorneys at Law Recently I have worked with many clients who have expressed concerns about when California will implement the Deficit Reduction Act of 2005 (DRA). The DRA was signed into Federal law on February 8, 2006. The Federal government then told the individual states to update their Medicaid laws to conform with the DRA. Currently California has not yet implemented the changes that would bring Medi-Cal … [Read more...] about Elder Law Today: Medi-Cal and the Deficit Reduction Act
Elder care attorneys counsel people who are making preparations for their senior years. There are various different elder law issues on the table at the present time, and long-term care costs are at the top of the list. To read this report on elder care questions, follow this link: What Questions Should I Ask an Elder Care Attorney? … [Read more...] about What Questions Should I Ask an Elder Care Attorney?
The Medicaid program is a jointly administered federal/state government health insurance program. In California, it is called Medi-Cal. Most senior citizens who worked throughout their lives will qualify for Medicare coverage. This is also a government run health insurance program. If you qualify for Medicare, you won't need Medi-Cal at first, and you probably wouldn't be eligible, because Medi-Cal is a need-based program. People who have a reasonable store of assets cannot qualify. In … [Read more...] about Register for our Upcoming Free Medi-Cal Planning Workshop, Thursday, April 21
by Guest Blogger, Diane Bucher, Realtor What you Need To Know About Proposition 60/90: The Senior Citizens Replacement Dwelling Benefit Who Qualifies? IF you or your spouse that resides with you is age 55 or older, you may buy or construct a new home of equal or lesser value than your existing home and transfer the base value to your new property. This is a one-time only benefit. You must buy or complete construction of your replacement home within two years of the sale of the original … [Read more...] about Transferring Your Property Taxes Using Prop 60/90
When an individual dies owning property solely in his or her name without a beneficiary designation, a formal procedure ("probate") is usually needed to determine to whom the property should pass. If there is a valid Will, the probate court will oversee that property passes according to the terms of the Will. If there is no Will, the property will pass to the individual's heirs at law through the probate system. However, it is possible to legally pass property to another person without going … [Read more...] about Avoiding Probate (An Elder Law Today Blog)
The recent health care legislation includes several provisions which are intended to amend the Medicaid law. As you know, Medicaid is the federal law which enables each state to pass its own version of public assistance and to fund the resulting programs. The federal government made amendments to the Medicaid law in 1993 (OBRA) and 2006 (DRA) which of course included requirements to compel each state to conform. Notwithstanding, California has done little to implement either the 1993 or 2006 … [Read more...] about Health Care Reform and Medi-Cal
When it comes to issues of Medi-Cal and the primary residence, there are two situations which need to be considered, qualification to receive Medi-Cal benefits and Medi-Cal recovery against the home after a person has died. Qualification Although there are several situations which can result in the home being considered exempt for purposes of qualifying to receive Medi-Cal benefits, all of which are set forth in Cal Code Regs. Tit. 22 §50425, there is one exemption which normally makes all the … [Read more...] about Medi-Cal Qualification-Home Sweet Home