Since an individual applying for Medi-Cal can’t qualify for Medi-Cal to pay for skilled nursing home care if they own non-exempt assets exceeding $2,000, many persons are tempted to simply “gift away” the excess. The “look back rule” provides that if a person makes gifts of assets within a certain period of time prior to applying for Medi-Cal and hopes thereby to qualify for Medi-Cal, they are denied Medi-Cal for some period of time based upon a mathematical formula.
The period of the look back rule as currently applied in California is 30 months, however, as soon as impending regulations go into effect (expected to be January of 2012) it will be 5 years.
There are many exceptions to the look back rules.
Litherland, Kennedy & Associates have been providing quality estate planning services in the Greater Bay Area since 1975. They are committed to helping those concerned with protecting their families from the devastating legal effects of disability and death. With the aid of public seminars, educational presentations, articles, and radio/television interviews, the law office has championed the use of revocable living trusts as a proven way to protect families from probate, to minimize or eliminate federal estate taxes, and to prevent the Medi-Cal Recovery lien. Attorneys Justin M. Kennedy and Maggie A. LaBranch-Gonzales are certified as Legal Specialists in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization. Litherland, Kennedy & Associates are members of the American Academy of Estate Planning Attorneys and National Academy of Elder Law Attorneys.
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