If you are concerned about Medi-Cal recovery, Susan has been successful in helping many elderly adults with the complicated and critical process of Medi-Cal Planning and Asset Protection.
Medi-Cal Asset Protection generally takes one of two forms
- Crisis planning:This applies when you or a loved one has already been admitted to a nursing home or is about to be admitted. I have a quick response system in place in South bay, Los Angeles for crisis Medi-Cal planning, and can help you get answers quickly. I can often tell you within hours, not days, whether I can save you money. If you have a medical emergency that qualifies you for Medi-Cal, I can help you take immediate steps to protect your assets, while remaining eligible for benefits.
- Five-year planning:This entails planning ahead to make sure you will be eligible for Medi-Cal while still protecting your assets for your spouse or children. The bottom line is that you don’t have to go broke from in home or nursing home care. The law allows people to keep their homes and much of their money- if they know how, but it is critical to have the assistance of an expert like me who knows how to do it.
There are two distinct programs within Medi-Cal:
The first program is the “Medical” Benefit, which acts as a health insurance benefit. The asset qualification depends on single or married status.
The second program is the “Long Term Care” entitlement which will cover medical expenses but also help with Skilled Nursing Facility expenses and Hospice in most cases.
***If both spouses are in a nursing home their joint non-exempt assets cannot exceed $3000.00. If only one spouse needs nursing home care the Community Spouse Resource Allowance (how much the couple may have in non- exempt assets) is $117,240.
An example of an exempt asset, meaning one that will not be counted for Medi-Cal eligibility is the house you live in, one car, IRAs as long as the minimum mandatory distributions are being taken, a pre-paid burial plot, a term policy with a face value of no more than $150000 as well as assets held by an irrevocable trust. This confuses many people who think that because their assets are held by their trust they are unavailable. That is not the case.
Most trusts are revocable living trusts meaning whoever established the trust can revoke it, change its terms or spend everything that the trust owns on a whim.
An irrevocable trust takes those rights away. Since the assets are unavailable to the creator, they are unavailable for purposes of qualifying for Medi-Cal. Medi-Cal for long term care also requires a share of cost. That means that all of the institutionalized person’s income except $35.00 will go to the facility before Medi-Cal will kick in any subsidy. Where there are two spouses, the non-institutionalized spouse is entitled to keep all of his/her income, even if it is $10,000 a month. At a minimum, that spouse is entitled to $2931.00.
This is called the minimum Monthly Maintenance Allowance. Before the institutionalized spouse’s share of cost is taken, the stay at home spouse will get an allocation of his/her income to bring the stay at homes spouse’s up to $2931.00. If there is not enough income to do so, there is a way to keep more exempt assets so that they can be invested to create a larger income stream. ***“Proactive planning” Not 5 year it is 30 months in California
Look no further than the offices of Susan B Geffen when it’s time to protect your assets. Having an experienced asset protection lawyer to guide you through this complicated process is a must. Give Susan a call now (310) 406-0608. With an experienced Medi-Cal Asset Protection attorney your chances of qualifying for Medi-Cal and protecting assets is greatly improved.
If you are concerned about Medi-Cal recovery, Susan has been successful in helping many elderly adults with the complicated and critical process of Medi-Cal Planning and Asset Protection.Learn More
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Call Susan today (310) 406-0608 or send her a message by filling out the form below.
My parents and I retained Susan Geffen’s legal services to navigate through the Medi-Cal process and to preserve my parent’s assets. The process was long and hard, but Susan hung in there with us, even when my parents seemed reluctant and indecisive. Susan showed her professionalism and concern for the elderly by continuing to provide legal services and guidance without payment during a period between the two phases of our journey. I would recommend Susan to anyone in need of legal services relating to the elderly and elder care.