Elder law is rarely straightforward, especially when it comes to Medi-Cal asset protection. Such protection ensures that you, your spouse and your family are not left with exorbitant bills or loss of assets due to the cost of long-term care
A Medi-Cal Asset Protection Irrevocable Trust can be a useful tool in avoiding this outcome. Below you will find important information regarding what Medi-Cal is, who needs a Medi-Cal Asset Protection plan, and more.
What Are Medi-Cal Long-Term Benefits?
Elder law is rarely straightforward, especially when it comes to Medi-Cal asset protection. Such protection ensures that you, your spouse and your family are not left with exorbitant bills or loss of assets due to the cost of long-term care
A Medi-Cal Asset Protection Irrevocable Trust can be a useful tool in avoiding this outcome. Below you will find important information regarding what Medi-Cal is, who needs a Medi-Cal Asset Protection plan, and more.
Who Can Qualify For Medi-Cal Long Term Care?
Medi-Cal for long-term care is designed as a safety net for people who do not have the financial resources to be able to pay for long term care. There are strict eligibility requirements, which include the requirement that the long term care applicant has no more than $2,000 in total assets.
Not all assets are considered when determining Medi-Cal eligibility, so it can be a complex process to work out whether or not you qualify.
What Is Medi-Cal Asset Protection?
Medi-Cal Asset Protection involves rearranging and restructuring your assets in a way that positions you to be able to qualify for Medi-Cal long term care. It does not require you to give everything away (which is the perception that many people have). Indeed giving everything away can be counterproductive. There are laws in place that penalize attempts to give away property purely for the purposes of qualifying for Medi-Cal. Any techniques adopted should therefore be discussed with your attorney.
Ideally the planning would take place in advance of an event that requires long term care. However, it is still possible to take action if long term care needs are immediate or imminent.
What Is An Irrevocable Trust?
When determining the most appropriate method of Medi-Cal Asset Protection, irrevocable trusts are often established. But what is an irrevocable trust, and how is it different from a revocable trust?
Who Needs A Medi-Cal Asset Protection Irrevocable Trust?
Medi-Cal Asset Protection Irrevocable Trusts are essential for Californians who need or may soon need long-term care in a nursing home but want their assets protected. This is an important step in preplanning, alongside care options, social security benefits, choosing a power of attorney, etc.
There is a misconception that Medi-Cal asset protection planning is only for those of modest means. In reality, the high cost of long term care can cause serious financial damage to families that most would not consider to be of modest means. For many California families, planning for a long term care event should be an important component of your overall estate planning. If your intention is to leave some kind of legacy for your family, that will not be possible if all of your life savings are used up due to the cost of long term care.
However, while preplanning will ensure that you are covered when the time comes for long-term nursing care, sometimes that is not always feasible. Incapacity can happen at any moment. In the event of a sudden need for long-term care in a nursing facility, it is important to speak with an attorney right away. Many facilities provide misleading information that makes families believe they are ineligible for Medi-Cal benefits, but this may not be the case.
Medi-Cal Asset Protection Irrevocable Trust Process
Medi-Cal planning for long-term care in a nursing facility can be an emotional ordeal. That is why it behooves family members to speak with an attorney to ensure the process runs smoothly. Our lawyers will start by listening and examining your current situation. From there, they will provide planning strategies tailored to your situation. Learn more about Estate Planning for Children.
Those who are healthy enough to preplan for this event will go through the following four-step process to create their irrevocable trust.
During the irrevocable trust planning stage, assets are often transferred to an irrevocable trust which is controlled by a trusted family member.
Working with a professional estate attorney at Weiner Law in San Diego CA to craft a Medi-Cal Asset Protection irrevocable trust is a sound option. Our trusted team will prepare Medi-Cal applications, ensure program eligibility, deal with Medi-Cal directly, and prepare estate planning documents. With our assistance, you can feel confident that your loved ones will be secure when they need long-term care.
Weiner Law
12707 High Bluff Drive Ste. 125
San Diego CA, 92130
(858) 333-8844