Elder Law/Medi-Cal Planning

The good news is that Americans are living longer than ever before. The bad news is that most of us will eventually need expensive long-term care. We don’t mean to alarm you, but consider the following statistics:

 

    -- At least 70% of people over age 65 will need long-term care at some point in their lives

    -- The average annual cost of nursing home care in the San Francisco Bay area is over $100,000. In some situations, the cost can be considerably higher

    -- Two out of three families exhaust their life savings within a year or two of a family member entering a nursing home

     

Elder law is a rapidly growing and highly specialized area of the law that deals with the legal, financial, physical and emotional challenges that accompany growing older. In particular, elder law addresses the problem of how to pay for expensive long-term care. This can involve planning in advance for the possibility of needing long-term care or coping with what is known as a Medi-Cal crisis. Contact us today to discuss your options.

 

Pre-planning, also known as long-term care planning, is for people who are in good health now but want to prepare for the very real possibility that they will need expensive long-term care in the future. Youngman Ericsson Scott, LLP. can work closely with you to develop a plan capable of protecting your hard-earned life savings if you or your spouse eventually requires assisted living or long-term care. The plan we design can allow you to receive the care you need while at the same time protecting your assets for the benefit of your well-spouse, loved ones and legacy.

 

It is important to note that many people believe they can simply give away their assets to loved ones before entering a nursing, thereby qualifying for assistance from Medi-Cal. This is not the case! The penalties for doing so are severe, including loss of ineligibility for Medi-Cal assistance for several years. Contact us today to discuss your options.

 

Medicaid (which is called Medi-Cal in California) is now the single largest provider of financial assistance for nursing home residents in the United States. When a person must enter a nursing home in the very near future, or has already been placed on one, the denial of assistance from Medi-Cal often precipitates what is known as a Medi-Cal crisis situation. Given the high cost of nursing home care, denial of assistance from Medi-Cal is indeed a financial crisis for the vast majority of families. Even relatively wealthy families run the risk of losing their life savings in an effort to pay for a prolonged nursing home stay.

 

If you or someone you love is faced with a Medi-Cal crisis, don’t despair. You must understand that the information about Medi-Cal eligibility provided by family, friends and even social workers is quite often incorrect. The laws governing Medi-Cal eligibility are complicated and seem to change from one year to the next. We understand these laws. Our San Francisco Bay area Medi-Cal crisis lawyer can determine if you are eligible for assistance and help you obtain this assistance as quickly as possible. You are not alone during this difficult time. We are here to assist you. Contact us as soon as possible to discuss your particular situation.

 

 

We draw upon our estate planning and tax expertise in representing fiduciaries (trustees, executors, and personal representatives), beneficiaries, heirs, and creditors in the prosecution or defense of will and trust contests; litigation between the estate and third parties (e.g. creditor's claims, ownership disputes, etc.); and litigation between fiduciaries and beneficiaries (e.g. fiduciary accounts, estate tax proration, removal and replacement of fiduciaries).