WHAT CAN YOU DO . . .
TO AFFORD NURSING HOME CARE FOR YOUR SPOUSE OR PARENT?
A LEGAL GUIDE
FROM THE LAW OFFICE OF MICHELLE NOBLE MCCAIN
ELDER LAW ATTORNEY
HAVE YOU BEEN TOLD THAT MEDICARE NO LONGER WILL PAY FOR YOUR LOVED ONE’S CARE IN A NURSING HOME?
IS YOUR INCOME INSUFFICIENT TO PAY FOR THE CARE BUT YOU HAVE BEEN TOLD YOU HAVE TOO MANY ASSETS TO BE ELIGIBLE FOR MEDI-CAL?
YOUR LOVED ONE MAY ALREADY BE ELIGIBLE FOR MEDI-CAL.
Did you know that the Medi-Cal laws protect a community spouse from impoverishment caused by paying for your spouse’s care in a hospital or skilled nursing facility?
Not only does the at-home, or community spouse, have the right to keep the home, free of any liens, the car, and other assets deemed “exempt”, but the community spouse has the right to keep additional assets and sufficient income to provide for the community spouse’s care.
In 2007, a community spouse can keep $101,640 in non-exempt assets and has the right to receive $2,541 in monthly income.
If the community spouse does not have this amount of assets or receive this amount of income, the community spouse can get a court order that requires that the institutionalized spouse’s income or assets be transferred to the community spouse. Also, these resource limitations can be increased by court order in certain cases.
Court orders also can be obtained to transfer assets from your spouse’s name to qualify him or her for Medi-Cal, or to create living trusts or other estate plans.
For example, once your spouse is found eligible for Medi-Cal, his or her name must be removed from all non-exempt assets worth more than $2,000, and put into the name of the community spouse only. This must be done within 90 days after the Notice of Action approving Medi-Cal is sent. This may require a court order if you have not previously been given the power to do such transfers.
There are many income tax and other issues that need to be addressed before you should make any transfers.
Beware of people selling annuities as the only solution to your needs as they are rarely the best option.
An Elder Law Attorney can advise you on all of the options and can obtain any required court orders needed to prevent your impoverishment.
FOR ANY LOVED ONE:
If your loved one is out of money or running out of money paying for skilled nursing care, you may be faced with making difficult decisions, such as deciding if his or her house should be sold. However, this may not be the best option to paying for care.
Attorney, Michelle Noble McCain, can advise you regarding Medi-Cal, property transfers, tax issues, Special Needs Trusts, Conservatorships, Durable Powers of Attorney, Advance Health Care Directives, and getting any needed court orders. Her objective is to find the best result for the family.
NOTE: The Law Office of Michelle Noble McCain does not sell any product or offer financial or investment services or advice nor is it affiliated with any provider of products or financial services.
* CALL AN ELDER LAW ATTORNEY FOR ADVICE.
If you need assistance in evaluating your options and ensuring that you and your loved one are being cared for to the full extent of the law, you should consult with an experienced Elder Law Attorney.
CALL 831-772-8300 for a free consultation.
Attorney, Michelle Noble McCain, has assisted families with their various legal needs for more than 20 years.
* Powers of Attorney
* Trusts & Wills
* Special Needs Trusts
* MediCal Planning
The intention of this guide is to give you an overview regarding how you may be able to assist your loved one. It is not meant to be a substitute for legal advice and you should not rely on the information contained in this brochure without consultation with an attorney. The Law Office of Michelle Noble McCain does not represent you merely because you read this brochure. Each individual situation may differ in how it should be handled.
DO NOT MAKE ANY DECISIONS OR TAKE ANY ACTIONS BASED ON INFORMATION CONTAINED IN THIS BROCHURE, WITHOUT FIRST CONSULTING AN ATTORNEY.
CALL 831-772-8300 FOR A FREE CONSULTATION WITH MICHELLE NOBLE MCCAIN, ATTORNEY AT LAW
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