Q. Do you mind if I ask how you got started working with seniors and doing the kind of long-term care estate planning that you do? A. Not at all. In a word, I owe it all to my grandmother. After my grandfather died in the 1960s, my grandmother, Lena Ponsky, became the head of… Read More »
Posts Categorized: Elder Law
Will Medi-Cal Count Dad’s Assets Even Though They Cannot Be Accessed Due To His Dementia?
Q. Our father is 90 years old and is being cared for in a nursing home, which costs about $10,500 per month. We need to apply for a Medi-Cal subsidy to help with the cost, but Dad has an old insurance policy with accumulated cash value which puts him over the $2,000 Medi-Cal resource ceiling… Read More »
Setting The Incapacity ‘Trigger’ in Your POA & Trust: Two Doctors or One?
Q. I am in my late 80’s and am updating my estate plan. I find I have an important decision to make: in my Power of Attorney (“POA”) and my Trust, if I ever lose mental capacity should I require the opinion of two doctors, or just one, to certify my incapacity before duties transfer… Read More »
New Law Designed To Facilitate CA Organ Donations
Q. My wife and I are about to prepare Advance Health Care Directives, with an option to donate our organs. I hear there is a new law that touches on this. Do you know anything about this? A. Yes. The new law is AB 3211, effective January 1, 2019, and designed to make it easier… Read More »
Do I Need to Cash in My Annuities If I Go Into a Nursing Home?
Q. I have three annuities. If my wife or I need to go into a nursing home, do we need to cash them in to be eligible for a Medi-Cal subsidy? A. Well, like many things in life, it all depends. If your annuities are held inside an IRA owned by you or your wife,… Read More »
Selling or Refinancing Your Home When Your Spouse Can’t Sign
Q. My husband has dementia and I wonder about my ability to refinance or even sell the home, as he cannot sign. The home is held in a Living Trust. Can you advise? A. The short answer is that, under these circumstances, it may be easier for you to sell the home than it would… Read More »
Is There A Downside to Gifting My Home To My Son Now?
Q. I am thinking about just gifting my home to my son now, in order to minimize estate administration after I’m gone. Of course, I would continue to live here as long as possible. Do you see any downside to this plan? A. Yes, there may be a big one, depending upon how you do… Read More »
Purchasing A Home With Your Parent To Provide Care
Q. My 88 year old father still lives in his own home, alone. We worry about him falling and injuring himself. My husband and I have suggested that we sell both of our homes, and together purchase a larger home for all of us. He is on Medi-Cal and we wonder whether he could retain… Read More »
Medicare Extends Deadline To Seek Relief From Part B Late Enrollment Penalties
Q. My wife and I mistakenly signed up late for Medicare Part B and were assessed late enrollment penalties, which continue for life. Is there any way to request that they be eliminated? A. Possibly, if you meet the criteria for forgiveness and apply by the new deadline of September 30, 2018. Some background may… Read More »
Using ‘Unavailability’ As a Medi-Cal Spend Down Strategy
Q. I need to qualify my mother for a Medi-Cal subsidy to help pay for her nursing home care, due to her progressive dementia. However, she has about $20,000 in a bank account with just her name on it, and no power of attorney in place to allow me to draw upon it. I was… Read More »