Special Planning for an Incapacitated Spouse

Q. My wife suffers from dementia and has been in a nursing home for some time. About a year ago, we put everything in my name so she could qualify for a Medi-Cal subsidy to help pay for her care. We currently have only simple wills which leave everything to the survivor of us, and… Read More »

The Current Pandemic and Your Estate Planning Documents

Q.  My wife and I signed our estate planning documents quite some time ago. In view of the current COVID-19 Pandemic, we wonder whether there are any revisions we should consider? A. Excellent question. The short answer is, “Yes”. Here are some specific suggestions relating to some important estate planning documents which you probably signed:… 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 »

Will Medi-Cal Pay for Assisted Living Care?

Q.  I was obliged to move my wife into an Assisted Living Facility, where she now resides in the memory care unit. It costs almost $6,000 a month and I see our savings dwindling.  If we qualify financially, will Medi-Cal help with the cost of her care? A. Regrettably, it is unlikely. The general rule… Read More »

Handling Legal Affairs When Your Spouse Can’t Sign

Q.  My husband suffers from dementia and we have significant expenses for care in the home.  In order to help with these expenses, I’ve been thinking about selling our vacation property which we no longer use or cashing in one of his annuities. I would also like to set up a Living Trust and make… Read More »

The “Spousal Protection Plan’: Creating A Plan For Each Other

Senior couples often ask how they might protect each other from the devastating financial cost of long term nursing home care.  This is a real concern, as nursing home expenses average $9,500 per month in our community,  and are likely only to increase over time. This concern is all the more real for those who… Read More »