Elder Law

• Nursing Home Asset Protection Planning

    • Medi-Cal Planning
      Utilization of structured gifting plans and procedures, and conversions of the character of assets so as to
      reduce "countable" resources in a Medi-Cal eligibility context, and avoid Medi-Cal spend-down requirements.

    • Medi-Cal Eligibility Assistance and "Share of Cost" Oversight
      Assisting clients in the preparation and submission of original Medi-Cal eligibility applications and annual
      redetermination applications; fine-tuning estates to ensure that redetermination applications are successful;
      monitoring "share of cost" calculations to ensure that correct "share of cost" amounts are assessed to the
      Medi-Cal recipient (and preserved for the other spouse, where applicable).

    • Medi-Cal Recovery
      Protecting residential real property and other assets from Medi-Cal "liens" and estate claims through
      peremptory transfers; examining existing Medi-Cal estate claims, client assets, and other personal and
      family circumstances in order to reduce or eliminate, where possible, the amount of the estate claim. 

    • Modification of Existing Estate Plan Documents (to add protections for spouse and children)
      Amendments to existing trusts to install nursing home asset protection and asset transfer options in order
      to protect spouses and children/heirs from the restrictions most older living trust plans now contain.

      Updating or creating new Durable Powers of Attorney which contain necessary asset transfer and asset
      protection powers in order to better protect spouses and children/heirs from the excessive expense of
      nursing home care, and to reduce the legal expenses involved in protecting property and assets.

    • Medi-Cal Asset Protection Trusts
      Specialized irrevocable trusts created (in an appropriate case) to protect residential real property and
      other assets from Medi-Cal liens and estate claims.

    • Administrative Appeals (Where Necessary)
      To secure Medi-Cal eligibility; to increase spousal property allowances; to increase spousal
      income allotments; attempt "hardship" and "disability" avoidance of Medi-Cal "liens" and estate claims;
      resolve other related Medi-Cal issues.

    • Court Proceedings (Where Necessary)
      To transfer and protect property from Medi-Cal "liens" and estate claims; to increase
      spousal property allowances; to increase spousal income allotments; obtain relief on other property and
      income issues in a Medi-Cal context.

Special Needs Trusts and Planning

Asset protection planning which includes uniquely structured trusts designed to preserve SSI, Medi-Cal, and
other public benefits for an intended beneficiary, and, at the same time, supplement that beneficiary's
lifestyle and living standards without creating a reduction in, or an elimination of, the public benefits.

Living Trust Estate Planning

Traditional living trust estate plans, including living trusts with estate tax savings provisions, nursing home asset protection options, distribution provisions with special trustee protective powers for the benefit of children and other heirs, pour-over wills, assignments of various assets to the trust, trust transfer grant deeds (recorded by our office), durable powers of attorney for health care (aka advance health care directives), HIPAA waiver (privacy waivers and authorizations to release medical information to health care agents), durable powers of attorney for financial transactions (including the necessary asset transfer and asset protection options mentioned above), and assistance with the transfer and coordination of all assets to the trust or the estate plan purposes, and completions of all asset transfer documentation and beneficiary designation forms necessary to complete the estate plan.

Trust Administration

Assistance and guidance in the administration of trusts after the death or incapacity of the trustor(s), including post-death or post-incapacity protective procedures (assisting in preventing identity theft issues, fraud and undue influence issues, insurance coverage, preventing elder abuse), administration of the trust estate, collection and transfer of trust assets, accountings (where necessary).

Special Circumstance Financial Elder Abuse Litigation

Aggressive damage and injunctive litigation against persons and entities who intentionally and illegally defraud elder and other retired adults.  This typically includes those persons and companies who claim they can assist retired persons protect their assets from Medi-Cal spend-down requirements and nursing home expenses, through the illegal practice of law, charging large up-front retainers for their non-legal "services".  It also includes combined legal actions for elder abuse and fiduciary abuse against trustees and other fiduciaries who have an ongoing and continuing legal duty to timely administer trust and probate estates for the benefit of, and to make timely distributions to, elder, retired, and other vulnerable beneficiaries.  Damages recoverable from trustees and other fiduciaries in such cases can be quite substantial.

Probate

Probate administration procedures.