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Marilyn Shea
Attorney-At-Law
(760)721-0600

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About Medi-Cal Pre-Planning

Are you a concerned child of aging parents facing long term care? Do you want to learn about Medi-cal strategies and how to avoid the Medi-cal traps and myths...for example, “spend down”? A recent study found that Medicare and private insurance covers less than 3% of Nursing Home care.
Most people receive “custodial care” and this is not covered. Medicare pays only for “skilled nursing care” up to a maximum of 100 days and strict requirements must be met. Pre-planning is the key! Legal strategies are available to knowledgeable California Attorneys whose practice emphasizes Elder Law. These strategies can help families preserve their major assets and have nursing home bills taken care of-often with only a small share of cost for the recipient.

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Unfortunately, insurance agents and financial planners cannot help you with Medi-cal strategies as they are unaware of the legal intricacies and are not authorized to give legal advice. The spouse of a Medi-cal beneficiary is limited as to the Spouse’s Resource Allowance (CSRA) and Minimum Monthly Maintenance Needs Allowance (MMMNA). The only way that a person can increase these limits is by obtaining an order from Superior Court or from an administrative law judge. You need an attorney to represent you in the hearing held in the Superior Court or before an administrative law judge. If you are relying on your living trust, be aware that it most probably will not work for you. Extensive Medi-cal language must be a part of your trust.

The single most important document that benefits both single and married persons is a 27+ page Durable Power of Attorney which contains special and specific language that allows for Medi-cal strategies to be implemented.

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DISCLAIMER: The content of this website has been created by Estate Preservation Group for general information and advertising purposes only. No attorney-client relationship is established between Estate Preservation Group and any reader who views the contents of this website. The information provided is only a general statement of the laws which change from time to time and regulations of California which are subject to change at any time (this website is not intended to be, nor does it constitute, legal advice). No one should rely on the information provided by this website without first obtaining legal advice from an attorney in their jurisdiction. This may contain information which is not absolutely current.