Elder Law Is Planning Ahead To Preserve Family Assets

Elder law is a relatively new term that has only been around approximately 30 years. Elder law in California is a general term for the many legal areas regarding senior legal services and the elderly or senior population. An elder law attorney in California is a lawyer who specializes in the following:

  • Advanced planning to protect assets, primarily real estate and financial investments that a person has earned, so that these assets do not prevent an aging individual from qualifying for benefits.
  • Understanding and implementing the best possible services available for an aging or incapacitated person.
  • Successfully guiding one through elder law services and navigating the Medi-Cal long term care system to qualify the person for benefits.
  • Sheltering assets, minimizing taxes, preventing Medi-Cal recovery that could result in a forced sale or loss of home equity due to the government lien.

Medi-Cal is the only government program that covers the cost of long-term care in a nursing home (also called a skilled nursing facility or SNF). However, after your loved one passes away, Medi-Cal can go after their home and assets to recoup the costs of medical care. An elder law attorney can help you protect your assets from Medi-Cal.

It is never too early to begin Medi-Cal planning for your future or that of a family member. In fact, if you postpone planning too long, it may be too late. Laws may take effect in the future that can prevent you from effective long-term care planning. The sooner you consult an elder law attorney the better.

How It Works

An elder law attorney may reposition a client's assets or utilize court proceedings to help a family qualify for long-term care in a nursing home while minimizing or eliminating medical bills and expenses, which can otherwise cost $8,000 per month or more.

When hiring an elder law attorney, one of the primary goals is to protect the assets of the patient — mainly the home — from a Medi-Cal claim by the state after the death of the surviving spouse.

As an experienced Los Angeles California elder law attorney, Alice A. Salvo provides senior legal services to help you protect your loved ones. Ms. Salvo is a past president of the Southern California Council of Elder Law Attorneys. She also held an important position on the Gray Squad Advisory Board to the Los Angeles Police Department Van Nuys Division

Individuals It Can Help

An elder law attorney may qualify people for Medi-Cal long-term nursing home care in these types of situations:

  • An 87-year-old mother diagnosed with dementia and currently in the hospital. She owns a home worth $600,000 and has $8,000 in savings. Immediately consulting with a lawyer can protect most of the $608,000.
  • A 72-year-old mother currently in a nursing home and diagnosed with stage four cancer. The family needs help and desperately needs to support mom. Mom owns a home worth $521,000 and has $282,000 in savings. Elder law services can save most of this family's $803,000.
  • An 81-year-old father is in a hospital with terminal cancer. The family's wish is to have dad be in a long-term care facility (nursing home/skilled nursing facility) so dad will get proper care. Father owns a home worth $515,000 and has $38,000 in savings. Using an attorney for elder law prevents this family from losing as much as $553,000.
  • A 77-year-old mother residing in a Ventura facility. Her daughter would like to move her closer to her near Calabasas. Mother owns a mobile home worth $95,000 and has $115,000 in savings. A lawyer providing senior legal services may save this family up to $210,000.

Don't get stuck paying a nursing home. In the above examples, our elder law services can save these families thousands of dollars. If you have a similar situation and need elder law services please call today for a free consultation 818-676-9572.

Protect A Family Home

It is urgent that you call an attorney and learn about elder law services. Waiting or hesitating can reduce your options and be an expensive burden on your family. It can also result in loss of inheritance to adult children. Call 818-676-9572 or use our online contact form to schedule a free review of your situation.