NEW Medi-Cal Laws

Effective January 1, 2017 Medi-Cal Recovery (SB 833) For Medi-Cal recipients who die on or after January 1, 2017, there are significant changes in the law. The most significant impacts the limitations on recovery of funds by the state of California after the death of the Medi-Cal recipient. For Estate Planning purposes, the best news…

Utilize a Living Trust as Asset Protection from Medi-Cal Claims

In a new law to go into effect January 1, 2017, a Living Trust may be utilized to protect assets from Medi-Cal claims for individuals dying after that date. This is a revolutionary law that elevates the advantages of a Living Trust in California to a new high. Previously, a Living Trust provided no protection…

Financial Powers of Attorney: Potential Open Checkbook for Disaster

A recent case in Tennessee reveals the problems that can arise with Financial Durable Powers of Attorney (DPA). In that case, mom designated her daughter to be her financial agent in the DPA. The daughter and her husband moved in with the mother to care for her and take responsibilities for her monthly expenses. The…

The Annuity Conundrum

Elder Law Attorneys are frequently faced with a myriad of issues surrounding annuities and many times find it difficult to provide adequate answers for their clients. Questions: 1) What should be done with older annuity contracts in which companies are offering financial incentives to policy holders to relinquish the guaranteed income and death benefits? 2)…