Home and Community Based Services (HCBS) – also known as Medi-Cal Waiver programs — provide services and supports to allow Medi-Cal beneficiaries who would otherwise require nursing home care to stay at home. A person must, therefore, first qualify for community based Medi-Cal before Medi-Cal will pay for HCBS programs. Community Based Medi-Cal is a […]
posted on: November 29, 2017
Read MoreAs elderly parents find it increasingly burdensome to manage their assets and finances independently they often turn to a trusted child to assume some or all management responsibilities for their assets and finances. Let us discuss. An important threshold issue is whether the parent will keep either some or total control of his or her […]
posted on: November 15, 2017
Read MorePeople expect scary stories at Halloween. Below are some stories involving estate planning blunders that might give you a shiver. Let us see what lessons can be drawn before it’s too late. What happens when a person’s out dated estate planning documents are preserved but the current estate planning documents are missing? Consider a decedent […]
posted on: November 1, 2017
Read MoreWith fires destroying homes and their contents it begs the question, what happens if a person’s estate planning documents go up in flames? How important is it to preserve the original documents? Where should these documents be kept? A decedent’s original will is required to commence probate. Without the original it may be difficult to […]
posted on: October 16, 2017
Read MorePowers of Attorney allow one as Principal to authorize and empower an Agent (Attorney-In-Fact) to act on their behalf within the scope of authority provided in the Power of Attorney, and the law. A person who executes a Power of Attorney does well to anticipate the foreseeable obstacles which their Agent may encounter when the […]
posted on: October 2, 2017
Read MoreBanks and Credit Unions are required to report both known and reasonably suspected cases of financial elder abuse, when such cases present themselves within the scope of banking activities (section 15630.1 of its Welfare and Institutions Code). Reports are made either to Law Enforcement or Adult Protective Services immediately, or as soon as possible. California […]
posted on: September 18, 2017
Read MoreMany people rely on Joint Accounts and Pay on Death (“POD”) Accounts to manage their finances and to transfer what remains at death without probate. These are sometimes used as alternatives to Trusts where the remainder of a person’s estate is less than $150,000 in gross value and there is no intention for any inheritances […]
posted on: September 5, 2017
Read MoreLife is dynamic and not static. That said, keeping one’s estate planning documents relevant and on point as life changes requires periodic updates. A person should always redo their estate planning documents when they either get married or get divorced in order both to avoid possible unintended consequences and to properly provide for their new […]
posted on: August 18, 2017
Read MoreWhat are the primary differences between a Will and a Living Trust (“Trust”)? Some primary differences are whether a Probate will be necessary; the costs and fees involved; the kind of assets and legal affairs to be managed; and when the document takes effect. A Will is a “legal instrument” used to name an Executor […]
posted on: July 31, 2017
Read MoreOne important consideration in estate planning is whether assets left in trust to a beneficiary may become subject to the beneficiary’s own creditors’ claims. The California Supreme Court recently addressed this issue in Carmack v. Reynolds (2017) 2 C5th 844 and resolved certain ambiguities in California’s Probate Code sections 15300 et. seq. […]
posted on: July 17, 2017
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