Elder Law
Medi-Cal Planning and Long Term Care
Most people require, at some point in life, long-term care either in their home, in a board and care residence or at a skilled nursing facility. Although the cost for this care can be exceedingly high, the Law Offices of Marc L. Edwards can advise you about the following ways to pay for such care:
Private payment in which you or your family directly pay for the care out of pocket or relying upon limited Medicare payments.
Purchasing a long-term care insurance policy today to plan for assisted or skilled nursing care in the future.
Taking advantage of California Medi-Cal to pay for greater care for an unlimited time subject to certain specific eligibility requirements.
While Medi-Cal benefits will often cover long-term care in a skilled nursing home, a Medi-Cal beneficiary must still pay a share of the costs for a nursing home. This presents an opportunity for planning to protect a married couple when one spouse needs long term care by reviewing each asset, each source of income, making various transfers, spending down cash and taking other important steps well in advance of applying for any Medi-Cal benefits. While these steps may seem straightforward, they are not. The Law Offices of Marc L. Edwards can provide you with sound advice for your particular legal situation when you contact us.
Conservatorships and Guardianships
A conservatorship is a legal proceeding to appoint someone (conservator) to care for the personal needs of an incapacitated person (conservatee) and his or her assets. The conservator becomes responsible for making decisions for the conservatee when the conservatee cannot make decisions for him/herself. Essentially, a conservatorship is appropriate when a person cannot take care of his or her personal needs and/or is substantially unable to manage financial resources or resist fraud or undue influence.
The Law Offices of Marc L. Edwards can assist you or a family member to establish, maintain, oppose or simply monitor a conservatorship. Having represented conservators, incapacitated conservatees and other interested family members, we are well experienced to advise you in this area. While conservatorships can generally be avoided with proper estate planning, they can be helpful by getting the court involved to supervise one’s personal and financial affairs.
Frequently, in the event of an incapacity or death, the need for a guardianship arises. Only for persons under the age of 18, California guardianships are established to protect and preserve either or both the personal and financial interests of a minor child. Many of the same court proceedings, requirements and laws apply equally to guardianships and conservatorships. Certainly, the Law Offices of Marc L. Edwards can represent you in these matters and would be pleased to discuss any concerns or needs you may have in this regard.