ELDER LAW

 

Long-term care costs are rising at an alarming rate in California. It has become a major problem for most seniors. Many end up losing their life savings paying for long term care (statistics show that 1 in 2 seniors will need long term care due to the fact that the average life expectancy has risen so dramatically in recent years). The average cost per month for nursing home care is now $7,500 or more.

 

If you or someone you love needs or may need nursing home care, are you prepared to sell all assets and give that money to the nursing home? In San Diego, the average nursing home monthly cost is between $6,500 and $8,000 a month. Would it be important for you to know that there are ways to structure what you own so that your assets do not get chewed up by a nursing home stay and that what you have worked a life time to amass can go to your children?

 

 

Medi-Cal Rules:

 


Protections for the Community Spouse

Community Spouse Resource Allowance (CSRA):

Minimum: $109,560
Maximum: $109,560

Monthly Maintenance Needs Allowance:

(also known as the MMMNA)

Minimum: $2,739
Maximum: $2,739

 
Transfers

Average monthly cost of nursing home care across the state according to state:

$6,840

 
Income

Is the California an income cap state?

No

 
Estate Recovery

Has the state expanded the definition of estate beyond the probate estate?

 

Yes

Has the state included a hardship provision in its estate recovery plan?

Yes

 
Home Equity Limit

Currently, California has no equity limit. When regulations are later put in place, the Medi-Cal program will no longer cover long-term care services for single individuals with home equity greater than $750,000 (indexed for inflation). However, even then there will be no home equity cap for married individuals.



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