What You Need to Know… About Long-term Care and Your Rights

In Local Industry Specialists

From the California Elder Law Center and Michael J. McGuire, Elder Law Attorney

In California, the average cost for one month in a nursing home is $10,298 according to the Department of Health Care Services, aka Medi-Cal. And that’s not bad, nationally. In other states, it is not uncommon for the cost to exceed $14,000 to $15,000 per month! The DHCS also estimates that 70%, or seven in ten Californians over the age of 65 will need some kind of long-term care
during their lives.

And even if Medi-Cal does pay for all or some of a person’s stay, the organization states, “When a Medi-Cal member passes, the person handling the estate must give written notice of the death, within 90 days of the date of death.”

Why? Medi-Cal may pay for the care but when the recipient passes away, the State will try and recover every penny from the estate of the decedent…from the legacy the senior thought was going to the children, to help them get started in life, maybe help with the down payment on a home, or help pay for a grandchild’s education, even leave something for a church or charity. Just like a bill collector, they will sue, hound your family, threaten and eventually get every penny back!

Med-Cal DHCS Form 9060 (Rev 01-17) states, “Medi-Cal…will only pursue repayment if the following applies: The Medi-Cal recipient “has real (read as: your house!) or personal property (your life savings!) and/or other assets…that are part of their estate…subject to probate.”

What they do not say in the “Notice to Family Members” is that if you have your estate in a trust, your house, your life savings, a retirement account in a trust, revocable or irrevocable, then they cannot touch a penny; they cannot put a lien on anything!

So how do you protect yourself, your spouse, your family? With the use of a properly structured trust, you can rest at ease that you will be able to avoid probate, and the expense and delays it entails. You can be sure there will never be a lien on your house when you or your spouse pass, and you will never be a burden on your children or family.

What should you do? Join the thousands of families in California that have enjoyed a FREE consultation with an Elder Law Attorney at the California Elder Law Center. Call today, use PASSCODE 1776 and receive a free consultation worth $395.00. Get your questions answered and discover how to protect yourself and your family.

CALL NOW: 760-422-0404 or go to www.cal-elder-law.com for more information.

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