Qualified and experienced elder law attorneys help those, who need long term care, qualify to have the care paid by Medi-Cal and Veterans Aid and Attendance benefits. For both Medi-Cal and Veterans Aid and Attendance, you need to financially (and medically) qualify.
Here are 12 ways in which elder law attorneys help people qualify for financial assistance, if they are not immediately eligible. Consult with a qualified and experienced elder law attorney whose practice includes both Veterans benefits and Medi-Cal long term care benefits to determine which strategies are best for your individual situation. It is wise to work with an attorney who is accredited by Department of Veterans Affairs.
(1) Spend down of non-exempt assets on exempt assets
(2) Investment in unavailable assets
(3) Planned gifting programs
(4) Annuity planning
(5) Income transfers
(6) Income allocation
(7) Irrevocable income only trusts
(8) Asset protection trusts for inheritances or gifts
(9) Beneficiary designation analysis and planning
(10) Medical tax planning
(11) Temporary long term care insurance
(12) Request to increase asset or income limits, due to special circumstance
Not all of the above strategies will be needed or advisable for all persons. The specific strategy used must be done in compliance with the applicable laws and regulations which vary between the VA and Medi-Cal programs.
A common problem we have observed in matters where applicants either tried to do it themselves or were advised by non-lawyer advisors who didn’t know (or possibly didn’t care) that a strategy used in applying for one program would cause problems when benefits under the other program were sought.
For these reasons, in many cases, it is wise to first meet with an experienced, qualified elder law attorney who is both accredited by the Department of Veterans Affairs and also regularly assists clients with Medi-Cal planning. By doing so, applicants can maximize their chances of getting a properly coordinated strategy which will assist in applying for both VA and Medi-Cal benefits.
The sooner you do long term care planning, the better. You’ll have more choices and likely be able to save more assets. But, even if you or a loved one is already in a nursing home, some of these planning techniques may still be available.
Don’t hesitate. Consult with a qualified, experienced elder law attorneys to determine the right Medi-Cal and/or Veterans Aid and Attendance plan for you to pay for long term care.
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