As the population of older Americans continues to increase, we have also experienced an increased awareness of issues that impact them, including the prevalence of elder abuse, neglect, and financial exploitation. States across the nation are scrambling to try and prevent, or at least combat, the problem of elder abuse, with varying success. According to a recently released study by Wallet Hub, California gets poor marks for protecting the elderly. The Baby Boomers Reach Retirement Experts … [Read more...] about California Gets Poor Marks for Protecting the Elderly
Elder Law
Why Would I Need an Elder Law Attorney?
It is not uncommon for the average person to fail to recognize when an elder law attorney is needed, due in part to the fact that elder law is a relatively new area of the law. In fact, most people do not know what elder law attorneys actually do, much less how to recognize when they need one. To help prevent you from making that mistake, let's explore when you might need an elder law attorney. What Is Elder Law? As the older population in the United States steadily increased, the need for … [Read more...] about Why Would I Need an Elder Law Attorney?
Medi-Cal Planning Tips
In order to qualify for Medi- Cal Long Term Care benefits, you as an applicant must fall below certain income and asset thresholds. However, not all your assets are taken into account when it comes to determining whether you meet the requirements. Countable vs. Non-Countable When you submit an application for Medi-Cal Long Term Care benefits, your assets fall into two categories: countable and non-countable. Only your countable assets are part of the equation for determining whether … [Read more...] about Medi-Cal Planning Tips
Where You Should Leave Your Burial Instructions or Final Arrangements
Contrary to popular belief, you should not include your burial instructions or other final arrangements in your Will. Instead, leave your burial instructions or other instructions regarding your final arrangements in a separate instrument. The reason for this is timing. Most likely, your heirs or executor may not find your will immediately, and by the time someone locates it, it may be too late. You need to make sure you give your funeral instructions to someone who can locate it … [Read more...] about Where You Should Leave Your Burial Instructions or Final Arrangements
Veterans Benefit: A Primer – Part 6 of 7
As noted in the previous Part, many person who initially contact our office relating to VA benefit eligibility do not immediately qualify for them. In most cases it is because they have too many assets that the VA would count in ascertaining their availability. However, despite the recent restrictions imposed by the VA on eligibility standards, there are effective and legal strategies that can be employed to reduce one's net worth for VA eligibility purposes. One note of caution: There … [Read more...] about Veterans Benefit: A Primer – Part 6 of 7
Veterans Benefits: A Primer – Part 5 of 7
Turning to the financial test in VA eligibility planning, there is much confusion in this area. Unlike the VA Compensation program, whose eligibility tests focus on a veteran's degree of disability and whether or not it was connected to his or her service to our country, the Pension program also focuses on the veteran's income and assets. Effective October 18, 2018, the VA made dramatic changes to the financial eligibility standards. Due to their complexity, they cannot be set forth in … [Read more...] about Veterans Benefits: A Primer – Part 5 of 7
Veterans Benefits: A Primer – Part 4 of 7
In this Part, we will explore the disability test. As previously discussed, if a veteran became disabled while serving the country during his or her military service, he or she will likely be eligible for a disability benefit under the VA's Compensation program, which, unlike the Pension program, is not means tested. To receive a VA pension benefit. however, the veteran must establish his disability in one of two ways. First, a veteran can show that a permanent and totally disabling … [Read more...] about Veterans Benefits: A Primer – Part 4 of 7
Veterans Benefits: A Primer – Part 3 of 7
To be eligible for the VA "Pension", a veteran applicant must satisfy three basic tests: 1. Wartime Service; 2. A Disability; and 3. Limited Assets and Income. We will explore each of these requirements in the next few Parts. A surviving spouse of a veteran must also meet a fourth test, the "Marriage" test. He or she must have been married to a veteran of the opposite gender at the time of the veteran's death, been married for more than one year and have not remarried. Unfortunately, this … [Read more...] about Veterans Benefits: A Primer – Part 3 of 7
Veterans Benefits: A Primer – Part 2 of 7
In Part 2 of this Primer series, we will take a closer look at the VA "Pension" benefit available to certain wartime benefits. The "Pension" benefit is commonly and mistakenly referred to as the "Aid and Attendance" (A & A) benefit. As discussed below, the A & A benefit is but one of three "Pension" benefits. The "Pension" benefit is actually three separate but related benefits. The fundamental benefit is the "Improved Pension". There is an additional benefit for those who meet … [Read more...] about Veterans Benefits: A Primer – Part 2 of 7
Veterans Benefits: A Primer – Part 1 of 7
Our firm regularly assists clients with obtaining benefits available from the Department of Veterans Affairs (VA) for assistance in paying for long term care benefits. The VA requires that attorneys be accredited by the VA in order to represent veterans before the VA relative to their benefits. This author is so accredited. In helping our veteran clients and their surviving spouses, we have learned that there is much confusion about VA benefits and their availability. In this Primer … [Read more...] about Veterans Benefits: A Primer – Part 1 of 7
