The Law Office of Philip M. Flanigan, P.C., Medi-Cal Planning For Your Future

Of all the issues you must look ahead to when you’re thinking about your future, one of the most critical is your care. You are likely to need medical care, such as nursing home treatment or even assisted living. Planning for your future care is always complicated, but I can help you through the process.

At my firm, The Law Office of Philip M. Flanigan, P.C., I’ve been an attorney and adviser to clients throughout California for over 30 years. I am a compassionate, experienced guide for clients facing uncertainty in their long-term care needs. I will explain the law and your options to you so you can make the right decisions.

Looking Ahead At Your Health

When my clients come to me about elder care planning, they often have a lot of stress and anxiety. I help soothe those feelings by explaining to them their care options and potential benefits. I can guide you through settling questions regarding:

• Conservatorships: In California, families must often pursue conservatorship over adults who can no longer care for themselves. These conservatorships can be over just property or all aspects of a person’s life.
• Power of attorney: A Durable Power of Attorney grants a person a great deal of authority over your property and person. It is not a Conservatorship, as their choices cannot overrule yours.
• Advance directives: Advance directives are documents that supply guidance to your family on your wishes regarding health care in the case of your incapacitation. They may include a Directive to Physicians or a living will.

There are many decisions to make, and I will explain all the legal necessities to you. I can also offer you significant insight into the federal and state-level benefits you may have available.

Medi-Cal Can Raise Asset Protection Concerns

Medi-Cal is California’s Medicaid program. Medi-Cal benefits can be a key source of financial help when it comes to getting the long-term care you need. However, participation in Medi-Cal has the potential to deplete your resources. That’s why it’s so important to take steps to protect your assets when planning for Medi-Cal.

The two main expenses you and your estate might face in relation to this program are share of cost and recovery claims. Understanding these expenses can be key to making informed decisions for safeguarding your financial future.

What To Know About Share Of Cost

Share of cost is an expense you might encounter while receiving Medi-Cal benefits. It works like a deductible for private insurance. It’s a monthly amount you need to cover when it comes to your health care expenses before Medi-Cal contributes anything.

Whether you face a share of cost (and the amount you have to pay) depends on your income, after deductions.

Fortunately, there are ways to minimize these expenses. For example:

• You can engage in advanced planning to try to reduce the amount of your share of cost.
• You can cluster your health care expenses to make the most of months where you’ve already paid your full share of cost.

I can guide you on your options and help you develop share of cost planning strategies tailored to your circumstances and needs.

Avoiding Medi-Cal Recovery Claims

Medi-Cal recovery claims can deplete your assets after your death. If you pass away at age 55 or older, Medi-Cal can seek repayment from your estate for the benefits you received.

However, not all assets are subject to these claims. Some exceptions and exemptions exist. Also, claims only apply to your probate estate, so assets that avoid probate are generally safe.

This provides opportunities to reduce your estate’s exposure to recovery claims through careful planning. For example, trusts, which generally avoid probate, can be very helpful in this regard. I am here to answer your questions on Medi-Cal recovery claims. Let me help you protect your estate.

Skilled Guidance. Compassionate Attorney

The medical well-being of the elderly is a highly complicated matter. I have seen how these struggles can create strife and difficulty within families. I’m here to help you keep that from happening. Call my office at 559-282-0232 or send me an email.