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California Elder Law

Elder law is another aspect of estate planning, focusing primarily on the needs of families and individuals as they age. Issues of aging include senior housing and home care, long-term (or nursing home) care, guardianships and health care documents, Medicare and Medi-Cal (California Medicaid).

Senior Housing & Long-Term Care Options

The Long Term Care Dilemma

As our population ages, more and more of us confront elder law-related issues, whether for ourselves or our parents. One of the most pressing issues is long-term nursing home care, which usually is not covered by traditional health insurance. Depending on where you live and the level of care needed, nursing home care can cost from $91,000 to over $200,000 a year. The average stay is slightly more than three years. Most people end up paying for nursing home care until their personal (or family) assets are depleted, then they may qualify for Medicaid to pick up the cost.

Careful planning, however, can help protect your assets, whether for your spouse or for your children. The belt-and-suspenders approach is to purchase long-term care insurance while you are healthy enough to qualify, and to make sure you receive the benefits to which you are entitled under Medicare and Medicaid.

Medicare

Clients are frequently confused over the differences between Medicare and Medicaid. Though their names are very similar, the programs are quite different. Medicare is an entitlement program, a federal health insurance program in which most people enroll when they turn 65 years old. There are no financial qualification rules. Medicare has two primary parts: Part A and Part B.

Medicare Part A covers in-hospital care, extended care after a hospital stay, some home health care services, and hospice services. The rules for nursing home coverage are very strict and, in fact, Medicare pays for less than 9 percent of nursing home care in this country.

California Medi-Cal

Medi-Cal (California Medicaid), is a joint federal-state program, subject to certain federal requirements, each state implements its own regulations on how the program is managed. Medicaid is not an entitlement program like Medicare, but rather a form of welfare. Medicaid eligibility is determined after the proper application is submitted to the local County office of the Department of Health Services. There are many Medicaid insurance programs available in California, from basic medical coverage to nursing home programs. Information about Medi-Cal for long-term care in a nursing home or community setting can be found on the California Department of Health Care Services website.

The California Department of Aging provides a wealth of information for seniors and care givers.

We assist seniors and their families in making the tough decisions regarding long-term care planning, including whether Medi-Cal eligibility may be an option.

Senior Housing Options

Helping a parent move to senior housing can be daunting. The death of a spouse, declining health or safety concerns can trigger the need to move. The first phase comes with the realization that what has been home is no longer suitable. Emotional ties to a place are hard to overcome. Finding a new home that is appealing and appropriate is no easy task, and neither is sorting through a lifetime's accumulation of “stuff.”

Here are some tips to help make the transition easier:

  1. Plan ahead. Don't wait for a health crisis to start the process. The smoothest transitions occur when the person moving is in the driver's seat.
  2. Get a full assessment of the current situation. Physical care needs and financial resources are where to start. Consider the costs of staying in place, including renovation and ongoing maintenance. Add the cost of rising utility bills and taxes, and don't forget transportation and food. Make a list and decide whether it's cheaper to stay or move to a community designed for seniors.
  3. Take a multi-phase approach. Seniors often take longer than a year to actually make the move.
  4. Fully explore new housing options. Senior living offers a broader range of options than ever before.

THE LAW PRACTICE OF ZARCARO & ASSOCIATES IS LIMITED TO THE STATE OF CALIFORNIA. THE INFORMATION, IDEAS AND SUGGESTIONS CONTAINED HEREIN HAVE BEEN DEVELOPED FROM SOURCES THAT ARE CONSIDERED AND BELIEVED TO BE RELIABLE BUT CANNOT BE GUARANTEED INSOFAR AS THEY APPLY TO ANY PARTICULAR PERSON. NOTHING IN THESE PAGES IS TO BE CONSTRUED AS LEGAL OR FINANCIAL ADVISE. MOREOVER, BECAUSE OF THE TECHNICAL NATURE OF THE MATERIAL AND THE FACT THAT LAWS ARE NEVER STATIC, BUT EVER CHANGING, AT THE VERY LEAST THE ASSISTANCE OF A QUALIFIED LAWYER IS RECOMMENDED WHEN IMPLEMENTING ANY PLANS OR IDEAS DISCUSSED IN THESE PAGES. THE AUTHOR SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS, OR RISK, PERSONAL OR OTHERWISE, INCURRED AS A CONSEQUENCE DIRECTLY OR INDIRECTLY OF THE USE AND APPLICATION OF ANY OF THE TECHNIQUES OR CONTENTS OF THESE PAGES. ZARCARO & ASSOCIATES, A.P.C.

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