Medi-Cal Planning and Elder Law
The attorneys at Kramer Radin, LLP have significant experience in the area of elder law, including preparing estate plans that consider the possibility of future incapacity, the need for extended care, and Medi-Cal eligibility. We also assist clients throughout Santa Clara County and the Peninsula and South Bay Area with conservatorship proceedings and with elder law issues. To schedule a consultation with one of our experienced and caring attorneys, contact Kramer Radin, LLP.
Planning for Extended Care
The high cost of nursing home care associated with Alzheimer's disease or related disorders often leaves families unsure of their options and faced with significant cost. This results in family members having to cope with the emotional and practical aspects of not only dealing with a serious illness while also being faced with difficult financial decisions.
As we and our loved ones age, proper planning, including financial and estate planning, are necessary to provide comfort and security. The cost and burden on the estate for extended care facilities can often be managed successfully by good planning. We develop comprehensive estate plans for our clients that carefully consider issues such as the cost of extended care.
Medi-Cal Eligibility
Medi-Cal is a program which will assist in funding long-term custodial care if a person qualifies. If approached properly, Medi-Cal eligibility may usually be established. With proper planning, the ability of the state to make claims against the home or other property may be avoided. Qualifying for Medi-Cal can help meet the financial needs of a person requiring long term or other expensive medical care. Wise preparation can allow a person to maintain his or her quality of life while preserving hard earned assets.
Conservatorship
When a person is no longer capable of handling his or her personal and financial affairs, it is necessary for someone to assume those responsibilities. It is possible to avoid a Court supervised conservatorship of the person and the estate by preparing legally binding documents designating who should act on an individuals behalf in the event of incapacity. For further information, please see our Conservatorship & Guardianship page.
Elder Abuse Issues
Unfortunately, the elderly are particularly vulnerable to abuse and neglect. Abuse may be financial, mental and/or physical in nature. Those responsible may be caregivers, other family members, nursing homes or strangers. Immediate investigation and legal assistance can often stop the suspected abuse. Litigation can provide a remedy after the abuse has occurred and prevent similar harm from occurring to others.
Some cases that we have handled have involved financial abuse or theft by people outside the family. In all cases it is important to quickly secure the situation, get the facts, and identify the relevant rights and responsibilities. In the family setting it is not uncommon for settlement to be reached, but often not until after contentious litigation.
We are members of the National Academy of Elder Law Attorneys, Inc. and of the California Advocates of Nursing Home Reform. Our focus is on protecting the elderly from financial, mental, and physical abuse.
