Law Office of Christopher R. Twining
Elder Law, Estate Planning, and Probate & Trust Administration       (310) 492-5990


Medi-CAL Planning
There are usually two issues in Medi-CAL planning

The first is ensuring Medi-CAL eligibility. This can currently be accomplished by means of gifting, and transferring assets or changing non-exempt assets into exempt assets.

The second in long term care Medi-CAL is shielding an applicant's assets from Medi-CAL's estate recovery program.

The rules are all subject to change in mid 2009 when new regulations are implemented. Contact my office today to schedule a free consultation to learn how to both ensure Medi-CAL eligibility and shield assets from the Medi-CAL estate recovery program.



What is Medi-Cal Planning?

 

Medi-Cal determines eligibility by the amount of income and resources available to the applicant. Therefore, Medi-Cal Planning can require purchasing, transferring, converting  and/or liquidating of assets to enable you or a loved one to qualify under Medi-Cal's test of income and resources.

 

Is this Legal?

 

Yes it is! Due to changes in federal laws enacted in 1996, almost anyone can qualify for  Medi- Cal. This can be accomplished within the Medi-Cal rules, and the planning needs to take into account the individual applicant’s unique situation.  Proper Medi-CAL planning is accomplished taking into consideration your own personal set of circumstances and objectives.

 

The Department of Health Services (DHS) even makes the Medi-Cal applicant sign a declaration that he/she is aware that such planning is a possibility - the "Notice of Spendown."

 

Everyone should be aware that the Medi-Cal rules are very complex, and often change annually. Recently enacted legislation ( the Deficit Reducation Act) has made it such that an improper transfer will soon result in a period of ineligibility of up to 5 (five) years.  It is important that you consult with a qualified Medi-CAL planning professional before attempting any planning methods.

At the Law Office of Christopher R. Twining we believe in providing our clients with piece of mind. Contact my office today to set up a free consultation.


LAW OFFICE OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CA 90024
(310) 492-5990
Fax: (310) 775-9774
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