Walnut Creek Elder Law Blog

Elder Law Attorney Michael J. Young practices in the areas of long term care planning, asset protection, government benefits planning and estate planning for the older client in Antioch and the surrounding areas. Mr. Young holds workshops regarding these topics on a regular basis. He is the author of the The Alzheimer’s Legal Survival Kit and The Nuts and Bolts Guide to Veteran’s Benefits. These and other publications and information regarding upcoming workshops are available through Mr. Young’s website at http://www.WalnutCreekElderLaw.com.

Many of Mr. Young’s clients live in Antioch and wish to engage an elder law attorney to help them do their long term care planning for asset protection and government benefits planning such as for the VA Aid & Attendance Pension Benefit and Medi-Cal.

Medi-Cal pays for skilled nursing facility costs. The VA Aid & Attendance Improved Pension Benefit can help pay for in home care, assisted living facilities and the costs of board and care. If you are a wartime veteran, or the surviving spouse of a wartime veteran, over the age of 65 and may be in need of help with activities of daily living, you may want to plan for this little known benefit.

Planning for asset protection, Medi-Cal and the VA Aid & Attendance Pension Benefit usually begins with updating the estate planning documents, such as the revocable living trust and financial durable powers of attorney to include specialized planning language. The focus for this type of planning changes for the older client, to help make our assets last longer, and to create more options. An elder law attorney can help you with this important perspective. We don’t want to run out of money or options as we grow older. The focus on long term care planning changes from “What happens when we die” to “What happens if we don’t die.”

Mr. Young offers a free telephone consultation, and you may contact his office at 925-256-0298, and visit his website at www.WalnutCreekElderLaw.com.

This information is not to be taken as legal advice, and you are encouraged to see an elder law attorney or senior law attorney for your particular situation. 

Written Michael J. Young, lawyoung1@gmail.com, elder law attorney with offices in Walnut Creek, CA. www.WalnutCreekElderLaw.com 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc.

Michael J. Young, elder law attorney, represents many older clients in Brentwood, CA. Mr. Young practices in the areas of  estate planning, long term care planing, government benefits planning and asset protection. Author of The Alzheimer’s Legal Survival Kit and The Nuts and Bolts Guide to Veteran’s Benefits, Mr. Young helps his clients plan for the VA Aid & Attandance Pension Benefit for wartime veterans, and for Medi-Cal.  Both of these publications are available through Mr. Young’s website at www.WalnutCreekElderLaw.com The Aid & Attendance Pension Benefit, (A&A) can help pay the costs for in home care, assisted living facilities and board and care. Medi-Cal pays for skilled nursing costs. Both programs are income and needs based, and they have different rules for qualification, gifting and asset protection. As a result, for the veteran, both must be planned for at the same time. Mr. Young’s long term care planning and estate planning emphasizes not only on ‘what happens when you die’, but ‘what happens if you don’t die.’

For additional information, please feel free to contact Mr. Young’s office at 925-256-0298 and his website at www.WalnutCreekElderLaw.com

This information is not to be taken as legal advice, and you are encouraged to see an elder law attorney for your particular situation. 

Written Michael J. Young, lawyoung1@gmail.com, elder law attorney in Walnut Creek, CA. www.WalnutCreekElderLaw.com mike@WalnutCreekElderLaw.com. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc.

The VA Aid and Attendance Improved Pension Benefit can help pay for the costs of in home care, assistant living facilities and board and care homes for the older wartime veteran. A single veteran can receive up to $1,644 per month, or $19,736 per year. A widowed Spouse can receive up to $1,056 per month or $12,681 per year. This pension benefit is considered non service connected, meaning that you do not have to be suffering from a wartime injury to obtain the benefit.

This VA program is needs based, and your elder law attorney can help you qualify and apply for this VA benfit. When we plan for Aid & Attendance, we also plan for Medi-Cal qualification at the same time. The Medi-Cal qualification rules regarding gifting and transfer penalties must be taken into account when you plan for Aid & Attendance. If you do not do so, you may become qualified for Aid & Attendance, but disqualified for Medi-Cal. Medi-Cal pays for nursing home costs, which can run $7500 per month or more in Contra Costa County.

As part of the Aid & Attendance Improved Pension Benefit qualification, the VA now considers the veteran’s life expectancy in determining how much a claimant can retain in assets. If the veteran has over $50,000 in assets, not including the home, you may want to pursue transfers of assets and asset protection, and coordinate any such transfers with Medi-Cal transfer regulations. You should not transfer assets without the help of your elder law attorney, who is also certified by the VA.  

This information is not to be taken as legal advice, and you are encouraged to see an elder law attorney for your particular situation. 

Written Michael J. Young, lawyoung1@gmail.com, elder law attorney in Walnut Creek, CA. www.WalnutCreekElderLaw.com mike@WalnutCreekElderLaw.com. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc.

We do Alzheimer’s planning in our lawfirm. This type of long term care planning includes, in part, the preparation of estate planning documents. These specialized documents contain required, updated language for asset protection and government benefits planning regarding Medi-Cal and the VA Aid and Attendance Improved Pension Benefit. Part of the planning may also include asset protection of the home and monetary assets.  

However, a big part of Alzheimer’s planning involves working with the family of the loved one who is afflicted with this disease. Alzheimer’s disease can last many years, and our relationship with the families we represent can be very long. As an example, my mother in law, who has Alzheimer’s disease, and who turns 90 next month, has been in a board and care facility for the last 10 years. Other than the disease, she is fairly healthy for a 90 year old.  She does not recognize her three “girls”, but she is being well cared for.  

Currently, there is no cure for Alzheimer’s, but there are treatments and services that will make life more bearable for the Alzheimer’s patient, and his or her family.  We offer  support for our clients and their families, regarding resources for care as part of the  long term care planning. We also encourage our clients and their families to become knowledgeable about the disease. For additional information regarding Alzheimer’s planning, please feel free to contact our office.

This information is not to be taken as legal advice, and you are encouraged to see an elder law attorney for your particular situation. 

Written Michael J. Young, lawyoung1@gmail.com, elder law attorney in Walnut Creek, CA. www.WalnutCreekElderLaw.com mike@WalnutCreekElderLaw.com. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc.

I can’t help myself talking about our grandkids, at least one more time. My wife and I have two grandchildren, a boy 4 and a girl 2 ½. Both kids “stayed over” a couple of weekends ago. They arrived on Saturday morning with their little suitcases packed, which included their swimsuits. They wanted to swim with us in our community pool, but that plan was thwarted when we found out the pool pump was broken.

We felt horrible, and did not have a little pool for them. What we did have was a large plastic storage container, which held about 20 gallons of water. We also had large and small “Super Soaker” squirt guns, and Grandma had all sizes of plastic measuring cups. The kids put their swim suits on, filled the storage container with water, and climbed inside the container! They played with the hose, the squirt guns and the measuring cups for hours. Every once in awhile they would climb out of the container and lie on their towels in the sun to dry off. When they were dry they would climb back into the container and have more fun! I guess we don’t really need a pool, but I am off to Target to find something for them to use at our house.

There is probably no legal point to all of this, (other than to include your grandchildren in your estate plans) but I just had to share with you how fun it is being grandparents!  

Written Michael J. Young, lawyoung1@gmail.com, elder law attorney in Walnut Creek, CA. www.WalnutCreekElderLaw.com mike@WalnutCreekElderLaw.com. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc.

This information is not to be taken as legal advice, and you are encouraged to see an elder law attorney for professional advice.

It is highly recommended for the older person, that their estate planning documents be put in place as early as possible, in order to help guard against elder financial abuse. It is when the older person begins to show signs of a loss of mental capacity, that financial predators step in to take advantage of the older person. We have been seeing more and more of this lately, possibly because of a downturn in the economy.  

Older persons should consider preparing their estate plans right away, especially for instance, if there are beginning signs of dementia, a diagnosis of Parkinson’s disease or cancer, or if the older person has fallen. You will be able to pick who you know and trust as your health care agent and agent under your financial durable power of attorney while you still have good mental capacity.

If you are uncomfortable with appointing family members for these rolls, consider appointing a professional fiduciary. California has a rigid licensing program for professional fiduciaries, and they can be used in these positions in order to avoid financial abuse. Professionial fiduciaries are able to assist early on with bill paying and money management.

Unfortunately, the highest percentage of financial abuse and exploitation of the older person, involves the elder’s family members. Many times it is a child who has been dependent for support on the older parent. This child is usually unemployable, in financial straights, won’t work and many times has substance abuse problems. Many times they will badger their parent into giving them money. The parent gives in, just to get them off of his or her back. I have seen children who are completely exasperated that their parents are living so long! The children want their inheritance now, and don’t see why they should have to wait!

Other signs of elder financial abuse can include large bank withdrawals that the older person cannot explain, or a new friend or housekeeper gaining access to bank accounts. Another sign of problems is that bills are not being paid.

When the estate planning documents are being prepared, also consider asset protection and government benefits planning language to be included in the various documents. If the older person loses capacity, the asset protection plan can still be implemented.

Written Michael J. Young, lawyoung1@gmail.com, elder law attorney in Walnut Creek, CA. www.WalnutCreekElderLaw.com mike@WalnutCreekElderLaw.com. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc.

This information is not to be taken as legal advice, and you are encouraged to see an elder law attorney for professional advice.

When my elderly father would come to visit me, I would ask, “Where’s your cane Dad?” He would say that he didn’t need it, and that he was trying to build up his strength. He needed to use his cane though, because he would hang onto me or my brother, or hang onto whatever was close to him, like a lampost, etc.  One evening on a weeknight at about 3:00 a.m., my father called me to tell me that he had fallen. It was bad, in that he cut his head, and we had to take him to the emergency room.  He was badly shaken, and it took a long time for him to recuperate.

Injuries from falls from older people is a real concern. Statistics show that once an older person has fallen, they are likely to fall again, unless precautions are taken. Injuries are the fifth leading cause of death among older people, and 80% of those injuries are the result of falling. For older women, falls can more often cause bone fractures because of osteoporosis.  My older clients remind me of my parents, and I encourage them to use their canes or walkers.

We often receive calls from the loved ones of older persons who have fallen.  Many times it is a wake up call to get things in order, such as wills, trusts and other estate planning documents. The concern for planning for long term care for the older client becomes more critical.

Written Michael J. Young, lawyoung1@gmail.com, elder law attorney in Walnut Creek, CA. www.WalnutCreekElderLaw.com mike@WalnutCreekElderLaw.com. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Walnut Creek, Alamo, Danville, Concord, Brentwood, Pleasant Hill, Antioch, Clayton, etc.

VA AID AND ATTENDANCE BENEFITS

            The VA Aid and Attendance pension benefit program is provided by the Veterans Administration to veterans and their surviving spouses. This benefit helps to pay for in-home care, assisted living facility and nursing home costs. There are income and asset requirements for qualification. When we plan for the VA Aid and Attendance benefit for our senior clients as part of their long term care plan, we also plan for Medi-Cal benefits at the same time. If this  planning is not coordinated and done carefully by an elder law attorney, you may become eligible for the VA Aid and Attendance benefit, but ineligible for Medi-Cal for a long period of time.

             You should see a senior law attorney who is accredited by the Veterans Administration to give advice on the Aid and Attendance program, and who is accredited by the VA to file an application for this benefit on behalf of his clients. The senior law attorney is required to make the application on a pro bono basis on behalf of his clients. Beware of individuals and organizations who appear somehow to be connected with the Veterans Administration. Many times they are annuity salespeople, and are certainly not accredited by the Veterans Administration. They make their living by selling annuities. Annuities may at times be a valuable tool for asset protection, but should not be the focus of long term care planning. In addition, the use of an annuity may be a “time bomb” as far as Medi-Cal eligibility is concerned. The annuity salesman may help create eligibility immediately for the VA Aid and Attendance pension benefit by the use of an annuity, but may create long periods of ineligibility for Medi-Cal. Always ask if the person who is offering to give you advice on the Aid and Attendance benefit has been accredited by the Veterans Administration.  They must  be accredited to file for an application for the VA Aid and Attendance benefit and to give specific advice with regard to the application. If they are not so accredited, they will most likely be in violation of the law.   

             To be eligible for the benefit, the veteran must have been honorably discharged from the service. The veteran must have also served one day during a wartime period, and must have been in the service during a wartime period for 90 continuous days. Also, it is not a requirement that the veteran saw combat, or that he was injured.

            By Michael J. Young, Elder law attorney in Contra Costa County.

 Mr. Young’s office is located at 1931 San Miguel Dr., Ste. 220, Walnut Creek, CA 94596. His office number is 925-256-0298 and e-mail is LawYoung1@gmail.com. You may visit his website at www.WalnutCreekElderLaw.com  Mr. Young serves senior clients in Contra Costa and Alameda Counties. He also has many senior clients in Brentwood, Antioch, Concord, Alameda and surrounding communities. His long term care plans for seniors helps families prepare to pay for nursing home costs and preserve assets. He also helps his clients apply for Medi-Cal and the VA Aid and Attendance Pension benefit. You may see Mr. Young’s “Nuts and Bolts” Guide to Veteran’s Benefits at the following link. www.walnutcreekelderlaw.com/GuideToVeteransBenefits.html

Parkinson’s disease is a brain disorder, wherein certain nerve cells in the brain become impaired or die. These nerve cells, called “neurons” normally produce a chemical known as dopamine. This chemical allows for smooth, coordinated functions of the body’s muscles and movements.

When a high percentage of the brain cells which produce dopamine are impaired, symptoms of Parkinson’s disease may appear. Symptoms may include tremors, changes in facial expression, imbalance, small handwriting and slowness of movement. In time, the symptoms may become worse. Mild tremors can become more severe. Body movements may also become slower, and mobility problems may become worse. The use of eating utensils, dressing, and performing various activities of daily living may become more difficult.

Parkinson’s disease, which is difficult to diagnose officially, affects both sexes in equal numbers, and does not discriminate on the basis of ethnicity, social status or where you live. There are different rates of progression for the disease. We encourage our clients who have Parkinson’s disease and their familiy members to seek the help of support groups, to pursue ongoing medical care, and to learn adaptive techniques from medical professionals.

 Parkinson’s disease is the most common brain disorder, after Alzheimer’s disease, that we see with our clients. When symptoms of Parkinson’s disease appear, as with symptoms of Alzheimer’s disease, we receive inquiries from individuals who may have the disease, or from their loved ones. They want know what should be done now regarding the establishment of a long term care plan for the person with the disease.

We help clients review and update their existing estate planning documents, to be sure the documents contain the requisite asset protection language. We then help the family plan for long term in-home care, which is the preference of most of our clients. We help the family plan for the VA Aid and Attendance benefit, which can help pay for in home care, for veterans. We also help with planning for Medi-Cal benefits, which can pay for nursing home care.   

 If you or a loved one has symptoms of Parkinson’s disease, please feel free to call elder law attorney Michael J. Young, with offices in Walnut Creek, CA, at 925-256-0298. Mr. Young serves clients principally in Contra Costa and Alameda Counties. You can visit our web site at www.WalnutCreekElderLaw.com

The Law Offices of Michael J. Young Present An Elder Law Seminar – “DON’T GO BROKE IN A NURSING HOME” – “How To Get Medi-Cal Coverage For Your Nursing Home Care … Without Selling Your Home or Leaving Your Family Without a Dime”

In the Workshop Learn How to get Medi-Cal coverage for your Nursing Home Care, Without Selling Your Home or Leaving Your Family Without a Dime. One of our biggest fears is having our life savings wiped out if we end up in a nursing home. Whether you or a family member is in a crisis or not, it is important that you understand what to do now to protect your hard-earned assets.

Also, learn about the Veterans Administration Aid & Attendance Benefit, for war time veterans. This V.A. program can help pay for in-home care, board and care costs, and costs for assisted living facilities.

At this workshop, here are some items we will discuss:
How to protect your home against a Medi-Cal lien.
How to avoid having your life savings wiped out by a nursing home spend down.

The asset protection language that most people do not have in their revocable living trusts and financial durable powers of attorney.

The Veterans Administration Aid & Attendance Benefit.
A glimpse at the new Medi-Cal rules under the Deficit Reduction Act, which is coming soon to California

Attendance at this workshop is free, but seating is limited. You can reserve your spot at the workshop by calling (925) 256-0298.

We will also be distributing our Alzheimer’s Legal Survival Guide, and our Nuts and Bolts Guide to Veterans Benefits.

Please check the website for seminar dates.