Walnut Creek Elder Law Blog

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

October 27, 2009

 Major Changes To the Medi-Cal Laws Pending

By: Michael J. Young

Elder Law Attorney

            Governor Schwarzenegger recently signed the Deficit Reduction Act (DRA) into law in California. The law has not yet taken effect, but when it does take effect, within the next several months, there will be major changes to Medi-Cal rules. These rules will affect elder law and long term care planning.

             One of the major changes will be an increase in the look-back period for gifting of assets from 30 months to 60 months. Under the current law, California uses the 30-month look back period, and the period of ineligibility for Medi-Cal begins at the month of the transfer. Under the DRA rules, the look-back period is increased to 60 months. Moreover, the period of ineligibility begins after the applicant has spent down or gifted their assets, and has applied for Medi-Cal. The period of ineligibility goes forward from that date.

             This is a significant and detrimental change.   As a result, we are encouraging clients, who will possibly be facing placement into a nursing home within the near future,  to do their long term care planning now, before the new gifting rules take effect.

             Michael J. Young is an elder law attorney in Walnut Creek California. You can visit his website at www.WalnutCreekElderLaw.com