I. LONG TERM CARE DEFINED Long term care can be defined as that care which is expected to last for no less than thirty days. Long term care normally involves services of a custodial nature, the assistance necessary for a person to perform activities of daily living (ADL). Because of the custodial nature of the care required, long term care,

Many people often confuse Estate Planning and Long Term Care Planning. Although Long Term Care Planning may involve the same planning documents (Will, Trust, Durable Powers, etc.) as found in an Estate Plan, the powers and authorities provided and/or retained in those documents can be quite different. For example, a Trust may be very effective in eliminating or reducing the

What exactly is an Estate Plan? Isn’t it only for the wealthy? An Estate Plan is designed not only to pass assets at your death, but also to provide management of your personal and financial affairs while you are living. Wealth is only one factor when considering whether to do an estate plan. A properly devised estate plan is intended

What is the Aid and Attendance Pension Benefit? The Veteran’s Administration (VA) Aid & Attendance (A&A) Pension provides benefits for eligible veterans and/or their surviving spouses who require the regular attendance of another person to assist in eating, bathing, dressing and undressing or taking care of the needs of nature.  Individuals who are blind or are in an Assisted Living

“Is My Home Really Protected Under Medi-Cal?” by Neil A. Harris, Certified Elder Law Attorney (CELA) Harris & Plottel, LLP Perhaps one of the most misunderstood concepts in Medi-Cal is the principal residence exemption.  Unfortunately, discovering the limitations of that exemption often occurs too late for corrective action.  The following is a brief overview of Medi-Cal’s treatment of a principal

DOMESTIC PARTNERS AND LONG TERM CARE PLANNING By Neil A. Harris, Certified Elder Law Attorney While most of us are familiar with the term “Domestic Partners,” many believe that Domestic Partnerships are available only to same sex couples.  Actually, both same sex and older heterosexual couples can take advantage of Domestic Partnerships.  In fact, many older persons find entering into

VA Look Back & Penalty Period Proposed to Congress by Nicole R. Plottel On Wednesday, June 6, 2012, the Government Accountability Office (GAO) released its investigative report and recommendation to Congress that the Department of Veterans Affairs (VA) implement a “look back” and “penalty period” for the VA’s improved pension program. The VA pension program, which has been in existence

The California Durable Power of Attorney for Financial Purposes What is it? A financial power of attorney allows an agent to conduct financial transactions for the principal (the person who signed the power of attorney.) These transactions might include depositing or withdrawing money from bank accounts, signing income tax returns, or transferring assets to a trust. This type of power

California Advance Health Care Directive What is it? The Advance Health Care Directive can be used to appoint a family member or friend to make health care decisions for you if you are physically or mentally unable to make those decisions yourself.  Similar documents are also called Durable Powers of Attorney for Health Care.  This document is more comprehensive than