In our third installment of Defining Elder Law, we discuss Conservatorships and Elder Abuse. While technically these are two separate legal matters, they often find themselves intertwined, as conservatorships often become necessary because financial elder abuse is occurring. CONSERVATORSHIPS A Conservatorship is when the Court appoints a person (such as a friend, family member, or...Read More
What is Elder Law? Part 2: Medi-Cal Planning A highly specialized part of Elder Law is Medi-Cal planning. Medi-Cal is California’s version of Medicaid. In the context of Elder Law, an attorney can not only help you to qualify for Medi-Cal, but also help you keep your assets upon passing. This ensures your home and life savings are...Read More
Harper Lee, the renowned author of “To Kill a Mockingbird” has a new book coming out this summer, at the spry age of 88. Her new book, titled, “Go Set a Watchman,” takes place in the 1950’s and is centered around the character Scout as an adult, from To Kill a Mockingbird. But the circumstances...Read More
American Top 40 host and Scooby Doo voice, Casey Kasem suffered from Parkinson’s disease in his later years. This January, he passed away under tragic and somewhat dubious circumstances, which may have been prevented had a conservatorship been established. In 2013, his children filed for a temporary conservatorship when they reportedly had been prevented from...Read More
As more and more of our society become seniors, caring for an elderly loved one is becoming a challenge in more of our lives. The simple truth is that there is no easy way to ensure a smooth management of their care and financial well being. Every single person is surrounded by a complex series...Read More
Elder Law Part 1: Estate Planning While the mansion in the photo is indeed elderly (circa 1700), and many would no doubt call it an “estate,” Elder Law as it relates to estate planning isn’t always about large homes, or even elder persons. The term “Elder Law Attorney” actually refers to a fairly new field of...Read More
What happens when a billionaire decides to leave everything to a new, young wife? A healthy dose of Chaos – and legal fees- are likely not far behind. New Orleans Saints owner and 87 year old billionaire Tom Benson changed his mind last year and decided to leave his empire to new wife Gayle and cut...Read More
Elder Law in California- MediCal Long Term Care Throughout my experience as an Elder Law Attorney in Contra Costa County, I have seen families needlessly spend thousands of dollars (if not more) on long-term care because of misinformation and/or misconceptions about MediCal and their eligibility. If someone in your family suffers from Alzheimers, dementia, Parkinson’s, or ALS, the...Read More
Under a federal law that is not widely known, states are allowed to seize assets of Medi-Cal beneficiaries when they pass. Under the federal law, states are required to reclaim nursing home costs, but reclaiming other medical expenses is optional. California claims both. This fact is also little known to current Medi-Cal beneficiaries, as an article...Read More
In my last Conservatorship blog post, we discussed the role of a Conservatorship and the differences between a Conservatorship of the Person and the Conservatorship of the Estate. Today, I want to generally discuss the question of “how.” How does one go about obtaining a Conservatorship? When it comes to the process of petition for...Read More
