October 20, 2009

Special Needs Trusts and Medi-Cal

Posted by Katherine A. Montgomery under crm Special Needs Trust
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reader of my article Special Needs Trusts Fundamentals inquired about using a Special Needs Trust (SNT) to supplement a parent’s Medicaid, while avoiding having to reimburse the state for those payments at the parent’s death. Of course, its beyond the scope of this web site to offer legal advice specific to anyone’s personal situation, but there are issues here I’d like to address.

Let’s presume that you are anticipating a parent will be entering a skilled nursing facility and wants the Medicaid program to pay the cost of that care. In California, where I practice, the Medicaid program is called “Medi-Cal” and it is the Medi-Cal program that I will be talking about.

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October 14, 2009

Resources: California Superior Court

Posted by CRM,LLP under crm California, crm Resources, crm San Francisco Bay Area CA
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Includes a detailed description of many aspects of conservatorship and a link to the Conservatorship Handbook.

Link: California Superior Court’s conservatorship page
Updated: 1 Sep 2009

 

October 8, 2009

Resources: Center for Elders Independence

Posted by CRM,LLP under crm Resources, crm San Francisco Bay Area CA
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“CEI’s program is specially designed to offer an alternative to those elders who prefer to remain in their own home, but whose medical problems make it impossible for them to live at home without assistance from doctors, nurses, social workers, and other caregivers. Your care is planned and provided by a interdisciplinary team of specialists working together with you. When necessary, services may also be provided in your home, in a board and care or other group housing, in a specialist’s office or in a nursing home. Our primary care physician will manage your hospital care.”

Phone: (510) 433-1150
Link: The Center for Elders Independence
Updated: 1 Sep 2009

 

October 2, 2009

Resources: CA Advocates for Nursing Home Reform

Posted by CRM,LLP under crm California, crm Resources, crm San Francisco Bay Area CA
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“Since 1983, California Advocates for Nursing Home Reform (CANHR), a statewide nonprofit 501(c)(3) advocacy organization, has been dedicated to improving the choices, care and quality of life for California’s long term care consumers. Through direct advocacy, community education, legislation and litigation it has been CANHR’s goal to educate and support long term care consumers and advocates regarding the rights and remedies under the law, and to create a united voice for long term care reform and humane alternatives to institutionalization.”

Phone: (415) 974-5171
Link: California Advocates for Nursing Home Reform (CANHR)
Updated: 1 Sep 2009

 

September 26, 2009

Resources: Alameda County California Social Services

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“Part of our mission is to protect, support, and advocate for an aging population, particularly those with disabilities. This is done through various programs: Adult Protection, In Home Support, Veterans Services, Area Agency on Aging, and Long Term Medical Care.”

Phone: (510) 577-1900
Link: Alameda County California Social Services
Updated: 1 Sep 2009

 

September 20, 2009

Resources: Family Caregiver Alliance

Posted by CRM,LLP under crm California, crm Resources, crm San Francisco Bay Area CA, crm USA
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“Founded in 1977, Family Caregiver Alliance was the first community-based nonprofit organization in the country to address the needs of families and friends providing long-term care at home. FCA now offers programs at national, state and local levels to support and sustain caregivers.”

Phone: (415) 434-3388
Link: Family Caregiver Alliance (FCA)
Updated: 1 Sep 2009

 

September 19, 2009

Resources: Elder Law Clinic

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“The JFKU Elder Law Clinic, opened in 2005, provides free legal assistance to elders (age 60 and above) who have been financially abused or exploited and who are of low- to moderate-income and live in Alameda, Contra Costa, and Solano counties. The Clinic also offers public presentations that can help you or your loved ones recognize and prevent potential elder financial abuses.”

Phone: (925) 969-3341
Link: John F. Kennedy University Elder Law Clinic
Updated: 1 Sep 2009

 

September 16, 2009

Teaching Lawyers

Posted by CRM,LLP under crm People, crm SGR
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Congratulations to Srinoi G. Rousseau, who was choosen as an update author for the Continuing Education of the Bar’s (CEB) Conservatorship Practice. The book is an authoritative publication that guides attorneys in their practice of the law. Srinoi revised Chapter 9, Bonds which examines and illuminates the practice of bonding, a sort of insurance policy for people who are handling others’ assets.

Srinoi will also be a panelist in October 2009 at the CEB’s Fundamentals of Elder Law Practice, a Continuing Legal Education (CLE) program for attorneys.

The panelists, well-known Elder Law specialists, will discuss:

  • Scenarios that give rise to conflicts and ethical pitfalls
  • What strategies are available to help your clients plan for long-term care—without undoing all their estate planning goals
  • How to develop and economically manage an Elder Law practice

The CEB was founded by the University of California and the State Bar of California, CEB inaugurated CLE in California in 1947 to foster the professional development of California lawyers.

 

September 14, 2009

Lifetime Achievement Award to Priscilla Camp

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riday, October 23 Priscilla Camp will be honored by Legal Assistance for Seniors (LAS) at their 2009 Annual Fundraising event. The Lifetime Achievement Award will be presented by the Honorable Carol A. Corrigan, Associate Justice of the California Supreme Court, at a luncheon where Belva Davis, Host of KQED’s This Week in Northern California, will serve as Mistress of Ceremonies.

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September 10, 2009

Special Needs Trusts Fundamentals

Posted by Katherine A. Montgomery under crm Special Needs Trust
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  Special Needs Trust, sometimes called a supplemental needs trust, is a trust that is created and designed to hold property of beneficiaries who are disabled or mentally ill so they can enjoy the use of the property and still qualify for needs-based public benefits. Supplemental Security Income (SSI) and Medicaid (which in California is called “Medi-Cal”) are the more common needs-based public benefits which Special Needs Trusts are created to protect.

A key to maintaining eligibility for needs-based public benefits is that the beneficiary cannot have control over the assets in the Special Needs Trust (SNT). The beneficiary cannot manage the assets, has no right to demand receipt of income or property from the SNT, and has no power to name the manager of the trust (known as the trustee) or to change the terms. The use of the SNT’s assets for the benefit of the beneficiary is determined at the discretion of the trustee of the SNT. The trustee can be a family member, friend, or private professional trustee.

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