Public Benefits Planning

Long-Term Care Planning

The phrase “long-term care” refers to the assistance people with chronic illnesses, disabilities, or other conditions may require on a daily basis over an extended period of time. The type of assistance needed can range from help with routine daily activities, such as bathing, dressing, and eating, to skilled care that is provided by nurses, therapists, or other healthcare professionals. Traditional employer-based health insurance coverage generally does not pay for extended daily care services.

Government programs such as Medicaid (Medi-Cal in California) can provide invaluable resources when needed to help cover the cost of nursing home care or certain types of in-home care. However, Medi-Cal imposes very strict eligibility requirements regarding the type and value of an individual’s assets.

We assist clients in navigating the rules and regulations governing Medi-Cal eligibility and help them qualify for Medi-Cal benefits through the use of trusts, gifting strategies, asset conversions, and other planning techniques.

Special Needs Trusts

An estimated 44 million Americans have one or more physical or mental disabilities that satisfy the eligibility criteria for public benefits under various federal and state programs, such as Supplemental Security Income (SSI) or Medicaid (Medi-Cal in California).

Special Needs Trusts are designed to help individuals with disabilities qualify for and maintain eligibility for these important benefits.

Because these public benefits programs are means-tested, individuals with disabilities who would otherwise qualify may lose their eligibility if their income or assets exceed certain limits. Special Needs Trusts allow individuals with disabilities to receive inheritances, equitable distributions, alimony, child support, and personal injury settlements while preserving their eligibility for public benefits.

Each public benefits program has its own specific rules and eligibility requirements; therefore, it is important to tailor a Special Needs Trust to the unique circumstances of each individual. Furthermore, even the most carefully drafted trust can be undermined by improper administration.

We would be pleased to help determine the most appropriate type of Special Needs Trust for you or your loved one, and to provide guidance regarding the rules and administration associated with Special Needs Trusts.

Contact us to discuss your situation