Elder Law & Medi-Cal Planning
Here is the problem:
Poor people get Medi-Cal without questions. Rich people don't need it, they self-insure. But the vast majority in the middle are caught. We don't have enough money to self-insure, and we have too much money to get help. That's where Medi-Cal planning lives, in the middle. I help you keep your money and get help with health care related expenses, often caused by unbearable long term care costs.
Protect your assets while qualifying for long-term care benefits.
Long-term care in California can cost $8,000-12,000 per month. Without proper planning, your life savings can vanish in months. Elder law planning helps you qualify for Medi-Cal benefits while protecting assets for your spouse and heirs.
What is Medi-Cal?
Medi-Cal is California's Medicaid program, providing health coverage including long-term care (nursing homes, some assisted living, in-home care). Unlike Medicare, Medi-Cal covers extended nursing home stays—but only after you "spend down" most of your assets to qualify.
Elder Law Services
- Medi-Cal Planning: Strategies to qualify for benefits while preserving assets
- Asset Protection Trusts: Shield your home and savings from nursing home costs
- Spousal Protections: Ensure your spouse has enough to live on
- Special Needs Trusts: Protect inheritance for disabled beneficiaries under 65 years old, without losing SSI/Medi-Cal
When Should You Start Planning?
The best time is before you need care. Medi-Cal has a 30-month "look-back period"—any asset transfers in the 30 months before applying can delay eligibility. Strategic planning 3-5 years ahead gives you maximum protection.
Even if care is imminent, we can often help. California has exemptions for homes, personal property, and spousal protections that Medi-Cal doesn't tell you about or provide any information.
How Medi-Cal Planning Works
Step 1: Asset Assessment
We inventory your assets, income, and potential Medi-Cal eligibility. We identify what's protected (home, car, personal items) and what must be "spent down."
Step 2: Protection Strategy
We use legal tools to protect assets: spousal transfers, exempt assets, irrevocable trusts, or strategic gifting (if time allows).
Step 3: Medi-Cal Application
Once you meet eligibility requirements, we help with the application process, documentation, and any appeals if needed.
⚠️ Don't Wait Until It's Too Late
Many families wait until a crisis (stroke, fall, Alzheimer's diagnosis) to plan. By then, your options are limited. The 30-month look-back means last-minute transfers can disqualify you from Medi-Cal for years. Plan ahead to protect your family.
There are ways around the look-back period. We can talk about those strategies when we meet.
Common Questions
Will Medi-Cal take my house?
Let me be very clear. Medi-Cal will only seek reimbursement from your PROBATE estate. If probate is not required, Medi-Cal will not take your house. And never while you or your spouse lives there. California protects your primary residence during your lifetime. After death, Medi-Cal may file a claim against your estate—but proper planning can protect the home for your heirs.
Can I give my assets to my children to qualify?
Be careful! Gifting can have major tax consequences. Gifting can completely screw up your estate plan. Gifting can, and often does, disinherit your spouse or some of your children. Do NOT just start transferring assets on your own.
What if my spouse still needs income?
California has "spousal impoverishment" protections. Your spouse can keep the home, one car, and a minimum monthly income ($3,853 in 2026). This is the basic plan. There are strategies to protect all the income, even above the $3,800 limit. We want to ensure your spouse is protected while you qualify for Medi-Cal.
Is elder law planning expensive?
The real question is, is not planning expensive. I have personally seen families go broke, spend every last nickel, taking care of a loved one. Compared to $8,000-12,000/month long term care costs, planning fees are minimal. Most families save tens of thousands—often hundreds of thousands—in protected assets. We are always looking at multiple factors, including potential income or capital gain tax issues, stepped up basis problems, preserving the integrity of your estate plan for your spouse and your children.
Is Medi-Cal Planning Ethical?
I am often asked if it's ethical to help people get free healthcare. But isn't that what every CPA and tax planner does. A rich person sits down with the CPA and says "find me every deduction and credit legally available to me, and tell me what I should buy so I can pay even less to the government." All legal and ethical. That is effectively Medi-Cal planning. We know the rules and we can help shift some or all of the liability from you and your family to the government, just like the CPA does with income taxes. Because I believe you know how to spend your money better than the government. I would rather you and your family have the money, and not the government.