Developing a Long-Term Protection Plan

The Osofsky law firm offers estate planning with a long-term care twist. Spouses should create a Long-Term Care Protection Plan for each other, before a lingering illness happens, just in case.

Gene L. Osofsky, of the law firm Osofsky & Osofsky, is frequently consulted about asset preservation techniques in connection with Long-Term Care Planning. Senior couples often ask how they might protect each other if one of them were to be afflicted with an incapacitating illness or lingering condition during their final years. The questions are often not about sudden death, or even about dying, but about surviving and needing extended long-term care.

Long-term care often entails devastating financial costs associated with placement in a nursing home facility. Asserts Osofsky, who specializes in such elder care issues while serving California’s East Bay area, “This is a real concern, as nursing home expenses average $7,500 per month in our community, and are likely to only increase over time. This concern is all the more real for those who have experienced the financial and emotional devastation that such expense can cause, perhaps by having to help a parent or other loved one meet those costs.”

The good news is that Osofsky & Osofsky has developed a very special plan that deftly addresses those concerns, as well as the more traditional question of “Who gets our stuff if we should both pass on?” The plan is called the “Spousal Protection Plan,” or SPP.

Osofsky’s SPP incorporates special powers into the traditional estate plan. One of the spouses is designated the “Well Spouse” and is authorized to seek a government subsidy for the ill spouse’s nursing care under the Medi-Cal program, and to take steps during their lifetime to protect the couple’s estate from “payback” after the demise of both spouses. By taking these steps, the SPP is designed to minimize or avoid the financial devastation to the couple’s savings, investments, home, or other estate assets, and thus avoid impoverishing the “Well Spouse” while protecting their children’s inheritance

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit