In Mercury News Article, Michael Gilfix Offers Perspective on Protecting Estates from Medi-Cal Asset Seizure

Palo Alto, CA (Law Firm Newswire) September 9, 2014 – Estate planning attorney Michael Gilfix addressed growing concerns about Medi-Cal asset recovery in a recent article in the San Jose Mercury News.

Last week, a bill designed to scale down Medi-Cal’s asset recovery programs was passed unanimously by the California State Assembly. Nonetheless, many in the state — including Sacramento insiders — fear that Governor Jerry Brown may veto the bill, according to the Mercury News.

But Gilfix pointed out that there are still practical solutions for those who wish to access Medi-Cal benefits while preserving their estates, even if Governor Brown does choose to veto the bill.

As Gilfix states in the article, many seniors can protect homes and other assets against Medi-Cal reimbursement claims through careful estate planning. Those who intend to enroll in Medi-Cal need to take a proactive approach to estate planning in order to enact this strategy.

The Mercury News reported that Governor Brown’s budget advisers are encouraging a veto in order to avoid potential revenue losses for the state. Sacramento insiders told the Mercury News that an override of any veto by the state legislature is unlikely.

All states are required by federal law to recover the costs from any long-term benefits seniors received from Medicaid (Medi-Cal in California). According to the Mercury News, California recovers other costs besides the required long-term care costs.

Governor Brown must decide to sign or veto the bill by September 30. The State Senate and Assembly are not currently in session, and they would not be able to respond to a veto until they reconvene in January.

Gilfix & La Poll Associates LLP
2300 Geng Rd., Suite 200
Palo Alto, CA 94303
Telephone: (650) 493-8070
http://www.gilfix.com/

Facebook: Like Us!

• Long-Term Care Insurance: Options Abound, As Do Complications
  Long-term care insurance has become a critical topic as health care costs continue to rise.  The U.S. Department of Health and Human Services estimates the average annual cost of U.S. nursing home care to be $74,820. But in California, the Department of Health Care Services estimates that cost to be $91,250.  Recently, public debate about […]
• Gilfix discusses Medi-Cal planning in the San Francisco Chronicle
  In the August 24, 2014 issue of the San Francisco Chronicle, reporter Kathleen Pender wrote about Medi-Cal reimbursement or “estate claims” that are imposed on a person’s estate if they receive Medi-Cal and after they pass. The article makes the point that the state could seek “an unlimited amount” from an individual’s estate when “Medi-Cal […]
• Planning a summer vacation for your special needs child
  When planning a summer vacation for your special needs child, it’s never too early to ask him or her for input. Find out which activities your daughter is currently enjoying the most and what your son’s hopes are for the blissful stretch of time when school is out. As with any family activity, keep your […]
• Navigating intestacy for surviving spouses in California
  When someone dies without a valid will, his or her condition is called “intestacy.” Each state has its own laws for determining how the deceased’s estate is divided in cases of intestacy. When the deceased’s spouse is still living, all community property (meaning property acquired during the marriage) automatically goes to the spouse, while separate […]
• Palo Alto Breaks Ground on Innovative Playground for All Children
  On June 23, construction began on what is being coined the most innovative and inclusive playground in the United States. The playground will be called “Magical Bridge” and will be located on 1.28 acres of land between Adobe Creek and Mitchell Park’s southern-most tennis courts. The park will have 15 zones that will accommodate the […]