Estate planning typically requires advanced preparation and thinking about what you might need and what people you might need to help you make decisions in the future. However, there are some circumstances where a crisis emerges and family members spring into action in an attempt to help a loved one or address an urgent issue.
If you have a family member who has recently become ill or is suffering from a serious injury that requires nursing home care, there’s a chance that no advanced planning has been done to make it possible to qualify for Medi-Cal immediately. In this situation, a lawyer might be able to help with crisis planning.
This is known as crisis planning, and it almost always requires the immediate necessity of care as well as the concern for protecting assets. This often comes about as a result of one member of a family suddenly needing nursing home assistance and family questions around qualifying for Medi-Cal.
Crisis planning for a married couple has three different stages. The first is to ensure that the partner in crisis has the necessary documents already in place to enable another person to act on their behalf. This includes a health care power of attorney and a financial power of attorney. The second step is to identify a clear breakdown of the financial position for the couple and the estimated costs of care. If the couple already has paperwork organized for each asset and income, this process is much easier.
The third step is to verify whether or not the applicant is eligible for certain programs, which depends on the kind of care that is needed. Medi-Cal eligibility is one of the top priorities, and it is crucial to identify the best way to protect assets for the spouse. There are several different ways to spend down access funds in order to meet eligibility requirements, but it is important to work with qualified financial professionals and an estate planning attorney to verify the action steps. Set aside time to work with an experienced and qualified lawyer in Pasadena.
