SHOULD I ASK A CALIFORNIA ELDER LAW ATTORNEY?

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What Questions Should I Ask a California Elder Law Attorney? www.norcalplanners.com

1 WHAT QUESTIONS

SHOULD I ASK A

CALIFORNIA ELDER LAW

ATTORNEY?

“As you are going through life, your elder years can seem

very distant. However, if you ask anyone who has gotten

older, they will tell you that time flies, and you can come to a

rather rude awakening at some point.”

TIMOTHY P. MURPHY

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As you are going through life, your elder years can seem very distant. However, if you ask anyone who has gotten older, they will tell you that time flies, and you can come to a rather rude awakening at some point.

Every responsible adult should take this reality seriously. If you create a long-term plan for aging, you can prepare yourself for the eventualities that you may face as a senior citizen.

You may recognize the wisdom in this, but you may not know where to begin. This is understandable, and if you feel this way, you may want to discuss the future with an elder law attorney.

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Elder law attorneys are legal professionals who focus their practice on assisting senior citizens with the legal problems they face. When you consult with an elder law attorney, you can create an intelligent and informed plan that leads to a comfortable and secure future.

In this paper we will look at some questions that you may want to ask an elder law attorney, and we will provide some very basic answers.

I

S THERE ANY PARTICULAR ELDER LAW ISSUE THAT

I

SHOULD BE CONCERNED ABOUT

?

There are a number of legal issues that concern the elderly, but long-term care expenses is at the top of the list. If you work throughout your life you will qualify

for Medicare when you reach the age of 65 under currently

existing laws. This is a government health insurance program for senior citizens.

This program does not pay for custodial long-term care. Since this care is very expensive, the gap in coverage is considerable.

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4 H

OW EXPENSIVE IS LONG

-

TERM CARE

?

We practice law in the Sacramento are. According to Genworth Financial, in

2015, the median annual cost for a private room in a nursing home in our area is about $150,000. The median cost for a semi private room is just around

$100,000.

H

OW LONG IS THE AVERAGE LENGTH OF STAY

?

A government survey was conducted a while back, and it found that the average length of stay was two years and three months. Of course, some people stay longer. In fact, 10 percent of nursing home residents remain in the facilities for at least five years.

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5 D

O MOST PEOPLE REQUIRE LONG

-

TERM CARE AS SENIORS

?

The answer to this question is yes. According to the government website LongTermCare.gov, seventy percent of individuals who are turning 65 will eventually need living assistance.

D

OES THIS MEAN THAT

I

MAY SPEND EVERYTHING

I

SAVED ON NURSING HOME CARE

?

If you were to pay out-of-pocket, the answer may be yes depending on your resources. However, there is a solution that many people embrace.

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Medi-Cal is a government program that does pay for long-term care. However, it is a need-based program. It is only available to financially needy individuals. The parameters include a $2000 limit on countable assets for individuals.

Elder law attorneys help people who want to qualify for Medi-Cal without losing a lot in the process. If you take the right steps in advance, your spouse can be provided for if he or she is still capable of independent living. Plus, you may be able to distribute assets to family members along the way.

This takes careful and informed planning, because you have to complete your gift giving at least 30 months before you apply for Medi-Cal if you want to obtain timely coverage.

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7 S

UMMARY

We have looked at a few questions that revolve around long-term care costs in this paper. As you can see, these expenses loom large for seniors.

Elder law attorneys provide solutions, and resources can be preserved if a well-constructed plan is

executed in the optimal manner. The ideal course of action will vary

depending on the

circumstances, and this is why personalized attention is key.

We have focused on long-term care here because it is such an important issue, there are other elder law matters to address.

If you would like to discuss your concerns with a licensed professional, make an appointment with an experienced and qualified elder law attorney. You can reach out to an attorney near you if you are ready to take action.

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EFERENCES

United States Department of Health and Human Services

www.longtermcare.gov

Genworth Financial

https://www.genworth.com/corporate/about-genworth/industry-expertise/cost-of-care.html

Social Security Administration

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9 About the Author

Timothy P. Murphy

Timothy P. Murphy is an estate planning and elder law attorney whose practice emphasizes helping people to build, preserve and pass on their wealth. He works with his clients to

accomplish their goals while avoiding unnecessary court proceedings and minimizing or eliminating exposure to death taxes. Mr. Murphy also assists families facing the myriad of problems associated with dealing with a loved one’s declining health and rising needs for care. He has practiced law in the Sacramento area for over 32 years, first with a large firm, and then with his own firm since 1987. Tim has written a regular column on legal issues for Senior Magazine. He also was a regular featured guest on the Money Experts radio program heard locally on KFBK (AM 1530). Tim has been featured in the Sacramento Bee, Sacramento Business Journal, Sacramento Magazine, Comstock’s Magazine and other

publications on estate planning and related topics. He also assisted local Channel 3 (KCRA) in an investigative report on the trust mill problem in the Sacramento area and was featured on Channel 10 (KXTV) in its series on personal financial planning.

Northern California Center for Estate Planning and Elder Law www.norcalplanners.com

SACRAMENTO

2277 Fair Oaks Boulevard Suite 320 Sacramento, CA 95825-5599 Phone: (916) 437-3500 ROSEVILLE 3017 Douglas Blvd. Ste. 300 Roseville, CA 95661 Phone: (916) 437-3500