Elder Law Attorney in Elk Grove

Dedicated Elder Law Counsel for You and Your Family

As many Californians grow older, they begin to wonder how they can protect themselves and their hard-earned assets. Failing to create a thorough estate plan that addresses incapacity and asset protection can lead to unnecessary legal complications for you and your family.

Contact our Elk Grove, CA law office today to schedule a free initial consultation to learn more about how we can assist you.

How Can an Elder Law Attorney Support Your Legal Needs?

An elder law attorney assists clients with a variety of legal needs, including:

• Comprehensive estate planning, such as drafting wills, creating revocable trusts, powers of attorney, and other legal documents that clearly express your wishes.
• Properly funding your trust to allow your beneficiaries to avoid complex and time-consuming probate.
• Assisting with long-term care planning, with a special emphasis on asset protection strategies and how to qualify for Medi-Cal.

If your family member does not have legal safeguards in place and suddenly becomes incapacitated, someone will need to step in to manage their affairs. In most instances, this means going to court and requesting conservatorship. An elder law attorney can assist you with the legal intricacies of obtaining conservatorship while still protecting your loved one’s legal rights.

How Can a MAPT Protect My Assets if I Have to Go to a Nursing Home?

One of the primary concerns our clients have is how to protect their assets if they have to go to a nursing home.

An experienced elder law attorney can help preserve your assets through careful, proactive Medi-Cal planning. A skilled attorney can assist you in restructuring your assets to help you meet Medi-Cal’s strict eligibility requirements.

One of the most utilized estate planning tools is establishing a Medi-Cal Asset Protection Trust (MAPT). A MAPT is a type of irrevocable trust that can be used to protect your greatest assets, which usually include your home and other financial resources. Assets placed in an irrevocable trust are no longer considered under your control and are therefore exempt from the state’s Medi-Cal estate recovery program.

While a MAPT is a common strategy, Californians utilizing Medi-Cal must be aware of its strict 30-month lookback period. To effectively avoid penalties, it is highly advisable to consult with a qualified attorney.

Why Do My Spouse and I Each Need a Power of Attorney for Each Other as We Grow Older?

A common misconception is that being married automatically grants a spouse the legal right to act for the other if they become incapacitated. While marriage offers certain legal protections, these safeguards are not comprehensive and do not cover every scenario. For instance, they may not apply to certain end-of-life medical decisions or the management of accounts that are solely owned.

Under California law, if a spouse becomes incapacitated, you could be forced to petition the court for conservatorship. This can be expensive, time-consuming, and require compliance with court oversight.

The most practical solution is to seek legal help from an elder law attorney who can draw up a power of attorney document that grants each of you authority to act for one another should the need arise.

Contact Cava & Faulkner, Attorneys at Law, to Secure Your Future

Cava & Faulkner, Attorneys at Law, is a Sacramento area law firm dedicated to helping clients prepare for the future. Our attorneys can create a custom-tailored plan that aligns with your goals and gives you peace of mind, knowing you are protected against life’s uncertainties.

Contact our Elk Grove, California law office today at (916) 831-7565 to schedule a free consultation.