California Estate Planning Blog by Kevin Staker

July 25, 2017

Medi-Cal and Long Term Care

Filed under: Kevin Staker,Medi-Cal Planning — Kevin Staker @ 10:38 am
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StakerLaw Tax and Estate Planning pic

StakerLaw Tax and Estate Planning

As the principal attorney and president of the StakerLaw Tax and Estate Planning Law Corporation, Kevin Staker helps clients allocate their assets to protect themselves and their families. Kevin Staker offers advice not only on estate planning but also on the funding of long-term care through Medi-Cal.

Unlike Medicare, which pays for only 100 days of skilled nursing for patients coming from acute care, Medi-Cal can fund care in the long term for eligible individuals. Medi-Cal is available to any California resident whose income does not exceed 138 percent of the federal poverty level and who has limited nonexempt assets. These assets must be below $2,000 for individuals or below $3,000 for couples.

Medi-Cal coverage may also be available for those whose income is above the specified maximum if the person in question has high health care costs. These individuals may be able to participate in Share of Cost Medi-Cal, which requires recipients to allocate a percentage of their monthly income to medical expenses. For long-term care residents, the recipients must pay their full monthly income minus a personal needs allowance.

Similar coverage may also be available to some people through the Assisted Living Waiver, which requires that individuals require a level of care that would necessitate nursing home care without the waiver. Recipients must live in a state-approved facility.

If persons would prefer to live at home and can safely do so, they may receive coverage of medically necessary services from Medi-Cal. Any nonmedical support may be covered through the In-Home Supportive Services (IHSS) program, which is available to people who meet Medi-Cal income eligibility guidelines.


July 5, 2016

Medi-Cal Recovery Limited by 2016 California Budget Act (by Kevin Staker)

Filed under: Kevin Staker,Medi-Cal Planning — Kevin Staker @ 3:58 pm
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CANHR, California Advocates for Nursing Home Reform, reports that the 2016 California State Budget Act incorporates the limitations on recovery by the California Department of Health Care Services arising out of services from Medi-Cal.  Their post is found at

The changes include:

  • No recovery against the estate of a surviving spouse;
  • Recovery will only be what federal law requires, in other words,  only for nursing home facility and long term care services provided after age 55 or any age if the person was “permanently institutionalized”;
  • No claims for against homes of modest value;
  • The state can recover only against a probate estate, and so living trusts and joint tenancies will escape recovery;
  • The Act limits the interest on Medi-Cal liens;
  • Individuals who may be subject to recovery can request an itemized billing once a year for a $5 fee; and
  • These changes are effective for individuals who die on or after January 1, 2017.

The changes will dramatically decrease the effort needed to escape recovery for Medi-Cal expenses for long term care in a nursing home.

By Kevin Staker

December 3, 2013

The Site on Kevin Staker

Filed under: estate tax,Kevin Staker — Kevin Staker @ 4:39 am
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The site of Kevin Staker is located at   The site needs an updated profile but is fairly highly visible.  Some additional clients could be requested to provide reviews.

Kevin Staker also had added some other websites that will be referenced later.    He is a certified specialist in estate planning, probate and trust law.  He somewhat ironically has particular expertise in estate tax planning for two ends of the financial spectrum.  Kevin Staker on the one hand has given seminars to other attorneys on estate planning for high net worth individuals.  On the other hand, he is expert on planning to get the countable net worth of individuals down so they can qualify to Medi-Cal to pay for long term care or for the Veterans Administration to pay an “improved pension”.

Kevin Staker can be reached at 805-482-2282.

By Kevin Staker

May 26, 2009

Long Term Medi-Cal Planning Seminar

Filed under: Uncategorized — Kevin Staker @ 3:27 am
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Kevin Staker is planning to attend the Annual Elder Law Conference presented  by the California Association for Nursing Home Reform.  It will be held Friday, June 5 & Saturday, June 6 at the Long Beach Hyatt, Long Beach, CA.  This is a great opportunity to learn about many elder law issues, but in particular the latest developments in planning to qualify individuals for long term care paid by Medi-Cal.

To sign up go to

March 2, 2009

Kevin Staker Has Posted the Initial Draft of an Article on the Status of Medi-Cal Planning for Long Term Care at Newsvine.

Filed under: Uncategorized — Kevin Staker @ 1:49 pm
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Kevin Staker Has Posted the Initial Draft of an Article on the Status of Medi-Cal Planning for Long Term Care at Newsvine.

The Article by Kevin Staker is entitled:

Update on Medi-Cal Planning for Long Term Care in California: the DRA is Implemented into Law

The link the article by “Kevin Staker” is:

The article analyzes the implementation of the federal Deficit Reduction Act of 2005 as it relates to long term care planning under Medi-Cal.  California Senate Bill 483 was signed into law in September 2008.  However, it is not truly effective until regulations are finalized, which will not take place before 2010.  The article analyzes the effect of Senate Bill 483 on the $750,000 limit on home equity, the ban on stacked (also called staggered) gifting, and rounding down on a period of ineligibility.

Kevin Staker also talks about how the liberal provisions for hardship waivers will likely undercut the idea of Senate Bill 483 of cutting down on asset protection in relation to Medi-Cal.  Kevin Staker also questions the conventional wisdom that Senate Bill 483 will prevent Medi-Cal from making the gift of the home a disqualifying transfer, at least for an institutionalized individual.

by “Kevin Staker”