Roseville, CA asked in Estate Planning, Family Law and Elder Law for California

Q: My 80 yo aunt was declared incapacitated by 2 doctors. What is the next step? Is there a time constraint to act?

We have a living trust of which I am the sole beneficiary. She has Medi-Cal and is staying in a care center. Her share of cost and rent on her mobile home space is barely covered by her pension. I may need to sell the home but want to avoid Medi-Cal recovery. She objects to selling anything, she believes she will be able to move back home someday. She cannot. She has very little income and there is no way to provide the 24 hour care she needs. Should I do nothing and wait until she passes, or are there time constraints on my duties as her fiduciary?

1 Lawyer Answer
Thomas E. Rossmeissl
Thomas E. Rossmeissl
  • Estate Planning Lawyer
  • Los Gatos, CA
  • Licensed in California

A: You should consult with an experienced elder law attorney, one who has expertise in Medi-Cal planning and Medi-Cal recovery. The rules are complex, and you could easily take a well-intentioned step that could disqualify your aunt from benefits.

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