Rancho Cordova, CA asked in Family Law, Health Care Law and Elder Law for California

Q: My sister has Alzheimer’s and has been in a Memory Care facility for six years I have Conservatorship.

Her on going income will no longer cover the cost. Can the facility require us to move her to someplace else after this long.

1 Lawyer Answer

A: She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be problems.

The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and receive benefits without losing your house.

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