Bisbee, AZ asked in Estate Planning and Health Care Law for California

Q: Will California deny a long term care application if asset money was properly gifted?

I am my 95 year old aunt's attorney in fact. She is in an assisted living home in Culver City, CA. I need to apply for long term care for her. She has some cash in the bank, but not enough to pay her assisted living bill which is in arrears. California goes back 30 months and says they will deny applications where money has been moved in order to qualify for long term care. My power of attorney allow me to gift on her behalf, and also includes a gifting agent. If gifted properly in order to get my aunt below the $2,000 qualifying limit, will California go back 30 months and deny my aunt's application for long term care because of these legal gifts that comply with a California Power of Attorney?

Also, the home is threatening my aunt with eviction. Can they do so. She has no place to go, and I am her only living relative and unable to care for her. Can they put her on the streets?

Finally, can the home hold me financially responsible for my aunt's bills? I signed nothing with them.

1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: You CANNOT gift the money away or sell anything below fair market value without causing a penalty period for Medi-Cal to cover her nursing care bill. You can spend it but you cannot give it away.

You are not in any way liable for your aunt's care or her bills.

A nursing home can evict people but they will probably work with you if you are trying to get your Aunt onto Medi-Cal.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.