At Sheinberg Law Group we have a great deal of experience assisting families in need of elder law and planning for individuals with disabilities. This is an area of law that we feel deeply passionate about. It is an honor for Jason Sheinberg to serve on the board of directors for the Mountain Shadows Foundation, which supports Mountain Shadows Group homes. Mountain Shadows houses developmentally disabled adults and abused children. Serving as a conservatorship attorney has allowed us to go into the home of a family with an elderly parent or grandparent. It has allowed us to spend time at homes with developmentally disabled young adults. We understand the needs of families when it comes to assisting the elderly members of our family or those with disabilities. We want to help you with this sensitive area of law and we feel that our compassion and understanding is what sets us apart.
Conservatorships and Guardianships
A conservatorship is a legal relationship between a person without capacity to make or understand decisions which is created by the appointment of a conservator. A conservator is a person appointed by a court to manage the personal wellbeing, medical affairs, daily affairs, and financial affairs of another person. This person is often disabled due to being suffering from dementia or Alzheimer’s, or they may be developmentally disabled and now turning 18. In either case they may very well need the assistance of another individual who can properly care for them. Unfortunately we see too many cases of elder abuse that calls for action by a loved one or some other entity. We can assist with the entire process from start to finish no matter what your level of need. A Guardianship is for a minor child who needs assistance with their person or estate often due to the passing of a parent or loved one.
Special Needs Planning
Proper planning done by parents or guardians can make a huge difference in the life of someone with a disability. By doing the proper special needs planning you can allow your disabled loved one to have their inheritance set aside for their future needs all the while preserving their right to needs based public benefits such as Medi-Cal and Supplemental Security Income (“SSI”). It is often as simple as adding the right provisions to your family trust. In a worse case scenario, a trip to court is required to reform a trust that is not properly crafted. Either way we can help preserve both the public benefits and the inheritance of your loved one.
Medi-Cal is the California specific name of the United States Medicaid program. Not to be confused with Medicare, it provides virtually free health care, including long term care, to those who qualify based on need. Medi-Cal planning is the area of law that is so often over looked yet it can have the most profound impact on your estate. The average private pay rate in the State of California for long term care is nearly $7,700 per month. Did you know that you can avoid that cost and still pass your wealth to your family members? As our population ages the cost of long term care becomes an issue to those young and old. Whether you are planning for yourself or for an aging family member, Medi-Cal planning is extremely crucial. People often think that Medi-Cal is for people with low income and/or no assets. That is simply not trust. We have helped many families preserve hundreds of thousands of dollars while remaining eligble for state paid long term care. The laws are often in your favor and you do not know about it. The problem with Medi-Cal is that it touches on every level of law. It is regulated on the national, state, and county level and frankly it can be very difficult for anyone to understand all of the moving pieces. Our one piece of advice for anyone is to consult with an attorney before preparing a Medi-Cal application. With the proper planning you can preserve everything and retain eligibility for Medi-Cal.