Is your Power of Attorney more than 10 years old?

Is your power of attorney for financial affairs over 10 years old? If it is, you may want to have it checked by an Elder Law attorney in your state. If one or both spouses are heading towards long term skilled nursing, having the proper power of attorney may enable them to move assets around to qualify for Medi-Cal (Medicaid outside of California). Once a person is deemed to be incapacitated it is too late to get this document updated.

I’ve helped lots of families qualify one or more aging parents for Medi-Cal to cover the cost of their long term skilled nursing care, but the power of attorney must contain very specific language to work. The power of attorney will likely be reviewed during the Medi-Cal application process, and if the powers are not there, then asset transfers in anticipation of qualifying for Medi-Cal may be disqualified.