Medi-Cal Planning (California Medicaid)
Most people don’t realize that Medi-Cal — California’s version of Medicaid — has strict asset and income rules. If you or a loved one needs long-term care in a skilled nursing facility, Medi-Cal can cover much of the cost. But qualifying isn’t automatic, and the rules are complicated.
One of the biggest things people get wrong: they wait too long to plan. California’s Medi-Cal look-back period means that asset transfers made within a certain timeframe can be scrutinized and may delay eligibility. Early planning gives you options. Last-minute planning gives you headaches.
Matthew works with Walnut Creek families to structure assets legally and proactively so you can qualify for Medi-Cal without wiping out your savings.
Special Needs Trusts (SNT)
If someone in your family has a disability — a child with autism, Down syndrome, cerebral palsy, or another condition — a special needs trust can be one of the most important documents you ever create.
Here’s why: government benefits like SSI (Supplemental Security Income) and Medi-Cal have strict income and asset limits. If your child inherits money directly, they could lose those benefits. A properly drafted special needs trust holds funds for your loved one’s benefit without counting against their eligibility.
There are two main types:
- First-party special needs trusts are funded with the beneficiary’s own assets, often from a personal injury settlement or inheritance received directly.
- Third-party special needs trusts are funded by parents, grandparents, or other family members as part of estate planning.
Getting the details right matters a lot here. The wrong trust language can disqualify your loved one from the very benefits you’re trying to protect.
Long-Term Care and Nursing Home Planning
Long-term care planning is about more than picking a facility. It’s about figuring out how to pay for care without devastating your family financially.
Matthew helps Walnut Creek families think through:
- How to cover the cost of in-home care, assisted living, or skilled nursing
- Whether long-term care insurance makes sense
- How to structure assets to preserve wealth while preparing for care needs
- Reviewing nursing home contracts before you sign anything
Families near John Muir Medical Center or Rossmoor often start this conversation after a health event. It’s better to plan before a crisis — but if you’re already in one, there are still options.
Powers of Attorney and Advance Healthcare Directives
A durable power of attorney lets you name someone you trust to handle your finances if you become incapacitated. A healthcare power of attorney does the same for medical decisions. An advance health care directive (AHCD) spells out your wishes about end-of-life care.
Without these documents, your family may have to go to court to get authority to help you — even in an emergency. That’s a conservatorship, and it’s expensive and time-consuming.
Getting these documents in place now is one of the simplest, most important things you can do for your family.
Guardianship and Conservatorship
Sometimes a family member can no longer make safe decisions for themselves, and there’s no existing power of attorney in place. In those cases, the court can appoint a guardian or conservator.
California has two main types of conservatorship:
- Probate conservatorship, which covers general decisions about a person’s finances and personal life
- LPS conservatorship, which is specific to people with serious mental health conditions
This process involves the Contra Costa County Superior Court, and it’s not something you want to navigate without legal guidance. Matthew walks families through what to expect and handles the legal filings on their behalf.
Disability Benefits Planning
Navigating SSI, SSDI, Medi-Cal, and Veterans benefits is genuinely confusing. The rules interact with each other in ways that catch people off guard.
For example, SSDI is based on your work history, while SSI is needs-based. If someone receives both, an inheritance or lump-sum payment can affect eligibility. CalABLE accounts (California’s version of ABLE accounts) can hold funds for a person with a disability without affecting most benefit programs — but there are contribution limits and rules to follow.
For Veterans and their surviving spouses, the VA Aid and Attendance benefit can provide additional monthly income to help cover long-term care costs. Many families don’t know this benefit exists, or they don’t know how to apply. Matthew can help you figure out if you qualify.
Asset Protection for Seniors
Protecting what you’ve built over a lifetime is a real concern. Asset protection planning is legal, ethical, and — when done right — very effective.
This includes strategies like:
- Irrevocable trusts to shield assets from nursing home spend-down
- Medi-Cal asset protection trusts
- Proper asset titling so accounts and property pass correctly
- Caregiver agreements that formalize compensation to family members providing care
These aren’t loopholes. They’re legal tools that Congress and the California legislature built into the system.
Wills, Revocable Living Trusts, and Estate Planning
A solid estate plan is the foundation of everything else. For most Walnut Creek families, a revocable living trust is the right starting point. It avoids probate, keeps your affairs private, and makes it much easier for your family to manage your estate when the time comes.
A complete estate plan typically includes a revocable living trust, a pour-over will, a durable power of attorney, an advance health care directive, and proper beneficiary designations on retirement accounts and life insurance.
For families with a loved one who has special needs, the estate plan needs to coordinate with the special needs trust so nothing accidentally disqualifies them from benefits.
Who Matthew Typically Works With
Families come to Matthew at all different stages:
- Parents of children with disabilities who want to make sure their child is protected after they’re gone
- Adult children helping an aging parent qualify for Medi-Cal or navigate a nursing home placement
- Seniors in Walnut Creek and nearby communities like Danville, Alamo, Orinda, and Lafayette who want to get their affairs in order
- Families in crisis after a stroke, accident, or sudden diagnosis who need help fast
- Veterans and surviving spouses who may qualify for VA benefits they don’t know about
If you’re searching for an elder law attorney near Walnut Creek, or you need special needs planning in the Contra Costa County area, Matthew’s office is a good place to start.
Ready to Talk?
Whether you’re in Walnut Creek, Pleasant Hill, Lafayette, Concord, or anywhere else in Contra Costa County, Matthew W. Harris is here to help you make sense of elder law and special needs planning.
Call today to schedule your free consultation.
Matthew W. Harris, Esq., LLM Elder Law and Special Needs Attorney Walnut Creek, California Serving Contra Costa County and the East Bay Area
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