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Medi-Cal Planning Lawyer | Los Angeles & Santa Barbara

Nursing Home Asset Protection & Benefit Qualification in Southern California

Don't lose your life savings to nursing home costs. We help you navigate Medi-Cal eligibility requirements, protect your home and assets, and ensure you receive the care you need without impoverishing your family.

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Speak with a Medi-Cal Planning Attorney:

(818) 291-6217

Why Choose Law Offices of Rozsa Gyene for Medi-Cal Planning?

5000+ Families Served Since 2001
California State Bar #208356 Licensed & Verified
A+ Rated Better Business Bureau
25+ Years Experience Estate Planning Experts
100% Confidential Attorney-Client Privilege

Medi-Cal Planning in Los Angeles & Santa Barbara

Medi-Cal planning is a strategic approach to protecting your assets while qualifying for Medi-Cal benefits to cover long-term care costs. In California, nursing home care can cost $10,000-$15,000 per month or more. Without proper planning, these costs can rapidly deplete a lifetime of savings.

Medi-Cal is California's Medicaid program that pays for long-term care for those who qualify. However, strict asset and income limits apply. To be eligible, you generally cannot have more than $2,000 in countable assets as an individual (or $3,000 as a couple), excluding your home, car, and certain other exempt assets.

Our Medi-Cal planning services help you legally restructure your assets to meet eligibility requirements without sacrificing your family's financial security. We navigate the complex rules around asset transfers, the 30-month look-back period, spousal protections, and estate recovery to create a comprehensive plan tailored to your situation.

Whether you're planning ahead or need immediate assistance, we help protect your home, preserve assets for your spouse and heirs, and ensure you receive quality care without the financial devastation that often accompanies long-term care needs.

2025 California Medi-Cal Rules: What's Changed

California has dramatically expanded Medi-Cal eligibility. However, the focus has shifted from qualifying to protecting assets from Estate Recovery.

$130,000
2025 Asset Limit (Individual)
$195,000
2025 Asset Limit (Couple)
30 Months
Look-Back Period
$12,000+
Monthly Nursing Home Cost

Key Change: With the elimination of the asset test for many Medi-Cal programs, the state is now aggressively pursuing Estate Recovery—recouping costs from your estate after death. Planning now focuses on protecting your home and assets from post-death liens.

Warning: Medi-Cal Estate Recovery: The Hidden Risk

California's Department of Health Care Services (DHCS) can place a lien on your home and recover ALL Medi-Cal benefits paid on your behalf after you pass away. This can devastate your family's inheritance.

Example: $500,000 Recovery Claim

  • Mom receives 4 years of nursing home care through Medi-Cal
  • Average monthly cost: $12,000
  • Total benefits paid: $576,000
  • Mom's home value: $800,000
  • DHCS files lien for $576,000 after Mom passes
  • Children must sell home or pay off lien before inheriting

With proper planning, we can structure your assets to minimize or eliminate Estate Recovery claims. Whether your home is in Montecito or the San Fernando Valley, we ensure your property is protected from state liens.

The Long-Term Care Cost Crisis in California

The cost of nursing home care in Los Angeles and Santa Barbara Counties is staggering:

Care LevelMonthly CostAnnual Cost5-Year Cost
Skilled Nursing Facility (Private Room)$12,000 - $15,000$144,000 - $180,000$720,000+
Skilled Nursing (Semi-Private)$10,000 - $12,000$120,000 - $144,000$600,000+
Assisted Living$5,500 - $8,000$66,000 - $96,000$330,000+
In-Home Care (Full-Time)$8,000 - $12,000$96,000 - $144,000$480,000+

The Math is Brutal: Without Medi-Cal, a typical senior could exhaust a $500,000 life savings in just 3-4 years of nursing home care. Medi-Cal planning preserves your assets for your spouse and heirs.

The 30-Month Look-Back Period

California's Medi-Cal program reviews all asset transfers made within 30 months before applying for benefits. Transfers during this period can result in a penalty period—months during which you're ineligible for benefits.

Triggers Penalty

  • Gifting money to children within 30 months
  • Transferring home to family members
  • Paying off children's debts
  • Selling assets below fair market value
  • Adding children to deed without consideration

Exempt Transfers

  • Transfers to spouse (any amount)
  • Transfers to disabled child
  • Home transfer to caretaker child (lived in home 2+ years)
  • Home transfer to sibling with equity interest
  • Transfers made more than 30 months ago

Critical Timing: The best time for Medi-Cal planning is at least 30 months BEFORE you need care. However, even crisis planning (when care is imminent) can save significant assets. Contact us immediately if a loved one is facing nursing home placement.

Protecting Your Home from Medi-Cal Estate Recovery

Your home is often your largest asset. Here are the legal strategies we use to protect it:

Irrevocable Trust

Transfer home to an irrevocable trust more than 30 months before needing care. The home is protected from Estate Recovery because it's no longer in your estate.

Caretaker Child Exception

If a child lived in your home and provided care for 2+ years that delayed nursing home placement, the home can transfer to them without penalty.

Spousal Protection

When one spouse needs care, the home is protected while the "community spouse" lives there. We structure assets to maximize spousal allowances.

Life Estate Deed

Transfer the "remainder interest" while retaining a life estate. Complex timing rules apply—this must be done well in advance.

Medi-Cal planning is most effective when paired with a comprehensive trust. If you are already serving as a fiduciary for a senior, visit our Trust Administration Hub to see how benefit eligibility affects trust distributions.

If your loved one receiving Medi-Cal also has a disabled family member who may inherit, we must coordinate with a Special Needs Trust to ensure the inheritance doesn't disqualify them from their own government benefits.

Medi-Cal Planning vs. General Asset Protection

FeatureMedi-Cal Planning (This Page)Asset Protection
Primary GoalQualify for nursing home benefitsShield assets from lawsuits
ThreatDHCS Estate Recovery liensCreditors, lawsuits, judgments
Timing Rules30-month look-back periodBefore any claim arises (UVTA)
Target ClientSeniors 65+, families with aging parentsBusiness owners, landlords, high-risk professions
Key StructuresIrrevocable trusts, spousal transfers, caretaker exceptionsLLCs, charging orders, equity stripping

Note: Some clients need BOTH types of planning—Medi-Cal planning for long-term care AND asset protection for lawsuit defense. We coordinate both strategies when appropriate.

Warning: Crisis Medi-Cal Planning: When Care is Imminent

Even if your loved one is already in a nursing home or about to be admitted, there are still strategies available:

If a loved one has already lost capacity and did not have a Medi-Cal plan in place, you may need to visit our Conservatorship page to understand how the court handles care decisions at Stanley Mosk (LA) or Anacapa Division (Santa Barbara).

Don't wait: Every day in a nursing home without Medi-Cal costs $400+. Call us immediately at (818) 291-6217 for a crisis consultation.

How Medi-Cal Planning Protects Your Family

Protect Your Home

Keep your family home safe from Medi-Cal recovery through strategic planning with irrevocable trusts, life estates, or proper transfers to family members.

Preserve Assets

Legally shelter your savings, investments, and property from spend-down requirements while maintaining Medi-Cal eligibility for long-term care coverage.

Spousal Protection

Ensure your healthy spouse maintains financial independence with proper income and asset allocation strategies under spousal impoverishment rules.

Navigate Look-Back Rules

Understand and comply with California's 30-month look-back period to avoid penalties and delays in benefit eligibility.

Avoid Estate Recovery

Implement strategies to protect your estate from Medi-Cal recovery claims after death, preserving your legacy for heirs.

Quality Care Access

Secure coverage for nursing home, assisted living, or in-home care without depleting family resources or sacrificing care quality.

Our Medi-Cal Planning Process

1

Asset Assessment

Review your complete financial picture and care needs timeline

2

Strategy Development

Create customized plan to protect assets and maximize eligibility

3

Document Preparation

Draft trusts, transfers, and legal documents to implement your plan

4

Application Support

Guide you through Medi-Cal application and approval process

Frequently Asked Questions

What is the Medi-Cal 30-month look-back period?
The look-back period is the 30 months before applying for Medi-Cal long-term care benefits. Any asset transfers during this period may result in a penalty period of Medi-Cal ineligibility. Proper planning before this window is crucial to protect your assets without penalties.
What assets are exempt from Medi-Cal eligibility?
Exempt assets typically include your primary residence (up to $688,000 in equity for 2024), one vehicle, personal belongings, household goods, burial plots, prepaid funeral arrangements, and certain life insurance policies. These don't count toward Medi-Cal's $2,000 asset limit.
How can I protect my home from Medi-Cal recovery?
Strategies include transferring the home to a spouse, establishing an irrevocable Medi-Cal asset protection trust, transferring to a disabled or minor child, creating a life estate, or ensuring a caregiver child exemption applies. Each option has specific requirements and timing considerations we help you navigate.
When should I start Medi-Cal planning?
The earlier, the better. Ideally, start planning at least 30 months before you anticipate needing long-term care to avoid look-back penalties. However, even if you need care soon or are already receiving care, there are still strategies available. We can help regardless of your timeline.
Will my spouse lose everything to pay for my nursing home care?
No. Medi-Cal has spousal impoverishment protections that allow your spouse to keep a significant amount of assets (Community Spouse Resource Allowance) and monthly income (Minimum Monthly Maintenance Needs Allowance). We ensure your healthy spouse maintains financial security while you receive the care you need.

Medi-Cal Planning Service Areas

We provide Medi-Cal planning for seniors and families throughout Southern California:

Los Angeles County:
Glendale, Burbank, Pasadena, Los Angeles, Santa Monica, Tarzana, Woodland Hills, Encino, Sherman Oaks, Arcadia, Alhambra, Monterey Park, West Covina

Santa Barbara County:
Santa Barbara, Montecito, Goleta, Carpinteria, Santa Ynez Valley

Medi-Cal Application Offices:
We assist with applications to DPSS (LA County) and DSS (Santa Barbara County) and can represent you in fair hearings if benefits are denied.

Related Services: Living Trusts | Special Needs Trusts | Conservatorship | Trust Administration

Protect Your Assets Today

Don't wait until it's too late. Start planning now to protect your family's financial future.

Schedule Free Consultation

Speak with a Medi-Cal Planning Attorney:

(818) 291-6217