Do I Need an Elder Law Attorney?

If you are a Baby Boomer or older you may need help from an Elder Law Attorney to protect your assets in case, you will need Nursing Home Long Term Care in the next 5 years and beyond!

Joseph McHugh, LA Law’s Elder Law Attorney and his expert Medi-CAL Team are passionate about helping clients with assets to qualify for Medi-CAL with legal ways to protect savings, extra properties and the family home.

Elder Law an important part of our business, and we are experts in this field and stay on top of the changes to Medi-Cal laws in California!

Joseph McHugh and Kathy McHugh

Only Seek Counsel From an Experienced Elder Law Attorney

Do not believe everything you hear about Medi-CAL, Spend Downs or 5 Year Look Back from Social Workers, Financial Planners, CPAs, or try to file a Medi-CAL application on your own, until you have a consultation to an experienced Elder Law Attorney.

There are more care options that an experienced Elder Law Attorney can suggest for these pressing family issues when they have saved for retirement and have assets.

After consulting with Elder Law Attorney Joseph McHugh and his wife Kathy McHugh, you will be amazed at what strategies are legally available to you for Medi-CAL Qualifications!

 

Qualifying for California Medi-Cal…Asset Limits are Changing January 1, 2026

Life is always a bit crazy in California and their Medi-Cal Benefits Program! Here we go with NEW CHANGES starting 1/1/2026…

Effective January 1, 2026, California’s Governor, Gavin Newsom, and the California Legislature recently announced a Medi-Cal Budget Agreement, which includes a major change for older adults and persons with disabilities who need Medi-Cal benefits, including qualifying for Long Term Care in a Skilled Nursing Home.

LA LAW Center can help you understand and move assets to qualify for Medi-Cal benefits in 2026 and beyond. Call (818) 241-4238.

The asset limits to qualify for Medi-Cal will be reinstated for non-MAGI Medi-Cal programs, back to the below listed 2022 levels:

  1. $130,000 for an individual,
  2. and $65,000 for each additional household member.
  3. Assets exclude your home (residence) as this is exempt from asset count! (rental or extra properties are counted!)
  4. For couples receiving Spousal Impoverishment protections, additional asset limits will apply.

Specific Income Limits for Long-Term Care:

Home and Community-Based Services (HCBS) Waivers (as of April 2025 – March 2026):

  • Single Applicant: $1,732 per month.
  • Married Couple: A combined $2,433 per month.
  • Nursing Home Care has more complicated limits (call us for consultation to explain how a share of cost works for a married couple)

Medi-Cal Monthly Income Limits (as of April 2025 – March 2026):

Adults – (19-64) Below 138% of the FPL:

  • 1-person household: $1,801
  • 2-person household: $2,433
  • 3-person household: $3,065
  • 4-person household: $3,696

Children – Up to 266% of the FPL:

  • 1-person household: $3,472
  • 2-person household: $4,690
  • 3-person household: $5,908

NOTE: Asset Limits for SSI remain the same at:

  • Bank accounts, stocks, and bonds:
    • Single Individual: $2,000
    • Married Couple: $3,000
  • More than one vehicle: (one vehicle used for transportation is excluded)
  • Life insurance policies: (with a combined face value of $1,500 or less excluded)
  • Household goods and personal effects: (e.g., wedding rings, furniture excluded)
  • One home and the land it is on: (you must live there)
  • Burial spaces and funds: for you and your spouse (up to $1,500 each for burial funds)

 
LA Law can help you to keep SSI Benefits when expecting an inheritance or a lawsuit settlement!
We set up a Special Needs Trust (if you are under 65 years old) and have the money or assets go directly into this trust to protect your SSI benefits!

Please call (818) 241-4238 to get a phone consultation on how to meet these limits if you have more assets.

“Aging Happens!… and, sad to say, CHANGE is a part of our aging process. Changes in eyesight, hearing, bone density, the brain and other physical and psychological functional loss become more severe as people age. We need to be proactive in protecting our health, mental capacities and financial estates.”

The good news is, if we live to 65, we have the statistics behind us to live at least 18 more years. Because modern medicine and healthy lifestyles have made it possible for us to live much longer than we could ever expected from previous generations.

The bad news is, the average 75-year-old will potentially suffer from at least three (3) serious chronic conditions. Also, physical longevity can bring with it many confusing and frustrating challenges. Long term health care, legal and financial planning are critical components to ensure that a senior’s needs are taken care of in order to protect their quality of care and quality of life.

Elder Law Attorney, Joseph McHugh’s main goal is to be big part of helping seniors, their families and friends prepare their estates for the emotional, financial, medical changes that occur with aging. Our firm’s focus is to help our clients plan so they can retire comfortably with the peace of mind knowing that if they should become incapacitated, they will get quality care, while protecting their hard-earned savings and their home.

We are very proud of our services to legally guide our clients through the confusing Medi-CAL Long Term Care system in a crisis situation.

We can guide our clients in developing a comprehensive elder care plan work with their estate plan to help the family be prepared for future elder issues. Taking proactive legal planning actions can mean the difference in being prepared for changes or being totally surprised and not able to take advantage of what can be accomplished with pre-planning before a crisis strikes. Having an estate that is within range of Medi-CAL qualifications may save your life time savings and your home!

Surprise! Medicare Does Not Cover Care AFTER 100 Days!

Many people have misconceptions that once they reach the age of 65 all of their health needs will be met by Medicare and supplemental health insurance. However, Medicare focuses on “Acute” care (meaning catastrophic events requiring hospitalization). Medicare only covers the costs of fixing the problem and up to 100 days of recovery, but this is short-term care.

While Medicare covers “Acute Conditions”, it does not cover “Chronic Conditions” requiring long-term care (i.e., memory loss, dementia, Alzheimer’s disease, Parkinson’s disease, blindness, rheumatoid arthritis, heart disease, Multiple Sclerosis (MS), long term care giving needs, etc., etc.).

Currently, the US medical system, Medicare is solely focused on Acute Care, and not on dealing with, paying for or preventing long-term care needs. There are few ways for seniors to pay for their long-term care. They have choices of Private Retirement Funds; Long-Term Care Insurance; or thinking that they must destitute themselves to get on Medi-CAL Benefits.

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A family’s major concerns can quickly become their health, financial and legal circumstances. a loved one ages. Families generally do not totally address these issues BEFORE a health crisis occurs… requiring chronic care and long term custodial support.

Once a loved one enters the LONG-TERM CARE MAZE, the ability to provide quality care without losing the family home and lifetime savings becomes a critical focus for the entire family. These health problems can emotionally and financially burden not only the well spouse, but the adult children that are trying to raise their own children.

If you are starting to ask these questions for yourself or for your parents, you should speak to an experienced California Long Term Care Planning Elder Law Attorney today:

  • What legal documents do I need to make sure I can avoid a Conservatorship?
  • Will my savings and retirement be enough for the rest of my life?
  • Do I need long term care insurance?
  • What legal planning & strategies can protect me, my family and my assets?
  • If I need Skilled Nursing Long Term Care, can I protect my assets for my spouse and legacy?
  • Can I stay at home and get in-home care? How do I find the best place for care that I can afford?
  • As A Veteran, can I get help to pay for my care? What about my spouse?
  • Does Medicare pay for my long-term care? Do I need other health insurance coverage? What happens after the first 100 days of care?
  • Is it too late for long term insurance?
  • How much will I need to pay for my long-term care?
  • Can I qualify for Medi-CAL long term care even if I have a home and a retirement money or other assets?

We are proud to be a part of the complete solution to your family’s crisis, not just the lawyers that create the legal documents. We understand the issues surrounding the care of aging loved ones and what it takes legally to meet your needs and goals, while giving your family the peace of mind that your loved ones are getting the best care possible in a complex and confusing situation.
 

 
After a thorough review of the best strategies for your family situation and our fees for the scope of work, we will structure a comprehensive legal plan created specifically to give you (or your loved one) the best care possible, while protecting your family assets.
 
Our Law Firm is centrally located in Burbank (Southern California); however, our Elder Law Lawyer, Joe McHugh and his wife Kathy McHugh, serve many clients throughout the state with phone calls, emails, FedEx and mobile notaries. We are very proud of the many personal and professional referrals we receive from happy clients and colleagues.
 
Call for consultation: (818) 241-4238. Or you can submit this form to request a consultation.