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One of the major areas of Elder Law is the protection of assets for a well spouse when the other spouse must be placed in skilled nursing. The state and federal Medi-Cal laws and regulations allow a certain amount of assets and income for the well spouse while still permitting the spouse who is placed in skilled nursing to have his care paid for or supplemented by Medi-Cal. In many cases, this minimum amount can be significantly enlarged, so that the financial security of the spouse who is still living in the home is maintained. Major asset protection can be accomplished when one of the couple’s assets is an operating business or family farm. John T. Harris is a member of the National Association of Elder Law attorneys, and is able to advise you on the options available when a spouse is to be placed in skilled nursing. Additionally, there are legitimate asset preservation strategies when it is a widow or widower who is anticipating long-term care and wishes to preserve an asset, such as the family home, for his or her children.
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