Legal Issues for Senior Citizens
(October, 2005)
Article for THE LEGAL CORNER: ANSWERS TO COMMONLY ASKED QUESTIONS REGARDING THE
LAW.
With over 4.7 million residents in the State of California at least 60 years of
age, California is the most senior-populated state in the nation. Seniors share
many of the same concerns regarding estate planning, government assistance for
healthcare and housing needs, and retirement planning. Those issues include:
WHAT IS THE DIFFERENCE BETWEEN MEDICARE AND MEDI-CAL?
Medicare is a Federal health insurance program that primarily covers Social
Security recipients at least 65 years of age or certain disabled individuals.
In short, Medicare has two parts (Part A, usually referred to as hospital insurance
and Part B, a so called supplemental health insurance program). Medi-Cal, on
the other hand, is a program run by the State of California providing health
insurance based on need. If you are 65 years of age and have limited resources
and income, you may qualify for Medi-Cal assistance. Medi-Cal covers typical
medical and dental expenses. Medi-Cal frequently pays for nursing home benefits,
though it does not cover board-and-care homes (usually converted private homes
with up to 8 elderly residents). Often a Senior Citizen qualifies for Medi-Cal
assistance when their savings/liquid assets have been exhausted and the monies
paid by Medi-Cal are repaid from property they own after their death.
HOW CAN I BE PREPARED IN CASE I BECOME INCAPACITATED?
The important legal documents to consider are an Advance Healthcare Directive,
and a Power of Attorney. The Healthcare Directive includes your designation
of a first (and preferably one or two alternate) healthcare agents in the event
you become unable to make your own healthcare decisions. That document also
leaves your agent with detailed instructions about your choices regarding the
use of life-support equipment, organ donations upon your death, and the like.
A Power of Attorney is a powerful legal document that gives another person the
right and authority to act on your behalf - either outright (effective when
you sign the document) or when you become incapacitated as documented by two
doctors (usually referred to as a "Springing Power of Attorney").
The information contained herein is general information
about the law only. The law is subject to change. If you have a specific legal
question and want your question(s) answered, consult with an experienced attorney.