California Medi-Cal Planning Attorney Los Angeles & Orange County | Asset Protection
Elder Care Law California helps seniors and their families qualify for Medi-Cal, reduce share of cost, and protect assets under California’s 2026 rules. In-person consultations available in Los Angeles and Orange County; statewide virtual consultations by phone and video.
Who This Page is For
- We work with:
Seniors applying for Medi-Cal who have questions about how their assets or income affect eligibility
Current Medi-Cal recipients approaching annual redetermination under 2026 rules
Adult children helping a parent qualify for Medi-Cal, access long-term care, or protect a family home
Families trying to understand whether Medi-Cal can help cover home care, assisted living, or nursing home costs
If you’re over the asset limit, facing redetermination, or unsure whether planning can help your situation, call us before you apply or submit any documentation.
Our Approach to Medi-Cal Planning & Asset Protection
Every case begins the same way: we start by understanding your short and long-term care goals — where your loved one is now, where you want them to be, and what matters most to your family. From there we conduct a full review of income and assets and build a custom plan designed to maximize Medi-Cal benefits and make your care goals financially achievable.
Most families who call us are dealing with an active care situation. Here are the three scenarios we handle most often:
Medicare is running out and your loved one is still in a nursing home. Medicare covers skilled nursing care for a limited time. When that coverage ends, the facility begins billing at private pay rates — often $10,000 to $15,000 or more per month. Families in this situation need Medi-Cal approved quickly, and they need to know what can still be done to protect assets even at this stage. We handle crisis-stage Medi-Cal planning regularly and know how to move efficiently when the timeline is short.
Your family is planning a discharge and needs Medi-Cal in place first. Many clients come to us when a loved one is medically ready to leave a nursing home but the family needs a safe, sustainable plan before discharge happens. That may mean qualifying for in-home care through IHSS so a parent can return home, or securing placement in an assisted living facility covered through the Assisted Living Waiver (ALW). We help coordinate the Medi-Cal eligibility and planning process around the discharge timeline so the transition doesn’t stall — or result in an unsafe discharge without support in place.
You want to plan ahead before a crisis occurs. Some families come to us before care is needed — a parent is aging, assets need to be reviewed, and the goal is to understand what Medi-Cal planning options are available while there’s still time to act. Proactive planning typically offers the most options, the most flexibility in how assets are structured, and the best opportunity to protect what your family has built. If you’re in this situation, don’t wait for a crisis to start the conversation.
We have never had a Medi-Cal case denied.
Call (866) 822-7211 to speak with a California Medi-Cal planning attorney about your situation.
Why Medi-Cal Planning Requires Legal Guidance in 2026
California’s 2026 Medi-Cal changes — including the reinstatement of asset limits for Aged & Disabled Medi-Cal — have made eligibility more technical than at any point in the past decade. Small errors in timing, asset titling, or application strategy can result in denial, increased share of cost, or loss of coverage at redetermination.
California’s Medi-Cal rules are also county-administered, which means practices and processing timelines can vary significantly between Los Angeles County, Orange County, and other jurisdictions. An attorney who works in these counties regularly understands how to navigate that variation.
Under California’s 2026 Medi-Cal rules, the asset limit is $130,000 for an individual and $195,000 for a couple — but not all assets count toward that limit, and how assets are titled can be just as important as the total.
Medi-Cal Eligibility Evaluation and Planning
Medi-Cal rules are complex and not all assets are treated the same. Before we recommend any planning strategy, we conduct a full eligibility review covering countable and exempt assets, income sources, household composition, and recent financial activity — so we know exactly where you stand before anything is filed.
When obstacles exist, we develop a custom eligibility plan to lawfully reduce countable assets, preserve exempt resources, and position the client for approval in compliance with current Medi-Cal regulations. Getting this right upfront avoids denials, reduces processing delays, and ensures benefits are available when care is needed.
Share of Cost Reduction
Medi-Cal share of cost is the monthly out-of-pocket amount you must meet before Medi-Cal pays for covered services. Share of cost is calculated based on your income, allowable expenses, marital status, and care setting — which means it can vary significantly from one household to the next, and in many cases can be reduced with the right planning. Depending on your income, share of cost can be thousands of dollars per month, high enough that Medi-Cal benefits become effectively inaccessible without a reduction strategy in place.
Reducing or eliminating share of cost is often just as important as qualifying for Medi-Cal in the first place. A high share of cost can block access to critical programs like In-Home Supportive Services (IHSS) and the Assisted Living Waiver (ALW) — the programs that make it possible for a parent to come home or move to assisted living instead of staying in a nursing facility.
There are several lawful strategies available to reduce share of cost under California’s 2026 Medi-Cal rules. The right approach depends on your income sources, household composition, and care goals.
[Read our complete guide to Medi-Cal Share of Cost in California →]
[Estimate your monthly share of cost with our free calculator →]
Protecting Your Home and Assets From Medi-Cal Recovery
Even when a client qualifies for Medi-Cal, asset protection remains a critical part of the planning process. Medi-Cal tracks every dollar paid on your behalf and will seek to recover those costs from your estate if assets are not adequately protected — including claims against a family home.
A comprehensive Medi-Cal plan addresses not only eligibility, but also how assets are titled and structured to minimize or avoid estate recovery where permitted by law. For many families, protecting the home is the most important goal of the entire engagement.
Medi-Cal Coverage for Home Care, Assisted Living, and Nursing Home Care
Medi-Cal eligibility rules, income treatment, and available programs differ significantly depending on the level of care required. We help families understand and plan for:
- In-Home Supportive Services (IHSS) — for clients who want to remain at home
- Assisted Living Waiver (ALW) — for clients seeking assisted living placement covered through Medi-Cal
- Long-term skilled nursing facility care — including crisis-stage planning for clients who need placement immediately.
Proper planning takes into account not only financial eligibility but also the level of care required and the timing of placement — which can directly affect which programs are available and what out-of-pocket costs remain.
Annual redetermination under 2026 Asset Limits
If you were approved for Medi-Cal before 2026, your benefits are not automatically protected under the new rules. If your countable assets exceed the current limits and no planning has been done, you may face loss of coverage or an increased share of cost.
Planning before redetermination is critical — options narrow significantly once a notice has been issued. An experienced California Medi-Cal attorney can review your situation and develop a plan to protect your benefits before the county reassesses eligibility.
We explain redetermination risk in detail in our guide to 2026 Medi-Cal eligibility changes and planning strategies
Serving Los Angeles, Orange County, and Southern California
Elder Care Law California serves clients throughout Southern California, with offices convenient to Los Angeles and Orange County. For clients who are homebound or in facility care, we offer in-home and nursing home appointments throughout Los Angeles and Orange County, and remote consultations for families elsewhere in California.
Call for a Medi-Cal Eligibility Review
For a full breakdown of how the 2026 Medi-Cal changes affect eligibility and planning, read our comprehensive guide on Medi-Cal eligibility in California
Call (866) 822-7211 to speak with our experienced California Medi-Cal planning attorney about your options under the 2026 rules.
Types of Medi-Cal Coverage
- Nursing Home Stay
- Home Care (IHSS)
- Assisted Living Waiver Facilities (ALW)
- Prescription Medication
- Surgeries
- Chemotherapy
- Doctor’s Visits, etc.
How We Can Help You
- Qualify for Medi-Cal and preserve you hard earned assets
- Maximize your Benefit From the State
- Minimize your Share of Cost
- Protect your home from future Medi-Cal claims
Why Us
- Experienced Medi-Cal experts to handle your case
- Never had a case turned down by Medi-Cal
- Reasonable attorney fees
- Convenient office locations and in-home appointments
Frequently Asked Questions
1. What is Medi-Cal?
Medi-Cal is California’s version of the Medicaid program designed to help pay medical bills for eligible individuals. Medi-Cal is not related to Medicare insurance. Eligibility for Medi-Cal mainly depends on amount of income a person has.
2. Who is eligible for Medi-Cal?
SSI recipients are automatically eligible. As of 2024 there is no asset limit or citizenship requirement for Medi-Cal eligibility. Others may also qualify if their income is within the Medi-Cal limits. This includes:
1. Low-income or unemployed persons
2. Some persons with dependent children
3. Children under 21
4. Pregnant women
5. Indigent adults in skilled nursing or intermediate care or
those who qualify for Medi-Cal funded home and community based
option programs.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal eligibility and Asset Protection Options
3. What are the income limits?
California law has a fixed maintenance need standard for those who are living at home. The need standard for a single elder (at least 65) or disabled person is $600 per month, for a couple – $ 934 per month.
Generally, if your monthly income is higher than the need standard, you will have a “share of cost” for your medical bills each month. Once you pay your monthly share of cost towards your medical bills, Medi-Cal will cover the rest of the expenses.
Medi-Cal share of cost works similar to an insurance deductible and is determined by the Medi-Cal case worker. The amount of the share of cost is equal to the difference between your gross monthly income, minus certain deductions like Medicare or private insurance and minus the need standard.
You may not have any share of cost if you qualify for the Aged & Disabled Federal Poverty Level Program.
4. Can nursing home residents be eligible for Medi-Cal?
Due to the enormous cost of nursing home care, many California’s nursing home residents have Medi-Cal program pay for their care. If you meet the Medi-Cal standard, you will be eligible for Medi-Cal.
The share of cost for the nursing home residents is determined a little bit different than for those who are still living at home. Medi-Cal share of cost equals gross income minus the cost of health insurance or other eligible deductions, minus the Monthly Maintenance Need Allowance.
If a nursing home resident is married, his spouse may be able to keep his income without surrendering it to the nursing home as a share of cost.
Your share of cost is your monthly financial obligation to the nursing home; Medi-Cal will pay the rest.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal eligibility and Asset Protection Options
5. What is exempt property under Medi-Cal rules?
Under 2026 California Medi-Cal rules, certain assets are considered exempt and do not count toward Medi-Cal eligibility when properly structured. Exempt property generally includes assets that are essential for daily living or specifically protected under Medi-Cal regulations.
Common examples of exempt property may include:
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Primary residence, if certain conditions are met
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One vehicle, regardless of value, if used for transportation
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Household furnishings and personal belongings
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Irrevocable burial plans and burial plots
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Certain life insurance policies with limited face value
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Retirement accounts, depending on the type and payout status
While exempt assets are not counted for eligibility purposes, they may still be subject to Medi-Cal estate recovery if not properly planned for. In addition, how an asset is titled, used, or distributed can affect whether it remains exempt.
Because Medi-Cal rules are complex and frequently change, it is important to have an experienced California Medi-Cal attorney review your assets to confirm exemption status and ensure they are structured to avoid both eligibility issues and unnecessary recovery.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal planning and asset protection options.
6. Are you allowed to spend down your resources?
Yes. Spending down resources is allowed under California Medi-Cal rules, provided it is done lawfully and for permitted purposes. Improper transfers or gifts, however, can create eligibility problems or delays depending on the Medi-Cal program and timing of the application. Because Medi-Cal rules are highly technical and change over time, it is important to plan a spend-down strategy carefully.
A California Medi-Cal attorney can help structure a lawful spend-down plan that reduces countable assets, avoids penalties, and positions an applicant to qualify for Medi-Cal while protecting exempt property.
Please call our law offices at 1-866-822-7211 to consult regarding other Medi-Cal planning and asset protection options
7. Can you qualify for Medi-Cal by gifting your assets away?
In most cases, no. Gifting assets in order to qualify for Medi-Cal can create serious eligibility problems and is generally not an approved planning strategy for Aged & Disabled Medi-Cal.
Certain Medi-Cal programs apply transfer rules that penalize asset gifts made within a specific period before applying for benefits. Improper gifting can result in delays, denials, or periods of ineligibility—particularly when long-term care benefits are involved.
That said, Medi-Cal planning does allow for lawful strategies to reduce countable assets without improper transfers, such as permitted spend-down options, asset re-structuring, and use of exempt assets. The key is ensuring any planning is done in compliance with current California Medi-Cal rules.
Before making any gifts or transfers, it is important to consult with an experienced California Medi-Cal attorney who can evaluate your situation and recommend a strategy that protects eligibility while minimizing risk.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal planning and asset protection options.
8. What is share of cost?
Even if you are eligible for Medi-Cal benefits, you may still be responsible to pay a share of cost. When you are in a nursing home most of your Social Security, pension and other income will go toward your share of cost and Medi-Cal will pay the rest.
Private health insurance premiums that the resident has to pay will be deducted from the share of cost. If you have any outstanding medical bills prior to you becoming eligible for Medi-Cal, your share of cost could be applied towards those bills instead of paying a share of cost to the nursing home. Also, any medical expenses that are not covered by Medi-Cal can also be deducted from the share of cost as long as the prescription is provided.
A nursing home resident should pay the “estimated” share of cost while his application is pending and not allow the income accumulate in the account as this can impact his Medi-Cal eligibility.
There are a number of strategies that can be employed by a Medi-Cal Attorney to reduce or eliminate the share of cost.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal eligibility and Share of Cost
9. Is there anything I need to know about signing a nursing home admission agreement?
If you are signing a nursing home admission agreement for another, you should do so in a capacity as an “agent” (under power of attorney; conservatorship) rather than “responsible party”. Otherwise you may make yourself personally liable for the expenses.
If you are acting as an agent for the nursing home resident’s assets, always use the resident’s income to pay the share of cost as willful avoidance of this duty can be a misdemeanor. An agent will be held responsible for the funds that were received by the resident but not distributed by the agent and not for any of the resident’s debts.
10. What if your application is improperly denied?
If your application for the benefits is improperly denied you can file for the fair hearing. It is important to apply for the hearing in a timely manner, which is indicated in the notice of action of denial letter.
Call our office if you need help with an application that has been improperly denied.
11. How does Medi-Cal treat well spouse's income when the other spouse is in a nursing home?
According to Medi-Cal rules, the spouse that is staying at home can retain a certain amount of income. If their income is below this amount they can keep some of their spouses income and share of cost will be offset. We have a number of strategies to help reduce the share of cost for married couples.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal eligibility and Asset Protection Options
12. How does Medi-Cal treat IRA's and pension funds In well spouse's name when the other spouse is in a nursing home?
Such funds In the name of at home spouse are excluded and do not have to be liquidated or cashed out.
Distributions for a spouse that is in need of Medi-Cal benefits will go toward share of cost calculation. We have a number of strategies to reduce share of cost.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal planning and IRA, Pension plans’, other assets protection options.
13. How does Medi-Cal treat annuities?
Annuities are usually treated differently from IRAs and work-related pensions. The periodic payments have to be set up so that the full amount of the annuity is exhausted by the time of life expectancy however any unpaid amount, depending on when the annuity was purchased, can be recovered by Medi-Cal. All periodic payments will be included towards income and added to the share of cost.
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal planning and asset protection options if you have purchased an annuity.
14. Can a well spouse keep any of an institutionalized spouse's income?
A well spouse can keep all of his or her own income and potentially some or all of the institutionalized spouse’s income. As of 2014, California law states that there is a “minimum monthly maintenance need allowance” set of which is increased each year. What it means is that if the at home spouse does not have her own income or gets very little, then she can keep some of the institutionalized spouse’s income. Well spouse can also potentially keep all household income through spousal impoverishment or a court order
16. Can a well spouse request to increase income or resource allowance when the other spouse is in a nursing home?
Yes, that can be done through a Fair Hearing or obtaining a court order. The resource allowance can be increased if the income between both spouses does not add up to “minimum monthly maintenance need allowance”
The “minimum monthly maintenance need allowance” can also be increased if hardship is proved
Please call our law offices at 1-866-822-7211 to consult regarding your Medi-Cal eligibility and Asset Protection Options
17. Can I transfer a home if I receive Medi-Cal benefits?
Warning: you may be able to own a home and still qualify for Medi-Cal benefits, but be aware that your home is still subject to Medi-Cal recovery claims.
The financial support extended to a Medi-Cal recipient can be recovered by the state after Medi-Cal recipient’s death. Medi-Cal recovery department can recover up to the amount available after the house is sold, but not more than the actual expenditures.
California now seeks recovery from real or personal property or any other assets that are probated.
There are ways of protecting the property from future Medi-Cal recovery that you should be aware of. Please call our law offices at 1-866-822-7211 to find out how to protect your home from future Medi-Cal claims.
You should also be very careful when transferring the residence out of the Medi-Cal recipient’s name as there are many rules governing such transfers.
Please call our law offices at 1-866-822-7211 to consult how to transfer the property properly without triggering ineligibility for benefits or future recovery by Medi-Cal.
18. What If I Was Approved for Medi-Cal Under the Old Rules and Am Now Over the 2026 Asset Limits?
If you were approved for Medi-Cal under prior rules that did not include an asset limit, your eligibility will be re-evaluated under the 2026 asset limits during your annual Medi-Cal redetermination. At that time, the county will review your assets to determine whether you continue to qualify.
If your countable assets exceed the current Medi-Cal asset limits, you may lose Medi-Cal eligibility unless corrective planning is done before redetermination. This can result in a loss of benefits or an increase in share of cost.
The good news is that proper Medi-Cal planning can often preserve eligibility under the new rules. With advance planning, it may be possible to lawfully restructure assets, reduce countable resources, and position you to remain eligible when redetermination occurs.
Do not wait until you receive a redetermination notice. An experienced California Medi-Cal attorney can review your situation and develop a plan to protect your benefits before eligibility is re-assessed.
Call us to schedule a Medi-Cal eligibility review to determine whether you are at risk under the 2026 asset limits and to explore planning options to preserve your Medi-Cal benefits.