A financial power of attorney with customized Medi-Cal planning language may be indispensable in qualifying for long-term care benefits and avoiding State recovery actions. Unfortunately, we often review financial powers-of-attorney at the hour of need and find they lack the required provisions.
Contrary to popular belief and simple logic, in California, a power of attorney that says it grants “any and all powers that can be granted under the law,” in fact, does not. There are at least seven (7) special powers that, under California law, must be specifically stated beyond a general grant of “all powers.” Depending on your situation, some of these powers may be indispensable for proper public benefits eligibility planning or recovery avoidance. The grant of these powers is not always appropriate as they are broad and far-reaching, and may be abused in the wrong hands. However, in the right situation, they may be the tool that saves the bulk of the family estate.
At the San Diego Elder Law Center, we understand when and how to use Medi-Cal planning language in your powers of attorney, and how to effectively integrate the powers of attorney with your other planning documents to achieve the desired result.
