Legal Question in Elder Law in California
Medi-cal annuity
I bought an annuity to shield $21,000 in savings from Medi-cal. It turns out the monthly annuity payments increase my income so that Medi-cal increased my monthly share of cost to $558.00. It must be paid monthly or Medi-cal counts the undistributed balance of the annuity as a resource, then making me entirely ineligible for medi-cal. Is it reasonable to expect the elder law attorney I bought the annuity from to have told me what the monthly annuity payments would be and known the Medi-Cal regulations that specify the annuity must be paid monthly to be properly annuitized, and that Medi-cal counts the undistributed balance of the annuity as a resource if it is paid in any other increments besides monthly, making you entirely ineligible for Medi-Cal because Medi-cal counts the thousands of yet to be distributed monthly payments as a resource? I thought elder law attornies were supposed to advise you on these details and that these details would be within the scope of their professional knowledge to find out about and tell the client before they buy the annuity, so that the annuity payments wont make you ineligible for medi-cal and won't make your monthly share of cost go up much at all. Please give me some valid opinions.
1 Answer from Attorneys
Re: Medi-cal annuity
Go back to the attorney, or someone else, and have him 'recast' the annuity or take other action to remedy the problem. Only if it can't be solved would you then consider malpractice action.
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