Legal Question in Health Care Law in California

The agreement would only be binding between the parties entering into the agreement. Third parties (i.e. health care providers) would not be prevented from going after whatever they may be entitled to under the law.

While Mr. Kane's vague answer is broad enough to be correct, it is misleading. Yes, he is right that you cannot contractually agree that a creditor cannot collect from assets that the law says they can. Duh. You can, however, at least to a certain extent control how assets are owned and income recognized in order to minimize just what it is that creditors are entitled to reach under the law. This is, however, not an area for generalists or internet answers. You would need to sit down with an experienced Elder and Estate Planning Law attorney to help you craft a structure that minimizes the financial impact of future health costs on each other. It is likely that a trust structure will be as or more effective than a pre-nup, though a simple pre-nup in support of the plan may be necessary. Talk to an attorney in person about that.