Legal Question in Real Estate Law in California

Re: Sick Aunt needs medi-cal but owns home

This is an issue that comes up fairly often statewide, and Medi-Cal and its clients are in a constant tug-of-war over rights to the patient's property holdings. As fast as folks find ways to protect property, the regulations are tightened.

So, the bottom line is that you need to consult an expert that specializes in this and who reads all the latest rules and decisions.

Unless you have a power of attorney, you can't sell property that isn't yours, no matter how close the relationship. However, you should consider getting powers of attorney if or while your aunt is still competent to execute them, both for health care and for property matters.

If your aunt hasn't done estate planning, you should suggest that she do so now. Be careful to avoid any conduct that might later look to be coercive or unduly influencing.

Re: Sick Aunt needs medi-cal but owns home

Do not transfer the property--see an experienced Medi-Cal attorney first. The home may be able to be saved, but correct procedures must be followed before, during and after the Medi-Cal application process.