Does Your Lawyer Pass The Test?


(Give one point for each correct answer to a question or section.) 

1. What is the difference between a Board and Care facility (also known as Adult Foster Care) and a Nursing Facility? (1 point) 

2. Can you describe the difference between Medicaid (in California, Medi-Cal) and Medicare? (1 point) 

3. Have you ever been inside a nursing home? (1 point for yes; 2 points if the lawyer said yes and visited someone who is not a relative; 3 points if the lawyer said yes and spent more than 15 minutes; 4 points if the lawyer said yes to all three and was not paid to be there.) 

4. How are skilled care and custodial care different? (1 point for giving a correct answer—and knowing WHY it is correct) 

5. Have you ever represented anyone in a conservatorship or adult guardianship matter? (1 point for yes; 2 points if the lawyer says it turned out to be more complex than anticipated.) 

6. What is “postural support” or a “Posey vest” or a “Geri-Chair”? (Give 1 point for any of the 3 terms) 

7. Ask the lawyer: “If a client was diagnosed with Alzheimer’s disease one year ago and now wants to transfer her home to her daughter, what are the issues?” 

a. Transfer penalties 

b. Medi-Cal (Medicaid) 

c. Capital Gains Tax 

d. Fiduciary duties 

e. Estate Tax 

f. Legal Capacity 

g. Preventing Elder Abuse allegations 

8. What significant Medi-Cal- related event occurs on Jan. 1, 2024. 

A perfect total score is 20. 

 * PATRICIA TOBIN is the owner of the Law Office of Patricia Tobin in San Rafael, California, (415) 847-0547. Her practice concentrates on meeting the needs of parents and their children for Estate Planning, planning for Medi-Cal and other government programs, Wills, Trusts, Probate and advising family Trustees. Copyright © 2023 by Patricia Tobin 

Pat Tobin, Your Elder Law Expert.

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