The McNamara Law Firm | 28212 Kelly Johnson Parkway, Suite 110, Valencia, CA 91355 

(661) 287-3260

The McNamara Law Firm - Serving Santa Clarita, Valencia, Saugus, Castaic, Canyon Country, Newhall, Stevenson Ranch and surrounding communities. Our practice areas include Elder Law, Estate Planning, Wills and Living Trusts, Probate, Medi-Cal Planning, VA Benefits, and Trust Administration.

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  • Jane McNamara, Elder Law Attorney

Long Term Care Facility? Consider This....

Updated: Jan 19

When a loved one enters a long-term care facility, it is often a very difficult time. Maybe there was a catastrophic medical event, such as a stroke. Or perhaps the care needs of an Alzheimer’s victim can no longer be managed in the home. Whatever the circumstances, there is much to do, and a mountain of paperwork from the facility. Should you take the time to review and understand this paperwork? Absolutely!

Care facilities may try to have an adult child be the financial “responsible party.” It is important to know that nursing homes are prohibited from requiring third parties to personally guarantee payment for a loved one’s care. However, this financial agreement may be voluntarily made, and a care facility may not make it clear it is not required.

Additionally, it is important to know that a nursing home cannot ask a resident to waive certain rights, including waiving the nursing home’s liability for lost or stolen property, and liability for a residents health - if a resident requires extra care, then the nursing home must provide it.

It is important to read and understand the admission paperwork presented by the facility, as certain rights are obligations are exchanged. And, since nursing homes average over $10,000.00 per month, proper Medi-Cal planning and asset preservation strategies are critical for long term placements. Care facilities, hospital personnel, and well-meaning friends often give the wrong advice, to the financial detriment of the patient. It is best to seek the guidance of an experienced elder law attorney, to ensure the paperwork is correct, and asset protection/Medi-Cal strategies are utilized to the full extent allowed under California Law.