Medi-Cal/SSI/Estate Recovery

[Rosaliegal]

What is the name of your state? CA

My grandfather (age 79, divorced) has been receiving Medi-Cal & SSI assistance for the past five years and, thankfully, is in good health. The current market value of his home is $850K, which I understand was exempt from the initial eligibility requirements to receive assistance. His yearly SS income is around $10K and the financial help from the government has made a huge difference in how he gets by with his bills. Recently, his friend told him that the governmental benefits he receives will be recovered by the State from his estate upon his death. I explained to him that his estate will owe (rightfully) monies paid by Medi-Cal, but that does not include SSI and monies paid by Medicare. He does not believe me and, after a recent hospital stay that totaled $14K, he thinks that his estate will be charged the full amount. The billing statement said that Medicare covered around $12K and that "he may be billed for" approx. $1K. He is so worked up over having his entire estate eaten up by the State recovery system, that he wants to opt out of his assistance.

Here's the question: Will the State try to recover the SSI, Medicare paid and Medi-Cal portion or just the Medi-Cal charges?

Also, will the govt. also try to recover the SSI assistance from his estate as well?

Am I correct in that I told him there is no way (other than committing fraud) that he can "protect" the assets he wants to leave to his heirs (who want him to continue receiving assistance no matter the amount of inheritance?)

OPTIONAL: If possible please either cite a California code or a publication from the State which confirms your answer so I CAN GET HIM TO BELIEVE ME! I love him so much but he's a stubborn old fogey!!

 

[pojo2]

He is so worked up over having his entire estate eaten up by the State recovery system

You would have the good folks of your state pay for his expenses when he has ample assets to repay some of what the govt is giving him ? So his heirs have something?

Am I correct in that I told him there is no way (other than committing fraud) that he can "protect" the assets he wants to leave to his heirs (who want him to continue receiving assistance no matter the amount of inheritance?)

Perhaps you should have seen a professional before telling him this info.

 

[Rosaliegal]

Thank you for your response regarding my grandfather. As I wrote in my query, "I explained to him that his estate will owe (rightfully) monies paid." It makes perfect sense to me that it is only fair that the State should be repaid for any assistance they grant an individual.

To clarify my question, I would like to know if he will be required to repay the Supplemental Security Income and/or Medicare paid portion of his Medi-Cal bill. (Again, I understand that he owes the State any charges that Medi-cal pays.) His heirs don't care if they receive an inheritance from him--Grandpa is the one who is worried. He is considering getting off assistance and, somehow, making due without it. I would just like someone "in the know" to provide this info so I can give him the correct facts. I have tried calling the Medi-cal Estate Recovery Unit, but no one has called me back.

 

[pojo2]

I would just like someone "in the know" to provide this info so I can give him the correct facts

Then YOU stop giving him any advice and get him to an Estate Planner/Atty who CAN give him the facts and assist him. He needs this done PROPERLY and not by YOU while reading a 'how to' from an advice ONLY forum.