Most of us tend to trust the advice of our attorneys when it comes right down to it, but there is no reason to do so blindly.

In the case of Jason, a 68 year-old retired laborer whose wife was required to spend the last part of her life in a nursing home, he very nearly lost the family home and assets due to legal advice that he should place the property in a Grantor Trust. Yet another attorney who considered Jason’s precise situation in greater detail, discovered that having a Grantor Trust was not in Jason’s best interests. In fact, a Grantor Trust, under the revised Medi-Cal recovery rules, would have left Jason with no access to principal, no formal occupancy right in the Trust and limited access to income.

The case of Jason is not an isolated one. In fact, there are many people trying to take advantage of seniors by giving bad advice.

Particularly now, with a flux in the status of the recovery rules that govern Medi-Cal payments, elders and family members are vulnerable. The government cares little or nothing for the well-being of those who have survived the family member’s stay in a nursing home through the Medi-Cal program. Obviously, the government will seek out every possible weak point in the estate planning for the family assets and properties and will take everything it can legally take to repay Medi-Cal.

Seeking to protect the home and valuables you, or your family, have managed to build up in the course of your life is a very wise thing to do. But don’t simply give the problem to an attorney and then robotically accept everything said to you. If something does not quite make sense, ask questions until it is clear to you what is being proposed. Also ask for alternate solutions that may be better or less expensive.

If a proposed estate plan is going to cost you a really high price, maybe it is the wrong plan. And if it costs a sum that seems at first glance to be outrageous, maybe it IS outrageous. Maybe you have the wrong attorney. You can always tell if the attorney says you have no way to keep your assets or win in a legal battle. If that is the advice you get, it is time to find a new attorney.

But it may not always be so obvious. Legal language can obscure bad advice. The only way any attorney can find the most optimum solution for YOU is by carefully examining all the information concerning your financial situation and understanding your family relationships thoroughly and in complete detail. If he has done this, there is a good chance that his advice can be accurate and in your best interests.

In any case, you always have the final decision and it is vital that you understand what your attorney is advising and how it will impact your ability to safeguard your home and your assets against Medi-Cal recovery procedures and rules. So ask questions and with full understanding, make your own decisions. Your attorney should be open and honest with you.

If you or a family member is on Medi-Cal, or may soon require Medi-Cal assistance, you must take the initiative quickly. Be smart and act before it is no longer possible to safeguard your estate. But do it with caution and opens eyes. Potential changes in Medi-Cal rules are being proposed even now.