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Gene Osofsky Esq.

Osofsky & Osofsky

Gene Osofsky Esq.

Osofsky & Osofsky

Gene Osofsky Esq.

Osofsky & Osofsky

Gene L. Osofsky, our principal, has been designated as a Northern California “Super Lawyer in the field of Elder Law by Thomson--Reuters, a designation given to the top 5% of Elder Law attorneys in Northern California. The designation is based upon peer review, standing and achievement.

The Osofsky Law Firm is a boutique Medi-Cal planning, Elder Law and Estate Planning firm in the East Bay Area. While we offer all the services of a traditional estate planning firm, we focus on the increasingly important and complex area of Elder Law. We assist clients with Long-Term Care and Disability Planning, qualifying for Medi-Cal Benefits, avoiding Medi-Cal Recovery, Asset Protection, Veterans Aid & Attendance Benefits, and many other legal issues associated with growing older.

Our firm is frequently consulted about asset preservation techniques in connection with Long-Term Care Planning.  Our Medi-Cal lawyer uses special alternatives to help families  ‘spend down’ in order to accelerate eligibility for Medi-Cal, where appropriate.  In many cases, these “alternatives” enable seniors and their families to retain significant assets while simultaneously qualifying for Medi-Cal nursing home care. In short, we can help you and your family avoid going broke and preserve dignity when dealing with long-term nursing home care. If your loved one is a Veteran with large out-of-pocket care costs, we may also be able to help the Veteran or spouse qualify for a monthly pension from the government, even if the Veteran’s disability is unrelated to wartime injury. This monthly pension may make all the difference in extending the ability of the Veteran or spouse to remain at home or in Assisted Living.

As one of the Bay Area’s leading Elder Law and Medi-Cal attorneys and co-author of The Consumer’s Guide to Medi-Cal Planning, our founder,  Gene L. Osofsky, is frequently asked to speak on Elder Law topics to senior groups, financial planners and social workers throughout the Bay Area. His firm serves clients in Alameda and Contra Cost Counties, and in the East Bay Cities of Hayward, Fremont, Newark, Union City, San Leandro, Oakland, Berkeley, Pleasanton, Livermore,  San Ramon, Danville, Walnut Creek, and beyond.

We welcome the opportunity to work closely with you and your loved ones to plan your financial future or help you cope with a Long Term Care or Medi-Cal crisis situation.

Firm Description

Our firm assists clients with planning for Long Term Care, MEDI-CAL qualification, Asset Preservation, Alternatives to Asset "Spend Down", Planning for Incapacity, Durable Powers of Attorney, Living Trusts, Special Needs Trusts, Probate and related matters.

Hours

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Cost

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What Is an Elder Law Attorney?

Main Office

1290 B Street
Suite 208
Hayward, CA 94541

5820 Stoneridge Mall Road
Suite 100
Pleasanton, CA 94588

On the web

View Firm Website


Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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