HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER




    For Attorneys
    For the Public
    About Us
    Jobs
    Counsel For Justice
    Law Students
    My Account


LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



 

Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

October 2007      MCLE Test and Answer Sheet

Test Number 163: Care Package

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Only U.S. citizens are eligible for Medi-Cal.
 True.
 False.

2. The current look back period for eligibility is 60 months.
 True.
 False.

3. Annuities purchased after September 1, 2004, are subject to Medi-Cal recovery when the beneficiary dies.
 True.
 False.

4. Annuities purchased after March 1, 2006, treat deferred and balloon payments as exempt assets.
 True.
 False.

5. The current Average Private Pay Rate is $5,101.
 True.
 False.

6. A Probate Code Section 3100 petition guarantees the well spouse will be able to keep more than the Community Spouse Resource Allowance.
 True.
 False.

7. George transfers his home to his brother, retaining a life estate. George is receiving Medi-Cal benefits. When he dies, the state can lay claim to the entire value of his home to recover the cost of his care.
 True.
 False.

8. Wanda checked the box on her Medi-Cal application for nursing home benefits that showed her intention to return to her residence when she was able to do so. She proceeds to give her home to her niece as a gift with a note stating her intention not to return to the residence and her desire that the state will be prevented from taking the home after she dies. A nurse copies the note. With this evidence, the state may consider the home a nonexempt asset and refuse Medi-Cal payments.
 True.
 False.

9. Harriet is admitted to a nursing home. She owns a four-unit apartment building and occupies one unit. The case worker correctly states that the apartment building does not qualify as a home and is therefore nonexempt.
 True.
 False.

10. John has a living trust, and his home is titled to the trust. He is admitted to a nursing home after a stroke and receives Medi-Cal benefits because his only real asset is his home. John resides in the nursing home for about a year before his death. Medi-Cal paid $75,000 in benefits. Since John’s home was exempt, it is not subject to recovery.
 True.
 False.

11. The Deficit Reduction Act of 2005 is not yet fully implemented in California.
 True.
 False.

12. A reverse mortgage is the best method to conserve the estate of a person who will be in a Medi-Cal nursing home for at least two years.
 True.
 False.

13. A client says that he is starting to have bouts of disorientation. He adds, "This happened to my dad, and he ended up with full-blown Alzheimer's in six years." He would like to fund a living trust with his $600,000 in mutual funds. Will this plan avoid the look back period?
 Yes.
 No.

14. The state may seek reimbursement from the estate or transferee of property from the estate for disability payments or for nursing home costs paid for by the state for services rendered to an individual at any age.
 True.
 False.

15. The state may not deny benefits if a hardship waiver is granted.
 True.
 False.

16. Placing all of a client's assets into an irrevocable trust so that the client has no access to the principal and only $5,000 per year of income will create a hardship and qualify the client for Medi-Cal.
 True.
 False.

17. The state can recover its costs from a trust established and funded by a Medi-Cal recipient's cousin to pay for the recipient's special needs.
 True.
 False.

18. Transferring a disability recipient spouse's funds to an irrevocable trust created by the recipient's spouse will trigger a look back period.
 True.
 False.

19. Payback language in special needs trusts documents should be excised prior to the trust being used to pay for the special needs of a Medi-Cal recipient.
 True.
 False.

20. The California Department of Health Services has already promulgated some post-DRA rules.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.
If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.
 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

Copyright 2007, Los Angeles Lawyer magazine. All Rights Reserved.

 

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit