By Jay Greene –
As LGBTQ+ community members in the San Francisco Bay Area age, thoughtful elder care planning becomes key to maintaining independence, dignity, and connection. This involves legal tools like advance directives, wills, and trusts to protect assets, honor personal wishes, and integrate with supportive resources.
In 2025, California’s Medi-Cal program continues to evolve, but major updates effective January 1, 2026, reinstate asset limits at $130,000 per person and $195,000 per couple for non-MAGI programs, making it essential to review and update plans now to avoid eligibility issues. Early action helps navigate rising care costs and ensures chosen families are recognized, addressing unique challenges like discrimination in care or lack of traditional family support.
The Bay Area offers various supportive options that can complement professional legal planning. For instance, programs like those from the Institute on Aging (IOA) or On Lok can be coordinated with legal strategies to enhance overall care. (Read more about On Lok in this issue of the San Francisco Bay Times.)
Elder Care Planning and Why It Matters
Elder care planning combines health, social, and legal strategies. It helps tackle biases against non-traditional families through documents that designate trusted decision-makers and protect assets from long-term care expenses.
Key elements: advance directives for health choices; powers of attorney for finances; wills and trusts to distribute assets; coordination with community programs for ongoing support.
Example: Many Bay Area clients use revocable trusts to safeguard homes while aligning with in-home care services.
Key Options for Elder Care Planning
•Wills and Trusts: outline asset distribution and management, avoiding probate. Pros: Privacy, tax minimization;
•Advance Directives: appoint agents for decisions if incapacitated. Pros: Ensures dignified care;
•Asset Protection: shields resources from care costs via strategies like irrevocable trusts. Pros: Qualifies for aid.
In San Francisco, plans must consider high costs and property taxes. Common pitfalls: Failing to plan with LGBTQ+ supportive resources; professional guidance helps.
Step-by-Step: How to Get Started
1. Assess needs with self-evaluation tools or consultations.
2.Gather documents like deeds and medical records.
3.Consult a licensed attorney for customized directives, factoring in 2026 Medi-Cal shifts.
4.Draft and review with chosen family or caregivers.
5.Align with community supports as needed.
6.Review annually amid law changes.
Common Questions About Elder Care Planning in San Francisco
LGBTQ+ individuals often ask:
How much does it cost?
Costs depend on the service. Expect higher prices for more comprehensive, personalized options.
What are DIY risks?
Misses CA rules, risking invalid plans
How do supportive programs fit?
They complement legal tools for holistic needs.
When to start?
Anytime to avoid crises
Signs You Need Professional Guidance
Property ownership; chronic illnesses; multi-state ties; concerns over digital legacies.
How Greene Law Firm, P.C., Can Assist You
Greene Law Firm, P.C., assists clients with wills, trusts, probate, elder law, and asset protection. Licensed in California, we provide personalized plans that address LGBTQ+ needs and coordinate with community resources, drawing from multiple years of experience.
•Clients: families, retirees, LGBTQ+ individuals;
•Services: everything from advance directives to asset strategies;
•Approach: empathetic, thorough assessments and consultations.
Ready to prepare?
Contact Greene Law Firm, P.C., today. Call 415-905-0215 or email info@greenelawfirm.com—free initial assessment.
Statements in Compliance With California Rules of Professional Conduct The materials in this article are for educational purposes only and are not legal advice. Consult an estate planning attorney for personalized guidance.
Attorney Jay Patrick Greene, Esq., CPA, founded Greene Law Firm, P.C., which is licensed in California, Alabama, and Florida. He has over 15 years of experience concerning wills, trusts, probate, elder law, and asset protection. For more information, visit: https://assetprotectionbayarea.com
Trust Essentials
Published on December 18, 2025
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