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Providing Care After an Alzheimer’s Diagnosis: Caring for Aging Parents

Providing Care After an Alzheimer’s Diagnosis: Caring for Aging Parents

by | Jul 26, 2022 | Aging Parents, Elder Law, Long-Term Care

When a parent or another loved one receives an Alzheimer’s diagnosis, the news lands like a devastating blow. Knowing that you will soon watch someone you love lose their memory and struggle with daily tasks is emotionally wrenching. In addition, your loved one will eventually need intensive dementia care, which can put heavy strains on a family—both psychologically and financially.

Although it’s unlikely that you will be able to provide all the care necessary for a parent diagnosed with dementia, many children do take on a large share of the burden of looking after their parents. For most people, caring for aging parents or loved ones who have received an Alzheimer’s diagnosis is a whole new experience, and one that is very overwhelming. Knowing a few basics about dementia care can help ease the burden.

Everyday Care for Those Diagnosed with Dementia

Because people with Alzheimer’s will start to experience changes in memory and their ability to think clearly, they will need help performing many everyday tasks. The inability to perform what used to be simple tasks can prove quite frustrating, and understandably so. Here are some ways you can help support a loved one who is struggling with dementia:

  • Establish a routine. For people with Alzheimer’s, doing the same thing at the same time every day can help them stay focused on and involved in their own lives. Furthermore, certain tasks need to be performed at a time when the patient is most alert, so it’s important to schedule these at that specific time each day.
  • Help your loved one write down tasks and reminders. Writing down the things they need to do and remember will encourage them to take responsibility for their life, and will also help keep their mind sharp.
  • Allow the person to do as much as possible by themselves. Although Alzheimer’s patients will need more and more help as their disease progresses, it’s important to allow them as much independence and autonomy as possible.
  • Provide choices. Providing the person with simple choices, like the choice between two shirts to wear, can help them feel empowered and stay focused.
  • Reduce distractions. Make sure the environment your loved one lives in is free from distractions, particularly during mealtime or conversations. Otherwise, they may get confused.

Safety Considerations for People Diagnosed with Alzheimer’s

As well as helping the person with their daily tasks, providing them with a safe environment is an important part of dementia care. Here are a few things you can do to prevent them from getting injured:

  • Lock away potentially dangerous objects, such as cleaners, medicines, matches, or knives.
  • Remove anything that the person could trip over, such as extensions cords or small rugs. Also, install handrails or grab bars to help the person maintain their balance.
  • Keep the thermostat on a lower setting so that the person won’t accidentally burn themselves.
  • Insert safety plugs into unused electrical outlets.

Legal Concerns

In addition to providing care for a loved one diagnosed with dementia, there are also important legal considerations that come with looking after their affairs. At the first word of an Alzheimer’s diagnosis, you should contact an elder law attorney to ensure the proper legal documents are in place so you can focus on providing care, and not a lengthy and costly legal process. Drafting documents while your loved one is still coherent is essential, though there are limited options for those whose loved ones have already lost significant cognitive function.

At Miller Estate and Elder Law, we have many years of experience helping people whose loved ones have received an Alzheimer’s diagnosis. Use the brief form below to download a copy of our free guide: Caring for Aging Parents or call (256) 251-2137 to speak with a member of our legal team today!



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Naming a Guardian for Your Minor Children: 5 Questions to Ask Yourself

Naming a Guardian for Your Minor Children: 5 Questions to Ask Yourself

by | Jul 22, 2022 | Estate Planning

two young girls running through feed

Nobody likes to think about the possibility of an untimely death. If you have young children, the thought of leaving them alone is even more difficult to contemplate. That’s precisely why naming a guardian for your minor children is so important. If you have children under the age of 19, naming someone you trust as a guardian in your will is the only way to ensure that they will be looked after and taken care of. If you don’t identify a guardian, the court will choose one…and it might not be someone well-equipped to properly look after your children.

Guardianship of minors can be a sensitive issue, but for many people, it is a key part of estate planning. Here are five important questions to ask yourself when selecting a guardian:

  1. Are my partner and I on the same page? The answer to this question will likely be different depending on whether you are still with your partner, but—either way—it is essential that you get on the same page. Even happily married parents find that they are often on very different pages about who should take over for them in the event of death or incapacitation. Divorced parents may have a wide array of conflicts when determining guardianship of minors. For example, one parent may not want the other parent to be awarded custody in the event of tragedy. The bottom line is that you and your co-parent need to get on the same page, and you need to work with an estate planning attorney who can ensure your wants and wishes are put into writing.

  2. How do I handle the question of multiple children? One concern that can make the guardianship of minors tricky is what to do if you have multiple children. If it is essential that your children stay together, make a note of that in your will. Also, when naming a guardian, be sure that the person you choose is equipped to take on multiple children.
  3. Where is the guardian located? Your passing is already a huge trauma for your children. If you choose a guardian who lives far away, and your children must move, this can make an already difficult situation even more mentally straining. In addition, it is important to consider the school district your child would be transferring to.
  4. Is your guardian financially equipped to handle the job? Your preferred guardian may be an ideal choice. However, if they don’t have the financial means to take care of your children, you might have to look for someone else. Ideally, your estate will have provided for the upbringing of your kids, but it’s likely that your guardian will have to take on at least some of the costs of support…
  5. How will your guardian handle the responsibility? Assuming responsibility for one or more children is not an easy task, and however much your guardian may be invested in caring for minor children, not everyone is prepared to handle the challenges. When you have identified a potential guardian, it is important to have a long talk with that person to ensure that they know everything the job will entail, and that they are prepared to step up to the challenge.

Naming a guardian for your minor children is not a pleasant or easy task. Yet, if you are to ensure their future stability and happiness, it can be one of the most important parts of the estate planning process. Although the process is emotionally-charged, working with an experienced and sensitive estate planning attorney can make it as painless as possible.

At Miller Estate and Elder Law, we have many years of experience helping parents navigate the often painful question of the guardianship of minors. Contact us today at (256) 251-2137 or complete the brief form below to get started ensuring that your children will be well provided for, no matter what happens.



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What is Probate Court & How Does it Work?

What is Probate Court & How Does it Work?

by | Jun 27, 2022 | Estate Planning, Probate

Probate court is the legal process that oversees wills, estate administration, and conservatorships. When a person passes away, before their assets can be transferred to their intended heirs, their estate may be subject to the probate process. During this process, the probate court will authenticate the decedent’s will, oversee the assessment of their assets, make sure all taxes and debts are paid, and distribute the remaining assets to their heirs, as outlined in their will. If there is no will, the court will distribute assets following that state’s intestacy laws.

Probate can be a lengthy and complicated process, not to mention a very public one. Those with complicated estates will often try to avoid this process by deploying certain estate planning tools. However, probate is not always avoidable.

When is Probate Necessary, and When Can it Be Avoided?

The laws governing which assets need to go through probate—and which can avoid probate court—are complex. As a general rule, though, wills are always subject to the probate process. If you die intestate, which is to say without a will, then the probate process becomes even more complicated, as the court is charged with making decisions about how to distribute your assets.

There are, however, certain assets that do not need to go through the probate process. If the deceased had set up a living trust, then the trust is not subject to probate. Rather, the assets held within the trust can pass directly to their intended beneficiaries. In addition, any asset that allows you to name a beneficiary—such as life insurance policies or retirement accounts—can go directly to the named beneficiary, without being subject to probate court. Similarly, jointly-titled property with survivor’s rights does not need to go through probate.

Of course, trusts are not always a fail proof way to avoid probate. Working with a qualified estate planning attorney is the best way to ensure your estate stays out of probate after you pass away.

What is Probate and How Does the Process Work?

The process begins when an individual, usually a family member, files a petition for probate. Then the probate court will appoint an executor of the deceased person’s estate. The executor, generally in conjunction with a probate lawyer, will be responsible for making sure the assets reach their intended beneficiaries.
If the person dies with a will, the first step is for the court to ensure that the will is valid. After that, the executor will find and inform any beneficiaries and creditors of the person’s passing, and arrange to settle the person’s debts. Then, all the person’s assets must be located, and their values assessed. Finally, all remaining assets will be distributed to the designated beneficiaries.
In cases where a will is present and not contested by creditors or predators, the process is fairly straightforward. It can get much more complicated if the person dies without a will, or if the will is contested. In these cases, the probate court plays a larger role in determining the allocation of assets amongst the deceased’s next of kin, or adjudicating disputes among potential heirs.

Hiring a Probate Lawyer

Probate court can be a complicated process, but it is an important tool for making sure a person’s estate is properly distributed. If you’re named an executor of an estate, or are otherwise involved in the probate process for a loved one who has passed away, hiring an experienced probate lawyer can make the proceedings considerably easier.

At Miller Estate and Elder Law, we have years of experience guiding clients through the probate process. Contact us today using the brief form below to find out more about our probate administration services.



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Estate Planning for the Sandwich Generation: Protecting Your Family While Caring for Aging Parents

Estate Planning for the Sandwich Generation: Protecting Your Family While Caring for Aging Parents

by | Jun 14, 2022 | Estate Planning, Medicaid

sandwiches on plate

The “Sandwich Generation” is a term coined to describe those who are caring for aging parents, as well as for their own children. Thanks to longer life spans and the fact that young couples are waiting longer to have children, an increasing number of people in their 40s and 50s are finding themselves challenged with these dual responsibilities.

Needless to say, having to look after two different generations of loved ones can present unique challenges, especially when it comes to estate planning and long-term care planning. Never mind the care and attention your parents and children need, the amount of time, energy and resources required to maintain this tricky balance can leave you unprepared for your own retirement and old age.

Luckily, there are a few steps you can take to balance your caretaking priorities, while also preparing for your own future.

Considerations for the Sandwich Generation

  1. First, make sure your own affairs are in order. Before you can provide for the needs of your parents, you first have to take care of yourself. Take a look at your finances to see what you’re working with. Make a list of all your assets and expenses, and determine how much money you can set aside for old age and retirement. Then, work with an estate planning attorney to ensure you have the proper documents in place to protect your family, your future, and your legacy.
  2. Assess the extent of your parent’s needs. Next, take an honest look at the physical, economic, and social health of your parents, and determine how much assistance they’ll need in the coming years. Some areas to consider in making your assessment are cognitive health, home safety, mobility, social interaction, and medical needs.
  3. Have “The Talk” with your parents. In many ways, this can be the hardest part, but it is important to involve your parents in the process, so they don’t feel like you’re making decisions about their future without any input on their part. It is important that you assure your parents that you’re not trying to take away their independence, and to remind them that you are helping to provide for both yourself and your children.
  4. Consider whether a conservatorship or guardianship is necessary for your parents. If your parents are suffering from dementia or another cognitive impairment, it may be necessary to make special arrangements for their well-being. Conservatorship and guardianship are two helpful options for managing this difficult situation. In these arrangements, a court appoints a person to make decisions about your parent’s care and property, whether that person is you or someone else. Establishing conservatorship or guardianship can be a lengthy legal process, and you will need to hire an estate planning attorney to help you navigate the process. If your parents are still healthy and cognizant, make sure to speak with an elder law attorney, as having the right documents in place now can save time, money, and a length court process trying to navigate conservatorship or guardianship later.
  5. Provide for your children. With all the focus on your parents, it can be easy to lose sight of protecting your children’s needs, both emotionally and financially.

It can be a difficult balancing act providing for two generations with vastly different needs, but you need not go it alone. An experienced estate planning attorney can assist you throughout all stages of this trying but important process.

At Miller Estate and Elder Law, we have many years of experience helping members of the Sandwich Generation navigate the complexities of their many responsibilities. Having the right legal documents in place now can save you from a major headache later. Contact us today to get started providing for your and your family’s future, or download our free guide, Caring for Aging Parents. Complete the brief form below to get your FREE guide today!



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Medicaid Eligibility: How Can I Protect My Assets if I’m Already in a Nursing Home?

Medicaid Eligibility: How Can I Protect My Assets if I’m Already in a Nursing Home?

by | May 31, 2022 | Estate Planning, Medicaid

Moving into a nursing home is not only an incredibly stressful process, but it is extremely costly, too. Unless you’ve been carrying long-term care insurance, you are probably going to end up paying the costs of the nursing home care out-of-pocket until you qualify for Medicaid. When paying out-of-pocket, most people find themselves quickly running through their life savings…and their loved ones’ inheritances.

Because the need for long-term nursing care can arise unexpectedly, it’s preferable to plan for this situation well in advance. By spending down your assets throughout your lifetime—in advance of Medicaid’s 5-year lookback period—and establishing asset protection trusts, you can help ensure that you will qualify for Medicaid when the time comes. If you find yourself facing an unexpected nursing home stay, however, and you haven’t made the proper preparations, Medicaid crisis planning can help. You don’t have to lose everything you’ve worked a lifetime to accrue…

How to Protect Your Assets and Qualify for Medicaid

Medicaid eligibility is based on two factors: the assets you own, and your income. Because Medicaid only covers nursing home stays when a person doesn’t have any other resources, estate planning professionals recommend that you “spend down” your assets gradually over your lifetime. This process allows you to place your assets in trusts or other estate planning vehicles so they are protected—while still allowing you to qualify for Medicaid.

One mistake that many people make when faced with Medicaid eligibility is to give away or sell off their assets all at once. It is easy to panic when you find yourself faced with a nursing home stay, and the sudden need to qualify for Medicaid. However, when you apply for Medicaid, your financial transactions over the past 60 months are scrutinized, and—if you have given away your assets too readily— Medicaid will hit you with a sizeable penalty.

Another mistake people make is to convert exempt resources into countable resources. Your house and car are exempt resources and will not count towards your Medicaid eligibility. If, however, you sell these resources, the money you receive does count, and will be wasted paying the nursing home before Medicaid will step in to cover the costs.

Medicaid Crisis Planning

While it’s far preferable to plan for all possibilities well in advance, if you suddenly find yourself or a loved one facing a nursing home stay, it is still possible to hold on to at least some of your assets. Medicaid crisis planning, a process which allows you to quickly qualify for Medicaid, can be an extremely helpful option. It is important that you speak with a professional estate and elder law attorney before you make any moves that may put your assets—and your long-term healthcare—in jeopardy.

At Miller Estate and Elder Law, we have years of experience working with families facing a nursing home crisis situation. Contact us today using the brief form below to get started on devising a plan to protect your hard-earned assets, whether you are already in the nursing home, will need nursing home care soon, or are (hopefully) many years away from needing long-term care.

Feel free to contact our office with questions. You can also download a free copy of The Basics of Estate Planning in Alabama, or attend one of our upcoming free workshops.

If you need more guidance, we are happy to help. Contact us using the brief form below.



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