What to Look for During Holiday Visits to Aging Parents

What to Look for During Holiday Visits to Aging Parents

by | Nov 5, 2020 | Aging Parents, Medicaid, Medicaid Planning, Nursing Home

The holidays are often called the most wonderful time of the year, especially for aging parents. For many families who live far apart, they are also a time when adult children and grandchildren travel to visit aging parents. Even if you are in regular contact by phone and email, it can be tough to recognize signs of aging that require further attention until you are with your loved ones in person. Do you know what to look for during holiday visits to aging parents?

Let us talk about some of the signs that it may be time to look into getting your aging parent some day to day assistance, or to begin exploring options for long-term care.

The first thing to look for in your aging parents is forgetfulness. Forgetfulness is often one of the first signs to watch for. It is normal for memory to change over time. If your parents, however, are forgetting routine and long-term information, such as their street address or how to get to the grocery store, this could be a sign of the onset of Alzheimer’s or another form of dementia.

Decrease in socialization can also be a red flag in aging parents. If your normally active, social parent is spending a lot less time out of the house, this may be cause for concern, especially if he or she is now living alone after being widowed and is not getting social interaction without a spouse in the house. You can help by looking into local activities at a senior center, house of worship, or the library.

Driving issues are also things to watch for. Unfortunately, your parents probably taught you to drive, and you may be the person who has to take away their keys. If vision and spatial issues become too much and impair their ability to drive safely, it is probably time to sit down and talk to your parents about alternatives.

Additionally, be mindful of cleanliness. If your parents’ home has unexpected piles of junk mail and newspapers suddenly stacking up in the corners, it may be time to talk about getting them some help to organize and discard.  If there is a true cleanliness issue, however, with food not being disposed of properly or mold accumulation, it can also be a sign of dementia.

Our office remains committed to serving the elderly and their loved ones. For legal help and support concerning elder law issues, please reach out to us to schedule an appointment.

Can Filial Responsibility Laws Leave You On The Hook For Your Parents Nursing Home Bill?

Can Filial Responsibility Laws Leave You On The Hook For Your Parents Nursing Home Bill?

by | Oct 5, 2020 | Aging Parents, Blog, Nursing Home

While parents today may be generally informed that they could be liable for the debts of their children, they rarely consider whether they may actually find themselves on the hook for the debts of their parents. Did you know that over half of the United States have filial responsibility statutes on the books? This may come as a surprise to many people.

A filial responsibility law provides that an adult child has the responsibility to support his or her adult parent. The statutes vary between states. Arkansas requires only payment for mental health services and Connecticut only applies if the parent is under sixty-five. Meanwhile, a court in Pennsylvania entered a judgment of $93,000.00 against an adult son for his mother’s nursing home bill.

The positive news may be that, in most instances, these statutes are old laws that have not been repealed and are rarely enforced. Until they are removed from the books, however, the risk may be out there that these laws may be used as a collection tactic, as the gentleman in Pennsylvania discovered, much to his chagrin. Once one long-term care facility successfully utilizes the filial responsibility laws to collect from an adult child, it may only be a matter of time, until others follow suit.

The key takeaway here is to take a proactive, rather than a reactive, approach to filial responsibility laws. Having conversations with your parents regarding their finances, as well as, plans to cover the cost of a nursing home before the need arises, can be very important. If they have a long-term care policy, get a copy. It may also be prudent to be designated as their durable power of attorney to manage their finances should they become unexpectedly incapacitated.

An estate planning attorney can explain the filial responsibility laws in your state to you and your parents. In addition, the attorney can discuss options to safeguard against liability under these laws, such as Medicaid eligibility, long-term care insurance, life-insurance policies with long-term-care benefits or even the possibility of a reverse mortgage on your parent’s home. For more questions on this topic and related matters, please reach out to our office to schedule an appointment.

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bill@millerestateandelderlaw.com

Don’t Wait to Wonder, “Do I Qualify for Medicaid?”

Don’t Wait to Wonder, “Do I Qualify for Medicaid?”

by | Sep 14, 2020 | Blog, Medicaid, Medicaid Planning, Medicaid Qualification

do i qualify for medicaid

Medical emergencies can strike without warning. Martin’s family learned that when he suffered a major stroke and landed in the emergency room. He needed skilled, 24/7 nursing care. Unfortunately, he had never done any Medicaid planning or even wondered, “Do I qualify for Medicaid.” His family had to scramble to find ways to pay for his care until his Medicaid application was processed. Don’t be like Martin. As you consider whether you might qualify for Medicaid for the Elderly & Disabled or Institutional Medicaid, think about the following questions.

Do I have a physical or mental condition that meets Medicaid requirements?

To receive Medicaid for Institutional Care, you must be in the hospital, a nursing home, or an ICF-IID facility. Medicaid usually needs to see a doctor’s diagnosis for this type of care for it to be covered.

To receive Home and Community-Based Waivers, you must be “elderly, disabled, homebound, mentally disabled, or have certain medical diagnoses…”

As Medicaid caseworkers review your application, they will review your medical records to make sure you meet the medical requirements for the appropriate program.

Do I meet residency requirements?

Since Medicaid is a joint federal-state program, each state has some flexibility in how it manages its own Medicaid program.

To receive Alabama Medicaid benefits, you must be a resident of Alabama. Also, you must be a U.S. citizen or a qualified non-citizen.

Do you meet Medicaid’s income and resource limits?

These limits vary from program to program. However, the income and resource limits for E&D and Institutional Care are:

• Income limit: $2,030 per month
• Resource limit: $2,000 as of the first day of each month.

There are special rules for married individuals. When deciding whether you qualify for Medicaid or not, talk to an experienced Alabama Medicaid lawyer to make sure.

Answer the Question, “Do I Qualify for Medicaid?”

Discuss your circumstances with an experienced Alabama Medicaid lawyer.

Contact us at 256-472-1900 for a free consultation. The attorneys at Miller Estate and Elder Law know how to help you with Medicaid planning and with estate recovery concerns. Miller Estate and Elder Law is located at 818 Leighton Avenue in Anniston, but we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.

Also, receive a free download of Medicaid Planning in Alabama: What You Need to Know by completing the brief form below:


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256-472-1900

bill@millerestateandelderlaw.com

Three Signs It May be Time to Move into an Assisted Living Facility

Three Signs It May be Time to Move into an Assisted Living Facility

by | Sep 7, 2020 | Blog

Did you know that, at last count, there were nearly 29,000 assisted living facilities in the United States? Collectively, these facilities accommodate more than 996,000 licensed beds. This means there are plenty of options for older adults who can no longer live on their own, but do not yet need a nursing home. Even so, convincing an older loved one it is time to make the move may be easier said than done. Here, let us discuss three signs that time is at hand. 

1. Your loved one needs more help doing certain things than he or she did before. One of the most obvious signs that it may be time for an older loved one to transition into assisted living can be if he or she is having difficulty doing certain things. Consider helping an older adult make this transition if he or she needs a lot of help with: 

  • Shopping (for groceries and other necessities)
  • Household chores 
  • Making meals
  • Personal hygiene
  • Managing finances

2. There are significant behavioral changes that put the older adult at risk. A noticeable change in behavior can be another indication that it may be time for an older adult to move into an assisted living facility. This may be especially true if the new behavior potentially or actually puts the senior or caregiver at risk. These changes may occur gradually or suddenly, or as the result of certain medical conditions or because of a general cognitive decline as someone ages. Examples may include, but are not limited to, increased aggressiveness, forgetfulness, or the tendency to wander. 

3. You can no longer cope physically, emotionally, or financially. If you are an adult child and/or family caregiver, you clearly have a vested interest in helping your loved one maintain their independence as long as possible. Even so, there may come a time when you can no longer cope. You may have difficulty coping financially, emotionally, or physically. If looking after an older adult becomes too much, it may be time to think about having him or her move into an assisted living facility. 

This all being stated, no two sets of circumstances are exactly the same. The decision to move into an assisted living facility may be difficult, or an older adult may embrace the opportunity. In any case, it can be important to consult an experienced elder law attorney. He or she can help the senior and his or her family understand and plan for this transition. As always, you can turn to us with any questions or concerns.  Just call our law office to arrange an appointment. We look forward to hearing from you.

 

I Can’t Pay for My Medical Care. How Do I Apply for Medicaid?

I Can’t Pay for My Medical Care. How Do I Apply for Medicaid?

by | Aug 24, 2020 | Blog, Medicaid, Medicaid Qualification, Uncategorized

Almost 90 million American rely on Medicaid for health care benefits. In fact, Medicaid pays for more health care than any company in the United States. So, you may immediately think of Medicaid when you can’t pay for your medical care. You may be wondering, “How do I apply for Medicaid?” This article may provide an answer to this important question.

Choosing the Right Program

Medicaid does not just offer one benefit or one program. Alabama Medicaid offers several benefits, including:

  • Medicaid for Children
  • Medicaid for Parents and Caretaker Relatives
  • Medicaid for Pregnant Women
  • Medicaid for the Elderly and Disabled
  • Medicaid in the Nursing Home

As you can see, Medicaid has programs to cover Americans from the cradle to the grave. Also, many individual programs consist of more than one element. For example, Medicaid for the Elderly and Disabled (E&D) also offers Home and Community-Based Waivers and SSI-Related Programs.

Once you choose the programs you need, it’s time to apply.

Completing the Paperwork

The Alabama Medicaid website contains several applications and additional forms. Certain programs require or allow online applications. Choose the forms that you need for the program you want.

Another form – Tips for Applying for Institutional (Nursing Home) Medicaid – offers a list of documents needed. The form also offers tips for making the process a little easier.

The most important thing to remember is that your application must be complete, with all supporting documents.

Submitting the Application

The final step is getting your application to the right place:

  • Apply online if you are pregnant, applying for a child, or applying for Plan First Family Planning. You may also mail an application to P. O. Box 5624, Montgomery, AL 36103-5624.
  • Use a paper application to apply for nursing home care, home and community-based waiver program, or help paying for Medicare. You may also contact the district office or Customer Service Center for your county.

“How Do I Apply for Medicaid?” With Help from Someone Who Understands

Applying for Medicaid is time consuming, frustrating, and difficult. You can ease the process a little by finding an experienced Alabama Medicaid attorney.

The attorneys at Miller Estate and Elder Law have years of experience working within the Medicaid system. They help clients like you with Medicaid applications as well as advanced Medicaid planning.

Schedule a consultation with one of the attorneys at Miller Estate and Elder Law. Our phone number is 256-472-1900. We are located at 818 Leighton Avenue in Anniston, but we serve clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.

Also, take a look at some of the free guides offered on our website.