by Bill Miller | Jan 6, 2020 | Blog, Long-Term Care
When you think about your New Year’s Resolutions, what comes to mind? Is it the tried and true: get healthy, lose weight, and spend more time with family and friends? Do you find yourself focusing more on setting business or personal goals? When it comes to the future, how far out are you planning? This year? Next year? Or five years down the line?
While we find that most of us share similar resolutions for personal improvement and spending more time with loved ones, we often find that most of us are not looking far enough into the future. Our goals address our needs now, not twenty to thirty years from now. Further, most of us do not contemplate the potential need for long-term care of any kind.
Unfortunately, during this time of celebration and planning, we can tell you that there is never a wrong time to plan for potential long-term care needs. This planning, whether in the New Year or not, needs to be undertaken sooner rather than later. After all, where you are thinking about personal goals and planning for loved ones, this must include a look at your potential future in any setting.
Research tells us that less than fifty percent of all Americans today do not have any form of estate planning. We are also told that half of two-thirds of all Americans will need some form of long-term care in the future. Combined, these factors are a recipe for disaster. In the former scenario, you have not made any plans to protect yourself or your loved ones. In the event of incapacity, there will be no legal documents in place to give a trusted loved one the legal authority to make your financial and health care decisions. Your future decision making may then require court involvement, which can be time consuming and costly, to allow anyone to have authority to make your decisions.
The latter planning scenario is perhaps even more concerning, yet we find many people have not started long-term care planning in any form. This is the type of planning in which you and your elder law attorney work together to ensure that in the event of long-term care crisis you, and your loved ones, know how to both find the right care for you and are able to afford it. Unfortunately, many people do not realize that Medicare will not pay for the majority of the high costs associated with an assisted living facility or skilled nursing facility, and they will be forced to pay for it out of hard earned savings.
You do not want to leave yourself, or your loved ones, in a position of not knowing what to do in the event of your incapacity or death. You can plan ahead and make these decisions early to ensure that you are provided for under any possible future scenario. We can help you create an estate plan and a long-term care plan that is able to support you now, and in the future when your needs may change. Do not hesitate to contact our law firm now, or any time throughout the New Year.
by Bill Miller | Dec 12, 2019 | Aging Parents, Blog, Nursing Home
There is never a wrong time to visit a loved one who is in a nursing home. Simply seeing the visitor or family member may be more meaningful to the person confined to the long-term care facility than you know. With that said, each of us needs to be prepared as our loved one may find it difficult to effectively communicate due to his or her unique health concerns.
Despite there being little communication during the visit, oftentimes, just being present with a family member or friend can be satisfying to the patient. We know you may have questions on the ”right way” to visit with a loved one. We want you to know that there is no one “right way” but the following are some suggestions on how to make a visit to a person confined to a long-term nursing home meaningful.
As a visitor, you want to consider bringing with you items that can be of interest to the patient. For example, if the patient previously had a pet, it could be meaningful if the visitor brought his or her pet for a visit with the patient at the nursing home. Similarly, if the patient enjoyed music or played a musical instrument, the visitor could bring a cassette player and discs to play music that would be meaningful to the patient. Simply reading aloud can also be helpful.
Oftentimes, as nursing home residents decline, they lose the ability to communicate. Unfortunately, we see that this is a time when many families stop visiting as often because they do not know what to say or how to make the visits meaningful for the family, as well as their loved one. It can also be difficult to see a loved one when he or she cannot communicate. It is crucial to remember again that just being present can be rewarding for all involved.
Talk with your loved one about events going on in the community or family. Even if they are nonverbal, do not assume they cannot understand. Just hearing your voice could bring comfort and keep them connected with the outside world. It may also be helpful to prepare or purchase a special food or dessert they love or of an ethnic origin that is not offered at the nursing home. Before you do this, however, you will want to be sure that the dietitian and physician agree that the patient can tolerate this new food.
Looking at old family picture albums with a patient may be meaningful. This may cause the patient to reminisce about past life experiences. Bring in old family photographs and scrapbooks, if you have them. The patient may enjoy just listening to you explain the pictures and the memories.
We know this article may raise more questions than it answers. We are here to answer your questions on this or any elder care issue you may be facing. We guide and work to protect families throughout our community to ensure that they have the long-term care support they need. Do not wait to schedule a meeting with our team.
by Bill Miller | Dec 2, 2019 | Medicaid, Medicaid Planning
The new year is more than a time of partying, recovering from Christmas, and figuring out how to pay our credit card bills. For many of us, it’s a time of reflection. We can use the new year as motivation to review our lives and make some necessary changes. For many of us, Medicaid planning for the new year should be top priority.
Why is Medicaid planning necessary?
For one thing, long-term care is expensive. According to Genworth statistics, the 2018 costs for long-term care in Alabama are:
$3,241 per month for Home Health Care
$3,271 per month for an assisted living facility
$6,279 per month for a semi-private room in a nursing home
$6,661 per month for a private room in a nursing home
You have three basic ways to pay for long-term care:
- Self-pay,
- Long-term care insurance, or
- Medicaid and other government benefit programs.
Without proper planning or insurance, the nest egg you spent years building could evaporate quickly.
What does Medicaid planning involve?
When you engage in Medicaid planning, you are making it more likely that you will qualify for Medicaid. To qualify for Medicaid:
- Your income must be below Medicaid’s income limit. In 2018, an applicant could make no more than $2,025 per month.
- You must have resources worth less than $2,000 on the first day of the month. Not all of your property will be considered resources.
- Medicaid or Medicaid must medically approve you.
- Finally, you must be a United States citizen and live in Alabama.
Medicaid planning primarily concerns meeting the income and resource limits. To do so, you can reduce your countable assets. However, Medicaid does not just look at your current financial situation. They actually employ a “look back period” which means they look at your finances for the 60 months prior to your application date. Any gifts or transfers made during that 60-month period may delay or minimize your Medicaid benefits.
How should I start Medicaid planning?
Immediately, of course! It is the New Year after all. Seriously, though, it is impossible to know when might need Medicaid. If it happens less than 60 months from right now, your ability to qualify could be jeopardized.
The attorneys at Miller Estate and Elder Law have the experience and skill to get your Medicaid planning in shape for the new year. To make an appointment to learn more about Medicaid planning, give us a call at 256-472-1900. Miller Estate and Elder Law is now located at 818 Leighton Avenue in Anniston, but we serve clients in Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Nov 18, 2019 | Blog, trust
As Tom and Jessica worked on their estate plan, a friend suggested the look into creating a trust. Tom laughed because, obviously, on rich people need trusts. However, he and Jessica started researching trusts and learned, to their surprise, that many people can benefit from adding a trust to their estate plan.
Trusts, a Common Estate Planning Tool for the Masses
People can talk about trusts all day long, but not really understand them. One definition of ‘trust’ states that it is “an entity created to hold assets for the benefit of certain persons or entities with a trustee managing the trust . . .” What this really means is:
A grantor (also known as a settlor) signs a trust document creating the trust and naming a trustee to manage the trust assets for one or more beneficiaries.
Some trusts can be changed easily (revocable), while others are difficult or impossible to alter (irrevocable). One thing common with all trusts is that they have to be funded, that is, have assets transferred to the trust.
Sure, Some Rich People Need Trusts, but not Only Rich People
Some trusts actually are more suited for people who have to worry about handling their high net worth. However, there are options that suit the rest of us:
For example, revocable living trusts offer benefits that don’t require wealth:
- Probate Avoidance. No matter the size of your probate estate, avoiding probate is usually best. When you transfer your assets to a revocable living trust, they may pass directly to your heirs without the need for probate.
- Avoid Guardianship or Conservatorship Proceedings. Again, this is not a “rich person” thing. Anyone can become incapacitated and need a trusted person to care for them.
- Confidentiality. As your Will passes through probate, it becomes part of the public record. In most jurisdictions, almost anyone can view your Will. However, the terms of a trust usually remains confidential.
Find Out if a Trust Is Right for You.
Whether you need a trust or not depends on your particular circumstances. The attorneys at Miller Estate and Elder Law know how to help you with estate planning and probate. For a free consultation, contact us at 256-472-1900. Miller Estate and Elder Law is now located at 818 Leighton Avenue in Anniston, but we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
Also, visit our website to learn more about our free workshops and guides.
by Bill Miller | Nov 7, 2019 | Blog, Long-Term Care
Government benefits sometimes are difficult to find. Many programs exist and there’s just no way to know about all of the ones that might help you. For example, wartime veteran Alan L. had great difficulty taking care of himself as he approached age 75. His concerned family searched for programs that might help him. They decided to learn how to apply for Aid & Attendance.
What is Aid & Attendance?
This benefit program is provided to certain wartime veterans in addition to their monthly pension. To qualify, a wartime veteran must:
- Be eligible for the Veterans Administration (VA) basic pension;
- Require another person to help with daily living activities like bathing, dressing, feeding, and adjusting prosthetics;
- Be required to stay in bed due to a disability or disabilities;
- Be living in a nursing home because of mental or physical incapacity; or
- Have very limited eyesight.
If you notice any of the above-mentioned warning signs, the next step is applying. For example, our friend Alan mentioned above already receives his basic veteran’s pension. In addition, he needs help every day with very basic but necessary activities, including keeping him safe in his home. He may soon be moving to a nursing home. Alan and his family could really use some help paying for care that meets his needs. Considering everything, Alan is probably eligible for Aid & Attendance. Now, he just has to apply and qualify.
Navigating the Application Process
Like most government benefit programs, knowing how to apply for Aid & Attendance is difficult. To apply for Aid & Attendance benefits:
- Write to the Pension Management Center or visit the local regional benefit office to file your request for benefits.
- Include evidence validating your need for Aid & Attendance. It’s recommended that you present a report from your attending physician that states your needs and how well you currently get around.
The time from application to approval usually takes 6 to 8 months, although benefits occasionally may be approved in less time.
Get the Benefits You Deserve. We Can Help.
Don’t let DIY estate planning stand in the way of receiving benefits you deserve. Schedule a consultation with one of the attorneys at Miller Estate and Elder Law. Our phone number is 256-472-1900. Miller Estate and Elder Law is now located at 818 Leighton Avenue in Anniston, but we serve clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
