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.
by Bill Miller | Nov 4, 2019 | Blog
The month of November is here. This means for Alabama seniors, and those who are Medicare beneficiaries, it is time for the annual Medicare Open Enrollment period.
This is the time of year when you may update, change, or find new coverage for yourself as a Medicare beneficiary.
This annual time occurs from October 15th through December 7th. It is critical for seniors and their loved ones to pay attention during this time as there are limited opportunities to change Medicare coverage outside this window of time .
Despite all the information surrounding the Medicare Open Enrollment period, many seniors and their loved ones are still surprised to learn what Medicare does not cover. During this time of year, every Medicare beneficiary needs to learn the ins and outs of his or her existing plan and verify if there are changes to coverage, providers, medications, co-pays, and other plan facets that could impact their health care circumstances.
Medicare has created a number of resources to help you during this time that you may access by clicking this link to the Medicare website.
What may be most important to know, however, is that in almost all circumstances Medicare will not pay for the cost of long-term care. The reason why is because Medicare is designed to be an acute payor system. Long-term care, and the associated costs, do not fit within this model. This means that for many seniors, who are counting on Medicare to help defray the cost of long-term care in the future, are not prepared for what the future holds.
How will you pay for long-term care should you need it in the future? Let us share some of the options available for you to pay for long-term care should you need it.
- Self financing and potential impoverishment. Long-term care inside or outside the home can cost thousands of dollars each month. Most families do not have it in their monthly budget or in their savings to be able to indefinitely afford this type of care. Yet, that is the situation many Alabama seniors are facing without advance planning. This is just one of the reasons why you need to meet with an elder law attorney as soon as possible so he or she can help you navigate this challenge.
- VA Pension. This is one of the benefits from the Department of Veterans Affairs that has nothing to do with disability or injury. Instead of being based on a compensation system, this is a monthly, tax-free benefit available to all veterans and their dependents should they meet a service record, health, income, and asset test. It may be used to help pay for the cost of long-term care. The qualification process was changed in October of last year and this is something you may also want to discuss with your elder law attorney.
- Medicaid. The Medicaid program exists to help seniors and their loved ones be able to afford the high cost of long-term care, such as care in a skilled nursing facility. To access these services there is, again, a health, income, and asset test associated and you will want to speak with your elder law attorney as soon as possible.
The first place to start is understanding what your existing health care coverage will or will not provide during this annual Medicare Open Enrollment time. Once you select the right plan for you for the next year, do not wait to schedule a meeting with an elder law attorney who can guide you through the complications that arise from the need to pay for long-term care. We encourage you not to wait to find the answers you need. Schedule a meeting with attorney William Miller at your earliest convenience.
by Bill Miller | Oct 21, 2019 | Estate Planning
When did you last review your estate planning documents? If you prepared a complete plan, you probably signed a Will, a durable power of attorney, and an advanced directive. However, maybe you signed all these documents years ago and you don’t know if they still fit your lifestyle. Read on to learn the 3.5 reasons to change your estate plan.
Reason #1: Your Finances Have Changed
Estate planning strategies vary depending on your estate’s value. If your net worth has decreased or, hopefully, increased substantially since your last estate plan review, review your plan with your estate planning attorney.
Reason #2: Your Family Structure Has Changed
Major life events typically trigger a good ol’ estate plan review. Marriages, divorces, births, and death – they all dramatically alter your family. It’s likely your estate planning goals are different, too. For example, the birth of a new grandchild might get you started thinking about college savings plans or even just adding the newborn to your Will or trust.
Keep in mind that it is not only your Will that might need some alterations. For example, if you are divorced, did you name your spouse or in-laws as agents or personal representatives in your durable power of attorney or advanced directive? If so, it may be time to name new ones.
Reason #3: You Haven’t Reviewed Your Plan in a Long Time.
Even someone with a fairly simple, ordinary, easygoing life faces triumphs and trials. It’s likely that your life right now is not the same as it was a year ago . . . or five years ago . . . and so on. Has your estate plan kept up with your life?
Reason #3.5: The Tax Man
Okay, this is only a .5 for a good reason: most of us will not need to escape the federal estate tax burden. However, this does not mean that you should ignore estate, gift, and income tax consequences of your plan:
- Tax laws could change, making your plan out-of-date.
- Watch for state estate tax and inheritance tax if you own property in another state.
- If your estate will even come close to the federal estate tax exclusion of $11.18 million per person, adjust your estate plan accordingly.
- So, pay attention, review your plan for tax issues, and watch for tax laws to change.
There’s No Time Like the Present. If you have not reviewed your plan in many years, this is the time.
Make an appointment to have your estate plan reviewed or to finally have a new plan prepared.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. Contact Bill Miller at 256-251-2137 to schedule an appointment. Though our office is now located at 818 Leighton Avenue in Anniston, we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
Check out our website for information and free resources.
