by Bill Miller | Aug 26, 2019 | Blog, Veterans Benefits
Veterans served their country well, now it is time for us to give back. Many wartime veterans need help, but don’t take advantage of all the benefits available to them. For example, Tom G.’s Army service include several tours in Vietnam. Now age 75, Tom’s eyesight is poor, and his physical condition has deteriorated. His family noticed signs that Tom was struggling. They decided to see if Aid & Attendance would help Tom.
What is Aid & Attendance?
This benefit offers assistance to eligible wartime veterans who need assistance with daily activities. Aid & Attendance is a monthly payment over and above the monthly pension the veteran may be receiving.
Housebound is a similar benefit but cannot be combined with Aid & Attendance benefits.
Who qualifies for Aid & Attendance benefits?
Wartime veterans who are eligible to receive a pension may also receive Aid & Attendance. However, they must meet the following requirements:
- Another person must help with daily activities such as “bathing, feeding, dressing, attending the wants of nature, adjusting prosthetic devices, or protecting yourself from the hazards of your daily environment.”
- A disability or disabilities require the veteran to remain in bed. However, bed rest prescribed for treatment or convalescence may not be covered by Aid & Attendance.
- Due to a mental or physical incapacity, the veteran is a patient in a nursing home.
- The veteran’s eyesight is limited to a corrected 5/200 or less in both eyes or to a concentric contraction of the visual field to 5 degrees or less.
When a veteran is faced with these difficulties, it may be time to apply for Aid & Attendance benefits. For example, Tom may qualify for Aid & Attendance because he is a wartime veteran who receives a pension and needs help with daily activities.
How can I apply for Aid & Attendance benefits?
As with many government programs, the application process can be difficult. You can apply by contacting your state Pension Management Center or by visiting a regional benefit office. The most important thing to remember is that you need to get your application right the first time you submit it.
We Can Help.
You and your family don’t need to go through the application process alone. We assist clients with Aid & Attendance, as well as Medicaid, estate planning, and probate.
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 | Aug 20, 2019 | Blog, Medicaid, Nursing Home
Everything seemed to happen in a split second. One minute, 88-year old Mary Elizabeth was living at home and appeared able to care for herself. Then her son, Jason, received a call from the emergency room. Mary Elizabeth had suffered a devastating stroke and needed the kind of 24/7 nursing care best offered in a nursing home. She moved immediately from the hospital to a nursing facility, but financing her stay was a problem. Jason quickly learned how fast he could get Medicaid for a nursing home resident.
The Basics of Medicaid for a Nursing Home Resident
We’ve all heard of Medicaid, but may not understand the finer points of applying, qualifying, and finding the services we need.
Medicaid is federally funded, but state managed. Programs and eligibility requirements may vary from state to state. Alabama Medicaid offers a program for Institutional Medicaid – or Medicaid for nursing home residents.
Qualifying as a Nursing Home Resident
For Jason to get Medicaid for Mary Elizabeth, she has to meet the following criteria:
- Mary Elizabeth must be a U.S. citizen residing in Alabama.
- She must prove that her nursing care is needed for a medical condition.
- Mary Elizabeth must live in the nursing facility for at least 30 continuous days.
- She must have a monthly income below the current limit of $2,205 per month, although this amount may be adjusted in January of each year.
- Mary Elizabeth’s resources must be worth less than the limit Medicaid sets. At this time, the limit for an individual is $2,000. However, there are exceptions to this, particularly if the applicant is married.
But applying for government benefits can take months. Mary Elizabeth and Jason urgently need Medicaid coverage now.
Emergency Medicaid
It make take 45 to 90 days for a Medicaid application to be approved. However, Medicaid coverage may be granted to cover up to three months before the month in which the application was submitted. This applies if the applicant received medical case and if the applicant meets all other eligibility requirements.
One of the best ways to quickly receive Medicaid is to submit an incomplete or inaccurate application. We can help.
Get a Decision on Medicaid as soon as Possible.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. Contact Bill Miller at 256-472-1900 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.
by Bill Miller | Aug 12, 2019 | Aging Parents, Blog
Did you know medical alert systems are life-saving technologies that have helped countless seniors over recent decades?
In fact, they are so valuable that August has been designated national Medical Alert Awareness Month.
Alert systems can vary depending on a senior’s needs, but almost all of them require the user to wear a device. This can be a pendant, a lanyard, a bracelet, or even some smartphones, but all of them include an emergency call button. When the button is pressed, an alert signal is emitted and emergency assistance is contacted.
How can you tell if an aging parent or senior loved one can benefit from medical alert systems?
By paying attention to warning signs. Seniors with serious medical conditions such as heart disease, epilepsy, Parkinson’s disease, dementia, Alzheimer’s disease, and diabetes are all candidates for the safety net devices, as are seniors with similar ailments. Other telltale signs can include:
- Frailty
- Diminished mental alertness
- Vision problems
- Balance issues
- A recent heart attack
- Falling or a near-fall
It’s also a good idea to speak with an aging loved one’s doctor about his or her overall health condition. Make sure to ask about potential concerns and related precautions. Medical alert systems may be effective solutions that could even allow for increased independence.
The safety technologies are most effective when combined with other aspects of elder care, particularly those that aging adults struggle to maintain, such as home clutter and tripping hazards. Complementing safety measures might include a decluttering plan, regular eye exams, senior-friendly exercise such as tai chi or balance training, and proper footwear.
Seniors who take medications with certain side effects could also benefit from an emergency alert system. For instance, medicines causing drowsiness, dizziness or imbalance can contribute to falls, which often result in broken hips and head injuries. In these cases, every second counts, and an emergency alert would summon help immediately.
No matter how careful seniors and their adult children may be, accidents and emergencies are a part of life. While older adults face elevated risks, medical alert systems provide one of the best ways to be prepared. There is never a wrong time to plan forward and we encourage you to reach out to our law office and schedule a meeting to discuss your elder care concerns.
by Bill Miller | Apr 9, 2019 | Long-Term Care, Medicaid
What Does Medicaid Pay For if You Need Long Term Care?
One question people always ask when it come to long term care expenses, what does Medicaid Pay For? Long-term care is expensive care – but also very necessary for some people. However, planning for Medicaid to cover all your long-term care needs may lead to some unpleasant surprises! Not everyone qualifies for Medicaid. Those who do qualify may find that some services are restricted or not even covered at all. Let’s look at what Medicaid will – and will not – pay for when it comes to long-term care.
General Services Covered by Medicaid
Some services may be restricted to certain patients or in limited quantities. However, the following services might be available to Medicaid recipients, including people who need long-term care:
- Outpatient hospital visits for lab work, x-ray services, radiation treatment, or chemotherapy.
- Chiropractic care in some situations.
- Eye exams and glasses, once every three calendar years.
- Psychiatrists that are Medicaid providers.
- Emergency visits for serious problems. Otherwise, ER visits are limited to three non-emergency visits per year.
For a full list of available services, see the Alabama Medicaid website.
Services Related to Long-Term Care
Most people think of nursing homes when they think of long-term care. However, it is actually a “variety of services designed to meet a person’s health or personal care needs during a short or long period of time.”
In general, Medicaid will pay for medically-necessary care. For people who with long-term needs, Medicaid may cover the following:
- Home health services,
- Hospice care,
- Private duty nursing,
- Targeted case management,
- Residence at long-term care facilities like nursing homes.
Special programs may be available for people who need some form of long-term care.
What Does Medicaid Pay For – Waiver Programs
Medicaid offers home and community-based waiver programs for certain Medicaid recipients. An applicant or recipient who meets the medical and financial eligibility requirements and need long-term care may be qualified.
Services That May Not Be Covered by Medicaid
Generally, Medicaid generally refuses to pay for the following procedures unless they are considered to be medically necessary:
Cosmetic surgery, breast lifts, tummy tucks, and liposuction.
In addition, Medicaid does not pay for medical services provided to people incarcerated in jail or prison.
Learn More About Paying for Long-Term Care
For a free consultation with an experienced Alabama estate planning attorney, contact us at 256-251-2137. 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.
Additionally, you may want to read Don’t Go Broke Paying for Long-Term Care, a free e-book available for download at your convenience.
by Bill Miller | Feb 25, 2019 | Estate Planning, Probate
When doing your estate planning, one question to ask is “will your estate go through probate?” It is said that nothing is certain except for death and taxes. Should probate be added to that list? There may be ways to avoid probate altogether.
Basic Information About Probate
Probate is a process through which a deceased person’s property is distributed to their heirs. Valid claims against the person’s estate are also paid during probate. An estate may have to go through probate whether the decedent left a Will or not. However, there are some exceptions.
The Alabama Small Estate Act allows personal property only to go through a summary distribution process without requiring full blown probate administration of the estate. There are rules and restrictions to dealing with a small estate, though. For one thing, if the estate own real estate, there cannot be a small estate administration. Additionally, the value of the estate must be minimal (nor more than $25,000 or so).
Also, not every asset
will become part of the probate estate. Some of the exceptions are listed
below.
Answering the Question Requires More Questions
To answer, “Will your estate go through probate?” ask
yourself the following:
- Do you own real estate? If the property is jointly owned with a survivorhip provision, it may pass directly to the other owner(s).
- Are you the sole owner of any property? If you are the sole owner of property, it will pass to your heirs through probate.
- Do you have any financial accounts or insurance policies? If so, have you named beneficiaries for these account? Since beneficiary designations bypass your Will, these accounts and your insurance policy do not become probate assets.
- Have you created and funded any trusts? Many people use a revocable living trust to pass property to heirs without the need for probate. Assets funded into the trust during the lifetime of the decedent will avoid probate. If the trust is created through a Will, (a testamentary trust) then the Will does go through probate and then the trust is created.
- Do you own other asset that will not pass through probate? It’s complicated. Some assets may pass to your spouse as their elective share of your estate.
The Best Way to Deal with Probate
Leave a complete, up-to-date estate plan behind for your family. The guidance you offer through your Will and revocable living trust is priceless. By doing proper planning, you can decide “will your estate go through probate” yourself.
At Miller Estate and Elder Law, we work with families everyday who are dealing with the probate process. We also work with people as they set up their estate plans. Contact us at 256-472-1900 and let us help you. We also do free workshops and offer free resources on our website.
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.
