by Bill Miller | Oct 22, 2018 | Business
Sometimes we know something exists, but don’t know how to get to it. For example, Bart and Beatrice were in the early stages of planning their new business. They had heard of limited liability companies, or LLCs, but had no idea how to form an Alabama LLC. Bart and Beatrice need to find out what an LLC is, whether it is the right business entity for them, and what steps they must take to form one.
LLC: One Type of Business Entity
Generally, a business will be one of the following structures:
- Sole proprietorship,
- Partnership and limited partnership
- Corporation (profit or non-profit),
- Registered limited liability partnership,
- Limited liability partnership, and
- Limited liability company (LLC).
Each structure varies, usually in management, ownership, formation, and taxation. But we are specifically interested in the LLC structure.
Owners of LLCs enjoy the following advantages:
- Personal assets are protected from LLC obligations.
- Formation is fairly easy and inexpensive.
- Avoiding the double taxation structure of corporations.
State laws vary on forming a business. The Alabama Secretary of State website offers some assistance.
Forming an Alabama LLC
To get your business entity started, you’ll need to do the following:
- Research your business name. and file a Certificate of Name Reservation. Then, you will file this with the county probate judge where the LLC’s office is located. Note that your business name must include the words “Limited Liability Company” or LLC.
- Next, file the original and two copies of a Certificate of Formation. Again, this is filed in the county where the LLC maintains a registered office.
- Always check with the probate judge or clerk’s office before filing any documents. For example, you may need to file the original and several copies. Also, not all judges collect fees for the Secretary of State’s office.
Once your LLC is formed, you can get down to business!
Learn More About How to Form an Alabama LLC. Talk to an Alabama Business Lawyer.
At Miller Estate and Elder Law, we make it our business to put our client’s needs first. We assist our clients in making legal decisions regarding their business interests. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and we assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 19, 2018 | Medicaid
As they age, many people prefer to remain independent and stay in their own homes, even if they need skilled nursing assistance. Although home health care is less expensive than residential 24/7 care, the cost is still high for many people. If you or a loved one need home health care, it’s important to answer the question, “Does Medicaid pay for home health care?”
Medicaid: The Basics
You very likely have heard of Medicaid. Although many people confuse Medicaid and Medicare, they are completely different programs.
Medicaid is funded by the federal government. However, each state manages their own Medicaid program. In fact, states may vary in the type of coverage they offer.
Medicaid Home Health Care Programs
Alabama Medicaid offers a wide range of services to people who qualify for Medicaid. Several programs provide coverage for care given at home:
- Elderly and Disabled (E&D) Waiver Program. As you can tell from the name, this program provides services for Medicaid recipients who are elderly and/or disabled. In fact, a person who needs a level of care typically given in nursing homes may qualify for this program. Services includes homemaker services, personal care, skilled and unskilled respite care, home delivered meals, and adult companion services.
- State of Alabama Independent Living Waiver (SAIL) Program. An adult who wants to stay at despite qualifying for nursing home care may be accepted into this program. However, this program is for people with certain specific medical conditions. While not a complete list, the following diagnoses are covered: traumatic brain injury, multiple sclerosis, muscular dystrophy, substantial neurological impairments, debilitating diseases, and rare genetic disorders. Recipients may receive personal care services, environmental accessibility adaptations, and medical supplies, assistive technology, to name a few.
- Alabama Community Transition (ACT) Waiver. This program helps Medicaid recipients currently in residential care transition to a home or community setting. Services include transitional assistance, personal care, homemaker, home delivered meals, skilled nursing, and medical equipment.
Home Health Care for Other Disabilities
In addition, programs for intellectual disabled individuals offer assistance in living at home or in a community setting:
- Home and Community-Based Waiver for Persons with Intellectual Disabilities (ID). This program assists people who are at least age 3 who have been diagnosed as mentally retarded. In addition to Medicaid income and resource qualifications, individuals must need intermediate care facility care and have an IQ of 70 or lower. This program provides a number of services, including group home facilities, supported employment, physical therapy, companion services, personal care, skilled nursing, and specialized medical equipment.
- Living at Home (LAH) Waiver for Persons with Intellectual Disabilities. Again, individuals in this program mentally retarded and at least 3 years old. Services include personal care, prevocational services, occupational therapy, skilled nursing, specialized medical equipment and supplies.
Of course, knowing about these home health care programs is not enough. You have to be a Medicaid recipient first.
Applying for Medicaid Can Be Frustrating. We Can Help.
The application process for Medicaid is a difficult path for most people to navigate. However, the attorneys at Miller Estate and Elder Law help many of their clients every step of the way.
For a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 17, 2018 | Business
When two things are similar, yet distinctly different, choosing between the two can be difficult. Take non-compete and non-disclosure agreements, for example. It’s important to know the difference between the two to make sure your business is as protected as possible.
Legally Speaking
Non-compete and non-disclosure agreements are both contracts. The parties signing the agreements intend to protect something. Non-compete agreements may protect a company against unfair competition while non-disclosures protect a company’s confidential information.
These agreements are not mutually exclusive. In other words, a business owner may use a non-compete, a non-disclosure, or both. It just depends on the situation.
Employers Use Non-Compete and Non-Disclosure Agreements
A business owner may have employees sign a non-compete agreement, often on or before their first day at work. The employee, then, is prohibited from working for competitors or from starting their own business within an industry or geographic area.
Additionally, companies typically maintain information that should be kept confidential. For example, sales strategies, client lists, reports, new product details, and research results may be safeguarded from accidental or intentional disclosure. An employee who signs a non-disclosure agreement is agreeing not to share or misuse their employer’s confidential information.
An employee may sign both a non-disclosure agreement and a non-compete. Although the non-compete is probably most often used with employees, companies sometimes use non-disclosure agreements for other reasons.
Other Business Uses for Non-Compete and Non-Disclosure Agreements
The basic use of a non-disclosure is to prevent the inappropriate distribution of confidential information. Employees are not the only parties that may be asked to sign a non-disclosure.
Non-disclosures may also be used during negotiations, collaborations with other companies, and discussions with potential investors or lenders. There are two basic forms of non-disclosures:
- One Way agreements are used when only one party has provided confidential information.
- Two Way agreements are used when two parties exchange information.
For example, a company sharing confidential data while raising capital may require the other party or parties to sign a non-disclosure. However, companies involved in a merger negotiation may both be required to sign non-disclosures.
Talk to an Attorney About Your Non-Compete and Non-Disclosure Agreements
The attorneys at Miller Estate and Elder Law assist clients like you with their business concerns. a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form.
We have offices in Anniston and Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 15, 2018 | Medicaid, Medicaid Planning
Have you ever looked for something, thinking it was far away only to learn it was right there in plain sight? If you or a loved one needs help with Medicaid, it’s important to understand why hiring an Anniston Medicaid lawyer may be best.
As an example, let’s look at Brad and Angie’s situation. They live in Oxford, but Brad’s elderly parents still live in Anniston. His parents need to apply for Medicaid. Brad and Angie are confused by the paperwork and think of hiring a Birmingham Medicaid attorney. Then they start looking into reasons to hire an Anniston Medicaid lawyer.
Location, Location, Location
Sure, you could hire an attorney that’s an hour away, but why? Think of all the time you would waste driving back and forth when assistance may be right in your own backyard. Brad and Angie may have more time for their family, his parents, and themselves by hiring an attorney in Anniston.
Knows the Community
An Anniston-based lawyer knows more than where to find the best BBQ in town. A local attorney knows and understands local people, cultures, and laws.
Why is this helpful when Medicaid is administered by a state agency?
Because you or your loved one may need Anniston-based nurses and at-home care workers. If you are checking out nursing homes in the Anniston area, your Anniston Alabama lawyer may be able to point you toward a facility that meets your needs.
For example, Brad and Angie needed to find someone to help with in-home care. Their Anniston Medicaid lawyer networked regularly with healthcare providers at all levels and provided some input.
Well-Known in the Community
Medicaid planning and application is not easy, so you need someone you can trust. When you choose an attorney who’s close to home, it’s that much easier to check out his or her reputation.
An Anniston Medicaid lawyer may even attend local churches, participate in local charities, or serve with the Calhoun County Bar Association.
Brad and Angie looked online for an Anniston lawyer, but also talked to family and friends in the area. They hired an attorney with an excellent reputation in the community.
Talk to an Anniston Medicaid Lawyer
If you or a loved one need Medicaid, look no further than Adams & Miller, P.C. We offer our clients the individual attention they need. The attorneys at Adams & Miller, P.C. assist clients probate whether the estate is large or small. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 12, 2018 | Caregivers, Elder Law
Louise provided in-home services for an elderly couple, Leonard and Amelia. Five days a week, she helped the couple bathe and dress, cooked, did some light housekeeping, and helped manage their prescriptions. Louise felt that most of the couple’s medical needs were being met. As a caregiver, she did have some legal concerns about her patients.
The General Durable Power of Attorney
Caregivers may closely watch their clients’ medical conditions. They may see their patients gradually deteriorate to the point of incapacity. Before this happens, a caregiver may suggest the patient sign a general durable power of attorney.
This document gives the patient the opportunity to plan ahead for his or her financial affairs. The principal – the person signing the power of attorney – can name a trusted person to make financial decisions and pay bills. As long as the power of attorney is ‘durable’ the authority granted continues even if the principal becomes incapacitated.
Patient Needs a Health Care Power of Attorney
A caregiver understands the important of having an advanced directive or health care power of attorney. Like a general durable power of attorney, the person signing the document names a trusted person to make decisions for them. In this document, however, the agent is given authority over medical decisions.
Patient Needs to Apply for Government Assistance
Sometimes patients need long-term care. The caregiver may realize that the patient would benefit from government programs like Medicaid and VA benefits. There’s even a Medicaid program designed for family caregivers.
Navigating government benefit programs can be difficult and frustrating. It helps to have someone on your side.
Patient Needs to Hire an Attorney
Which brings us to getting someone who can help with the other three concerns: a lawyer. A caregiver may see a need for a patient to consult with an attorney. One thing to be careful of, however, is to avoid any appearance of undue influence over the patient.
The attorneys at Miller Estate and Elder Law efficiently assist their clients with their estate planning, Medicaid applications, and probate. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
