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.
by Bill Miller | Oct 10, 2018 | Elder Law, Medicaid
Jeanie lived several hours away from her parents, Norah and James. As they entered their 80s, Norah and James started needing a little more assistance, so they could stay in their home as long as possible. Unfortunately, Jeanie was unable to be with them as much as she would have liked. She started asking her friends whether her parents could get Medicaid to help with daily activities.
What is Medicaid?
It’s a needs-based government program. However, while most Medicaid funding comes from the federal government, individual state governments manage their own Medicaid agencies.
What are ‘daily activities?’
Officially, Medicaid calls these “Activities of Daily Living” or ADLs, which include:
Eating, bathing, dressing, caring for personal hygiene, toileting, transferring from bed to chair and vice versa, ambulation, maintaining continence, and medication management.
Health care providers may assess an individual’s ability to perform daily activities before deciding what type of care they need. For example, if Jeanie’s mom, Norah, is having trouble moving around the house, taking a bath, and remembering to eat, her medical providers may suggest she get someone to care for her.
Some people may also need assistance with Independent Activities of Daily Living (IADLs). These activities include meal preparation, using the telephone, doing laundry, making beds, dusting and vacuuming.
What services are offered?
When an individual needs assistance with ADLs or IADLs, Medicaid may pay for in-home and out-of-home assistance, medical supplies that help the individual perform ADLs. The services offered may depend primarily on the level of assistance needed with ADLs, but could include:
- Hiring skilled nurses to provide in-home care.
- Attending an adult day health services center.
- Transferring to an assisted living facility.
- Moving into a nursing home.
Medicaid also offers home and community based waivers. The Elderly and Disabled (E&D) Waiver Program assists people who are elderly and/or disabled. The person in need may get services like house cleaning, personal care, adult day health, adult companion, and home delivered meals.
Can Medicaid Help with Daily Activities?
Jeanie learned that Medicaid did indeed have programs that could provide her parents with the care they needed.
The attorneys at Miller Estate and Elder Law. help their clients get the benefits they deserve. 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 8, 2018 | Business
Doug and Jackie finished preparing the paperwork to start their new business, Alabama Technology Partners, Inc. However, it soon became apparent that they would need to write, review, and sign many different contracts and agreements in the course of their work. Doug and Jackie didn’t know much about common business contracts – yet.
Contracts, Generally Speaking
Any legally enforceable agreement between two or more parties may be considered a contract. However, contracts usually need to have the following elements:
- The parties must be competent to enter into the contract.
- The contract must state the purpose for making the agreement.
- A benefit of some sort must be exchanged between the parties.
- Mutuality of agreement must be present, which means the parties agree to form the contract.
- The parties must agree that contract is mutually binding.
Although Alabama courts may consider oral contracts valid under certain circumstances, it’s best to get your agreements in writing.
Some Business Operations Contracts
A business might use a contract during formation:
- A joint venture agreement states the responsibilities of each party to a joint venture.
- A partnership agreement formalizes the details of a partnership.
Business owners may face other contracts very early in the life of their company.
Regarding Sales and Purchases
Leases or mortgages may be necessary to acquire office and work space. Additionally, raising capital is often a concern, so the new business owners may sign contracts like security agreements and loans.
If the new company hires employees, there may be employment agreements, independent contractor agreements, non-disclosures, and non-competes to prepare.
Whether it’s hiring vendors or buying supplies and raw materials, it’s probable that the new owners will be writing bills of sale and purchase orders.
Some contracts will be simple forms. However, contract law can be very complicated. Drafting and signing an ambiguous or erroneous contract could very well have unintended consequences, like litigation.
Consult with an Alabama Business Lawyer
Doug and Jackie worked with their attorney to make sure their contracts were in order. The attorneys at Miller Estate and Elder Law have the experience to help with your business-related questions and concerns. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment or fill out our convenient Contact Form. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities.
by Bill Miller | Oct 5, 2018 | Estate Planning
Can you imagine letting a stranger make decisions that affect your loved ones? That’s what happens, however, when you pass away without leaving a valid Will. Like it or not, most if not all of your estate will go through probate. Without the guidance and instructions of your Will, a judge will decide how your estate will be distributed according to the intestacy laws of Alabama. Why let the state do your estate planning when you can do it yourself?
What Is Intestacy?
Intestacy is just a word that means someone died without leaving a Will. Even though there’s no Will, a deceased person’s estate will become probate estate assets – with some exceptions. For example:
- Beneficiary Designations. Financial accounts and insurance policies may name beneficiaries who will receive the funds in the account outside of the probate proceeding.
- Property Titles. Property may be owned jointly. If property is owned jointly with right of survivorship, the property typically becomes the sole property of the surviving owner(s) upon one owner’s death.
- Trusts. The deceased person may have transferred property to one or more trusts. Trust assets may pass to beneficiaries immediately upon the death of the trust grantor, depending on the terms of the trust.
Other assets typically become part of the probate estate. If there’s no Will, property passes according to Alabama law.
Sometimes, that’s a problem.
How Does Property Pass If There’s No Will?
If there’s a surviving spouse, then he or she typically is entitled to at least part of the estate. The Alabama Probate Code lays out the following progression:
- When the decedent left children behind, the estate passes based on whether they are the children of the surviving spouse also.
- When the decedent was not surviving by spouse or children, then his or her parents will inherit.
- If there are parents either, then to the children of the decedent’s parents. Usually, that will be the decedent’s siblings.
- And so it goes. Next in line would be the grandparents, then descendants of the grandparents.
- If there are no heirs, then the estate passes to the State of Alabama.
This is a simple explanation of laws that can be quite complicated.
It’s all carefully spelled out in the Alabama Probate Code. However, the person who passed away may not have wanted their estate to be distributed according to state law. By failing to leave a Will, though, the decedent lost the opportunity to state how their estate would be distributed.
Avoiding Intestacy
It’s fairly simple – prepare and sign an estate plan! Then remember to review it every so often and definitely after any kind of major life event.
The attorneys at Miller Estate and Elder Law help clients like you develop estate plans that meet their needs. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We also offer free workshops and guides with more information about topics that matter to you. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
