by Bill Miller | Oct 4, 2018 | Medicaid, Medicaid Planning, Medicaid Qualification
Failing to qualify for benefits you desperately need is distressing. Yet benefit programs have to have limits and requirements. Take Medicaid. It provides much-needed benefits to eligible persons. Eligibility is based, in part, on income and resources, or property owned by the person applying for Medicaid. When someone needs help, but their income exceeds the Medicaid monthly income limit, what options do they have?
Medicaid, Generally
This federally-funded, state-administered program provides services for a wide range of people and needs:
- Children,
- Parents and other caretaker relatives,
- Pregnant women,
- People in need of family planning,
- Nursing home residents,
- Elderly and disabled persons,
- Medicare recipients who need help making their payments, and
- Women suffering from breast or cervical cancer.
However, people in need also must have income and resources below Medicaid’s limits.
Medicaid Monthly Income Limits
Different programs have different monthly income limits:
- Aged, blind or disabled people qualifying through SSI: $770 (single) or $1,145 (married).
- Nursing home residents: $2,250
- Pregnant women, children, and those who need family planning: $1,478 (family of 1) to $3,054 (family of 4)
- Parent and Caretaker Relatives: $183 (family of 1) to $377 (family of 4).
These income limits may change from time to time. You or your attorney should check the limits before applying for Medicaid.
When Income Exceeds the Medicaid Monthly Income Limit
Some people, especially those who need long-term care, may benefit from a qualified income trust. When this trust is used, the person who established the trust can move extra income into the trust, where it is no longer counted toward the Medicaid monthly income limit. The trustee may use the trust funds to pay for personal needs, a portion of the person’s nursing home bills, and monthly support for the benefit recipient’s spouse.
Does Your Income Exceed the Medicaid Monthly Income Limit?
At Miller Estate and Elder Law, we help our clients qualify for and keep their Medicaid benefits. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham and we assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 1, 2018 | Estate Planning
Some things we can do on the fly, spontaneously, on the spur of the moment. Other events require planning to make them run smoothly. Estate planning, as the name states, is about planning. Unless you are a psychic and can tell the exact moment you will need an estate plan, you need an estate plan NOW.
An Estate Plan Helps Your Family
Preparing a Will, general durable power of attorney, and advanced directive may not seem that important. However, it may help to think about what each of these documents does:
- A Will sets out the final wishes of the testator. This includes naming an executor, making specific gifts, naming a guardian if there are minor children involved, and more. When someone dies without leaving a Will, most of their property will be passed to heirs through a probate proceeding.
- A general durable power of attorney names a trusted person to handle the principal’s affairs if necessary. Without this important document, family members may have to ask a court to appoint a guardian or conservator to care for you if you become incapacitated.
- Advanced directives inform families and doctors of your wishes regarding medical treatment. Again, without an advanced directive, your family may have to ask a guardian to be appointed.
Because you thoughtfully prepared an estate plan, your family may avoid the stress and inconvenience of a prolonged court case.
Future Is Uncertain
Passing away is a certainty. We just usually don’t know when and how. That’s possibly the most compelling reason you need an estate plan now. An estate plan needs to already be in place before you need it.
How many times do we read about people, sometimes celebrities, who have passed away unexpectedly. And how many times did those same people not have the estate planning they needed? Advance planning would have helped their families deal with their loss.
Do It While You Can
Your estate plan doesn’t just deal with death. Your general durable power of attorney and advance directive can give you and your family peace of mind now. Injuries, serious medical conditions, and accidents can occur at any time, at any age. Make sure if the unthinkable happens to you, that your plans are in place.
Medicaid Is a Complex Program
Schedule a consultation with one of the attorneys at Miller Estate and Elder Law, and find out where you stand. Our phone number is 256-251-2137, or you may want to use the Contact Form on our website. We have offices in in Anniston and Birmingham and assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
by Bill Miller | Sep 28, 2018 | Business
One of the first thing you’ll do when starting a business is choose a business entity. Sole proprietorship, partnership, limited liability company, and corporation are the most common business structures. However, there are advantages and disadvantages to each of them, especially when it comes to completing the necessary paperwork. Corporations are considered the most difficult business structure. If you are thinking of starting a corporation, you may be wondering about filing your Articles of Incorporation.
Forming a Corporation
A corporation is a legal entity separate from its owners. To form a corporation in Alabama, the new business owner needs to prepare the following documents:
- Domestic Name Reservation form to file with the Alabama Secretary of State.
- Domestic Business Corporation Certificate of Formation, also known as the Articles of Incorporation. Attach a copy of the Domestic Name Reservation form.
- A corporate record book. Officers keep minutes of director and shareholder meetings here, along with stock certificates and stock certificate stubs.
- Bylaws that state how your corporation will operate.
In this article, we’re concerned with the Domestic Business Corporation Certificate of Formation a/k/a Articles of Incorporation.
Contents of Articles of Incorporation
The Articles of Incorporation are sometimes referred to as the “legal backbone” of a business. Alabama corporations must prepare and file a Domestic Business Corporation Certificate of Formation or Articles of Incorporation.
A company’s articles of incorporation typically includes the following information:
- The name of the corporation, which must include “corporation,” “corp.”, “incorporated,” or “inc.”
- The street address and mailing address of the corporation’s principal office.
- Name, street address, and mailing address of the registered agent.
- The corporation’s purpose.
- How many shares the corporation may issue.
- Names and addresses of each incorporator(s).
- Names and addresses of each director.
Once the Articles of Incorporation document is signed, it’s ready to file. Instead of filing with the Alabama Secretary of State, though, it is filed with the probate court in the county where the corporation has its registered office. Corporations may amend Articles of Incorporation if necessary.
Consult with an Alabama Attorney Before Filing Your Articles of Incorporation
The attorneys at Miller Estate and Elder Law make it their business to put their clients first. We help our business clients make thoughtful choices and put together the paperwork they need. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. Though our offices are in Anniston and Birmingham, we help clients in Talladega, Gadsden and surrounding communities.
by Bill Miller | Sep 26, 2018 | Medicaid
Medicaid provides benefits to millions of Americans. When someone with limited income and resources needs help, Medicaid may be the right place to turn. However, figuring out how to apply for Medicaid can be difficult.
Find the Right Medicaid Program
Although the federal government funds Medicaid, each state manages its own Medicaid agency. For example, Medicaid for Alabama residents is offered through Alabama Medicaid.
However, Medicaid is not just one program. Instead, benefits are provided to people in the following categories:
- Children,
- Parents and Caretaker Relatives,
- Pregnant Women,
- Elderly and Disabled,
- Nursing Home Residents,
- Breast and Cervical Cancer Patients,
- People in need of family planning through the Plan First Family Planning Program,
- People who need help paying for Medicare costs.
Once you know which category fits your situation best, it’s time to find the right application and instructions.
Qualifying for Medicaid
Just being a certain age or having a certain medical condition does not mean you are automatically qualified to receive Medicaid. People seeking Medicaid benefits must meet certain requirements first:
- Citizenship – must be an Alabama resident and be living in the United States legally.
- Income – rules vary from program to program, but an applicant’s income must fall within their state’s limit.
- Resources – the same is true for resources: the value of an applicant’s countable resources must be below their state’s limit.
- Medical Condition – programs also have different medical criteria that must be met.
For example, Jane applied for Medicaid for the Elderly and Disabled while living in Alabama so she meets the citizenship requirements for Alabama Medicaid. The income limit for the nursing home program is $2,250 per month or $1,145 for a married couple. Jane is single and makes $2,500 per month. At first glance, she appears to be ineligible for Medicaid. However, a lawyer with Medicaid experience might be able to help her find a way, perhaps by setting up a Miller trust to handle her excess income. As for resources, not all of her property will count toward the resource limit. Still, she seems to be under Medicaid’s monthly $2,000 limit. Since Jane is 83 years old and homebound as ordered by her doctor, she probably meets the medical requirements.
The Medicaid Application Process
Alabama Medicaid’s website contains forms needed to apply for the various Medicaid programs. You may apply online, by mail, or in person. However, send your application to one of Medicaid’s 11 district offices if you are applying for help with your Medicare premium, for nursing home or elderly or disabled benefits.
In addition to the application, you may also submit attachments like Form 204/205, which is used for applications to Elderly & Disabled programs.
Supporting documents may include proof of citizenship and identity, proof of income, information about countable resources, pension statements, benefit award letters, deeds, financial account statements and more. The process can get really complicated really quickly.
You May Need Help When You Apply for Medicaid
The application process for Medicaid is a difficult path for most people to navigate. 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 Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Sep 24, 2018 | Estate Planning
It is said you have to spend money to make money. Estate planning is not quite like that – you won’t make money writing an estate plan. However, most people save money with a complete estate plan.
Avoid Probate
Probate proceedings can cost thousands of dollars in fees. Estate plans can be structured so that most –and sometimes all – of the decedent’s assets pass without going through probate.
For example, assets transferred to heirs through a trust seldom pass through probate. Doing so preserves more of your estate for your loved ones.
Avoid Guardianships
Sometimes people need extra help taking care of themselves, and sometimes that help takes the form of a guardianship. However, before a court will appoint a guardian, paperwork must be filed. It’s also very likely there will be several hearings. An investigation may be conducted to make certain the person applying for guardianship is suitable. Fees related to guardianship proceedings can run into the thousands.
However, a general durable power of attorney allows the principal (the person signing the power of attorney) to name an agent to handle their affairs. The power of attorney may become active only if the principal becomes incapacitated. The cost of preparing a durable power of attorney is small compared to the cost of a guardianship.
Protect Assets
Estate plans sometimes include asset protection trusts. These are especially useful to people who may be vulnerable to claims from creditors, ex-spouses, and civil judgments.
With the right planning, as advised by an attorney, you may be able to save your assets for your family.
Incapacity Planning
It may seem difficult or counterproductive to put money into incapacity planning. Medicaid provides the most money for long-term care, and they have strict rules about eligibility. Without Medicaid, your loved one could spend every penny they have on long-term nursing care before However, using estate planning strategies, an individual can set up trusts and use other strategies to prepare for the high cost of long-term care.
Talk to an Attorney About Your Estate Planning Options.
The attorneys at Miller Estate and Elder Law use their experience and skills to help clients just like you prepare complete estate plans. We also help with Medicaid planning and estate planning. For a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form.
We also offer free guides, videos, and workshops.
We have offices in Anniston and Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
