by Bill Miller | Jul 10, 2018 | Business
Pete J. had always wanted to start his own business. He finally decided to take the plunge this year. After working for other companies for year, Pete knew that he would have to follow certain laws and regulations to get his business up and running. The first thing he had to learn was how to form a business in Alabama.
Alabama Business Entities
Understanding the different business structures allowed in the State of Alabama was important. There’s more involved than just whether you want your business to be called an “LLC” or a “Corporation.” Fortunately, Pete could choose from several types of businesses:
Sole Proprietorships have one owner. While sole proprietorships require very little paperwork and fees to form, there is no protection from liability. The business owner may have trouble raising capital and obtaining long-term financing. Still, some people may consider it their best option.
Partnerships have two or more owners and are fairly easy to form. However, at least one partner has unlimited liability and transferring or selling a partnership interest may be difficult.
Corporations are a separate legal entity apart from the owners. Liability is limited, and ownership interest is easier to sell or transfer. However, the corporation structure is more heavily regulated. Also, corporations are doubly taxed.
Limited Liability Corporations and Limited Liability Partnerships offer better tax status than a corporation with great liability protection.
Forming Your Business
The procedure used varies according to the business entity chosen.
Generally, the first steps are:
- Picking your business name.
- Filing a trade name or doing business as, although this is optional.
- Getting all licenses and permits needed for your industry.
- Applying for an Employer Identification Number.
Sole proprietorships and general partnerships do not have to file paperwork with the Alabama Secretary of State to start up. However, limited partnerships file a Domestic Limited Partnership Certificate in the county where they do business.
As we noted above, corporations require more work to get off the ground:
The corporation’s name must be available, meaning no one else is using it.
You must also file Articles of Incorporation, along with the Domestic Business Corporation Certificate of Formation and a Certificate of Name Reservation.
Choose a registered agent.
Prepare Bylaws. They don’t have to be filed with the State, but bylaws describe how a corporation will work.
It is critical to weigh the advantages and disadvantages of each type of business entity before choosing one.
Ready to Start Your Business?
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 Birmingham and we assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jul 6, 2018 | Estate Planning, Medicaid, Medicaid Planning
At age 98, Jamison truly is his family’s patriarch. His children want him to attend the annual family reunion. The problem? Jamison lives in Alabama. The reunion is in Texas. Although he does not live in a nursing home, Jamison requires some skilled nursing care and is legally blind. They are concerned that Jamison’s Medicaid benefits will not pay for medical services while he is away from Alabama.
Jamison’s family is right to be worried. Although the funds for Medicaid benefits come from the federal government, individual states manage Medicaid for their citizens. Jamison’s Medicaid benefits, then, are administered by Alabama Medicaid. Individual states are allowed to develop their own rules and regulations, as long as they comply with federal regulations.
It’s the Law
Federal law at 42 CFR 431.52 provides that state plans will pay for services provided to Medicaid recipients who are temporarily out-of-state. However, the following conditions must be met:
(1) Medical services are needed because of a medical emergency;
(2) Medical services are needed, and the beneficiary’s health would be endangered if he were required to travel to his State of residence;
(3) The State determines, on the basis of medical advice, that the needed medical services, or necessary supplementary resources, are more readily available in the other State;
(4) It is the general practice for beneficiaries in a particular locality to use medical resources in another State.
The law goes on. States are required to establish procedures so individuals who are eligible for Medicaid under another state’s program can receive medical services.
But It May Not Be Easy
Note that medical costs incurred during an emergency are covered. This means that individuals may be billed for services related to non-emergencies, unless that care fits the other criteria listed above. Also, the out-of-state provider has to enroll as a provider with the Alabama Medicaid Agency. And, finally, some services have to be pre-approved.
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 | Jul 4, 2018 | Estate Planning
Sometimes an estate plan no longer fits. Your life changes, sometimes without warning, and you have to act fast. When this happens, you need to know how to revoke your estate planning documents.
Basic Estate Planning
Three documents typically serve as foundation for an estate plan:
- Last Will and Testament (“Will”),
- Durable Power of Attorney, and
- Medical Power of Attorney.
These documents must comply with Alabama law in the way they are drafted and signed. But did you know there are laws about how to cancel them also?
Changing Your Mind and Your Documents
You may have several reasons for modifying your estate plans. For example, major life events trigger estate plan reviews and those reviews may lead to major changes:
- Marriage,
- Divorce,
- Birth,
- Death,
- Change in financial status,
- Change in family relationships,
- Agents or personal representatives need to be changed,
- Moving to another state
So, if you experience a major life event – or just change your mind – how can you revoke estate planning documents you already have in place?
Last Will and Testament. It’s possible to make minor modifications to your Will by preparing and signing a Codicil. This becomes an addition to your Will. Generally, your previous Will is revoked by any new Will you sign. You can also revoke a Will by any of the following means: burning, tearing up, cancelling, obliterating, or destroying.
Someone other than the testator can destroy the Will. However, the testator must direct the destruction or consent to it willingly before two witnesses.
Durable Power of Attorney. Authority granted under a power of attorney terminates if the principal:
- Dies,
- Becomes incapacitated,
- Revokes the power of attorney,
- Provided a specific termination date in the power of attorney itself,
- Provided a specific purpose for the power of attorney that has been accomplished.
It will also terminate if the agent dies or becomes unwilling or unable to serve. In addition, a fiduciary or a court may terminate the power of attorney. And if the principal and agent were married, the authority is revoked if the marriage is dissolved or annulled.
Medical Power of Attorney. According to Alabama law, the principal can revoke a medical power of attorney in writing, signed and dated. The power of attorney can also be destroyed by the principal. There should be at least one witness age 19 or older and the principal should state his or her intention is to revoke their power of attorney.
Review Your Estate Plans Regularly.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. 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 | Jul 2, 2018 | Medicaid, Medicaid Planning
Molly B. has struggled with chronic obstructive pulmonary disease (COPD) for years. Elijah J. has suffered from liver disease for years and now needs a transplant. And after her recent diagnosis, Hannah W. has questions about sickle cell disease. These people have something in common – they might benefit from Medicaid’s Health Home Program.
As a joint federal-state government program, Medicaid offers health benefits to qualifying individuals. Many people think of Medicaid when they face the need for nursing home care. Medicaid is much more than that, though. For example, the Health Home program.
The Details
Medicaid’s Health Home Program connects patients with the right services and resources. It also teaches patients about self-management and provides necessary transitional care. For some patients, Medicaid Health Home provides services to bridge medical and behavioral health services. This is by no means a comprehensive list.
The extra services provided by Health Home are offered, but not mandatory. Patients have the option of not accepting those services.
Eligibility
To receive benefits, the patient’s Primary Medical Provider (PMP) has to be contracted with the regional Health Home group. The patient also has to be enrolled in the Patient 1st Program.
Health Home services provides services in addition to support already received by the patient’s Primary Medical Providers. Patients who suffer from, or are at risk of contracting, the following chronic conditions often need an extra level of coordination between medical providers:
- asthma
- diabetes
- cancer
- COPD,
- HIV,
- mental health conditions,
- substance abuse,
- transplants,
- sickle cell disease,
- BMI over 25
- heart disease,
- Hepatitis C.
Hannah W. worried about how the combination of her sickle cell disease with diabetes would affect her care. Her doctor joined the Health Home program and directed her toward self-management resources and other programs that might help her.
How it Works
The Health Home group in the patient’s region will contact you to discuss their medical needs. They will let the patient know what services are available. The patient then has the right to refuse those services or accept. For example, Molly B. did not feel she needed any additional services and refused those offered by Health Home.
The patient will have to choose a doctor who is signed up with the Patient 1st program. After having been with the same doctor for years, Elijah J. was dismayed to learned that his doctor did not participate in the Patient 1st program. He had to decide whether to stay with him or move to another doctor.
This additional care is not permanent. The patient can cancel at any time.
The Catch? You Have to Be Receiving 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 | Jun 30, 2018 | Estate Planning
Margie’s move from Arizona to Anniston was exhausting. As she unpacked, she ran across the binder containing the estate planning documents she had drawn up years before in Arizona. She tucked them away in her home office, but later wondered if her out-of-state Will would still be valid under Alabama law. That was a good question to ask, because estate planning laws do vary from state to state.
Basic Will Terminology
A Last Will and Testament is commonly known as a Will. There are different types of Wills and Will provisions that may be used depending on the situation.
The person making the Will is called the testator.
Heirs may also be known as beneficiaries, inheritors, distributees, or devisees. No matter what you call them, they are the people who receive the testator’s property after death.
Probate is a legal proceeding held after the testator has passed away. During probate, the testator’s estate will be settled, which means that claims have been paid and property distributed to heirs.
An executor settles the estate of the testator through probate. Executors may also be known as personal representatives or administrators.
What Makes a Will Valid in Alabama?
The Code of Alabama spells out the law regarding Wills:
- Anyone who is age 18 or older and of mind can make a Will.
- Wills must be in writing, signed by the testator or someone directed to sign by the testator who signs in the testator’s presence.
- Will must be signed by at least two people who have witnessed the signing of the Will.
- Witnesses must be competent to act as witnesses. (Note: Wills are not invalid if witnesses also benefit from the estate. However, this practice is discouraged.)
Alabama Code does consider an out-of-state Will to be valid if it was considered valid under the other state’s laws. However, any major life event – like moving – should trigger a review of your estate plans.
Have Your Out-of-State Will Reviewed by an Alabama Attorney.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. 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.
