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.
by Bill Miller | Jun 28, 2018 | Business
Darrell K. owned a company that manufactured products for outdoor hobbies. As his business grew, he expanded his product line. In the coming year, he plans to hire a marketing director, a new business manager, and several scientists to research and test new product ideas. Darrell realized his company creates and maintains a lot of confidential information. He wondered if he needs to protect that information. His attorney suggested he draw up a non-disclosure agreement.
What is a Non-Disclosure Agreement?
This agreement, sometimes referred to as an “NDA,” is a legally binding contract. The parties to the contract agree to keep certain information secret, disclosing it only if given permission.
There are two distinct types of non-disclosure agreements:
- Unilateral NDAs are one-way agreements used when one party discloses secrets to another party. For example, Darrell has a meeting with potential investors and discussed new products in development. An NDA should protect his company’s trade secrets from misuse.
- Bilateral NDAS are mutual agreements to protect information that both parties have presented. As an example, Darrell meets with an entrepreneur interested in merging his company with Darrell’s. Both parties divulge information about their business operations. A bilateral NDA might be signed by both parties, agreeing to keep the other party’s information secret.
Non-Disclosure agreements usually state what information is to be protected and for what period of time. The parties typically add other provisions as needed.
When Are Non-Disclosure Agreements Used?
Sometimes employers ask employees with access to confidential information to sign non-disclosure agreements. Non-disclosures may prevent leaks about new products or marketing campaigns. In Darrell’s case, he asks his marketing director and scientists to sign NDAs. If these key employees left the company, the disclosure of inside information like marketing strategies and research could really hurt Darrell’s company.
Businesses often disclose sensitive information to banks when asking for loans. The same holds true when seeking new investors – data may be offered to help potential investors make informed decisions. For example, Darrell needs more capital for product development and asks his bank for a loan. The bank probably won’t give Darrell the money he needs unless they know his intentions.
Are Your Company Trade Secrets Safe?
The attorneys at Miller Estate and Elder Law assist clients with their business concerns, from forming the business to preparing contracts.
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 26, 2018 | Estate Planning
As we pass through life, we make memories, build families, and learn life lessons. Some memories may bring a smile to your lips and a tear to your eyes. Even if you’ve been entertaining and instructing family for years, it’s still time to consider writing an ethical will.
Isn’t My Regular Will Enough?
An ethical will may also be known as a legacy letter. It’s something in writing, a written expression, that your family may cherish for years. No matter how well you communicate, it’s unlikely you’ve told every family member every little thing about your life. Well, you can include those details, memories, and lessons in your ethical will.
Some of the things you may want to include are:
- Your complete family history.
- A detailed personal history.
- The theories, beliefs and opinions you hold dear.
- Things you’ve done that you are particularly proud of.
- Actions your loved ones have taken that made you proud, but you somehow never talked about.
- Lessons you learned from your parents, grandparents, aunts, and uncles.
- Secrets about your early years that may delight your family.
There’s no wrong way to write your ethical will. Remember, this is not a legally binding document like your Last Will and Testament.
Won’t Writing This Will Take A Long Time?
It’s probably not something you can do in one sitting. Spend some time reflecting on your life. Start a journal or diary and jot down what you think is important. Then, when you are ready, start writing.
Organizing your thoughts is more important than the format you use. You could sort your information into categories or include subheadings like “Our Family History” or “My Early Years.” Keep your ethical will safe by storing it with your other estate planning documents.
When Should I Write My Ethical Will?
That’s up to you and where you are in life right now. People just starting their life’s journey may want to start keeping a journal now. Others may just write their ethical will as important milestones happen.
Make Your Estate Plan Complete.
Estate planning documents give their makers an opportunity to state their final wishes, or what type of medical treatment they want, among other things. While it’s not a legal-binding document, an ethical will can be an important part of your estate plan.
The attorneys at Miller Estate and Elder Law help their clients develop comprehensive estate plans customized to meet their needs. 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 | Jun 25, 2018 | Estate Planning, trust
People really get a lot done with power tools. Sometimes we all just need little extra oomph. It’s like that in estate planning. Some people need a powerful estate planning tool – a trust. Do you need one in your estate plan?
Trusts 101
A trust is a legal entity created and funded by a settlor or trustor. The trust is administered by a trustee for the benefit of the trust’s beneficiaries.
Why Use a Trust?
Trusts can be revocable (you can change it) or irrevocable (changing is hard or impossible). Both are a powerful estate planning tool. Almost any property you own can be used to fund a trust.
Trusts allow assets to be transferred before and after your death. Some trusts are funded by the settlor. Other trusts are funded by the settlor’s Will.
People use trusts to avoid probate. Trust assets typically do not become part of a person’s estate, and so can avoid probate. Assets usually can be delivered more quickly to beneficiaries through a trust.
Trust can exist for generations. For wealthier families, this allows them to spread their wealth over the years, usually taking advantage of tax breaks.
A Trust for Everyone (Almost)
People who do need a trust have several types of trusts to choose from:
- Revocable Living Trusts are the most common trust. Settlors sometimes names themselves as trustee because they get to maintain control of the assets transferred to the trust.
- A Special Needs Trust, as the name states, is for people with special needs. Example: a 16-year old girl with cerebral palsy may need medical and vocation care for years. Her parents may set up a special needs trust to meet her needs for years to come.
- Miller Trusts, also known as Qualifying Income Trusts, are used by Medicaid recipients. Any income they receive in excess of Medicaid’s income limits is transferred to a Miller trust.
- Spendthrift trusts are often used to protect assets from beneficiaries who are vulnerable to creditors or civil judgments. This trust may also be used to protect an inheritance from an irresponsible heir.
- Charitable Remainder Trusts allow the settlor to donate money to a charity while receiving an annuity. The money used to fund the trust pays the settlor’s annuity until death or until the trust terminates. At that time, the remainder of the money goes to the named charity.
- Dynasty Trusts are used to pass wealth through generations while avoiding or reducing taxes
As you can see, trusts can serve many purposes depending on the settlor’s goals and can be a powerful estate planning tool. However, trusts can have negative consequences for settlors if not set up correctly. It’s best to consult with an experienced attorney before establishing a trust.
Learn More About Trusts.
The attorneys at Adams & Miller understand the estate planning needs of their clients. Contact Adams & Miller, P.C. 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.
