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The 3 Steps You Need to Take Right Away to Protect You and Your Family When You Get a Dementia Diagnosis

The 3 Steps You Need to Take Right Away to Protect You and Your Family When You Get a Dementia Diagnosis

Dementia Diagnosis

Key Takeaways | The 3 Steps You Need to Take Right Away to Protect You and Your Family When You Get a Dementia Diagnosis 

Ensure that your legal documents, such as a durable financial power of attorney and an advance directive for healthcare, are in order to protect you and your family in the event of a dementia diagnosis.

Make sure that all of your professionals—including financial advisors, doctors, and attorneys—are aware of the dementia diagnosis and are working together to meet your specific needs.

Explore the different care options available, such as in-home care, assisted living, and nursing homes; and consider how to pay for them through private pay, veterans benefits, long-term care insurance, or Medicaid.

Consider seeking the assistance of a long-term care navigation service to provide ongoing support and guidance throughout the dementia care journey.

Episode Notes:

In this episode, attorney Bill Miller discusses the three steps to take immediately when there’s a dementia diagnosis to protect you and your family. He emphasizes the importance of having the right legal documents in place, such as a durable financial power of attorney and an advance directive for healthcare. He also highlights the need for professionals—including financial advisors, doctors, and attorneys—to be on the same page and understand the specific needs of individuals with dementia.

Additionally, he explores the various care options available and how to pay for them, including in-home care, assisted living, and nursing homes. Finally, he introduces the long-term care navigation service offered by his firm to support families on their dementia care journey.

Notable Moments:

(00:00) Introduction and Disclaimer

(13:50) Step 2: Coordinating Professionals for a Comprehensive Dementia Care Plan

(26:33) Conclusion and Importance of Seeking Legal Assistance

 

 

 

 

 

 

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What Is a Special Needs Trust?

What Is a Special Needs Trust?

Special Needs Trust

Key Takeaways | What Is a Special Needs Trust?

Special needs trusts are designed to protect the benefits of someone who is disabled and on Supplemental Security Income or Medicaid.

There are two types of special needs trusts: first-party and third-party.

First-party special needs trusts are for individuals who receive an inheritance or settlement, and want to maintain their benefits.

Third-party special needs trusts are set up by someone else, such as a family member, to provide additional funds for the disabled person.

The Alabama family trust is a pooled special needs trust that can be used for both first-party and third-party situations.

Episode Notes:

In this episode, attorney Bill Miller discusses special needs trusts—also known as supplemental needs trusts—which are designed to protect the benefits of someone who is disabled and on Supplemental Security Income or Medicaid. He explains the two types of special needs trusts: first-party and third-party. First-party special needs trusts are for individuals who receive an inheritance or settlement, and want to maintain their benefits.

Third-party special needs trusts are set up by someone else, such as a family member, to provide additional funds for the disabled person. Bill Miller also mentions the Alabama family trust, a pooled special needs trust that can be used for both first-party and third-party situations.

Notable Moments:

(00:00) Introduction to Special Needs Trusts

(08:15) First-Party Special Needs Trusts

 

 

 

 

 

 

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Probate vs. Non-Probate Assets

Probate vs. Non-Probate Assets

Probate vs. Non-Probate Assets

Key Takeaways | Probate vs. Non-Probate Assets

Probate assets are solely owned by an individual and do not have any other legal way of transfer, while non-probate assets have designated beneficiaries or joint ownership.

The probate process can be time-consuming and expensive, often taking a minimum of nine months to complete.

Having a will does not necessarily avoid probate if there are assets that are solely owned and not covered by other legal transfer methods.

Avoiding probate can be achieved through beneficiary designations, joint ownership, or the use of trusts.

Episode Notes:

In this episode, attorney Bill Miller discusses the difference between probate and non-probate assets. Probate assets are those that are solely owned by an individual and do not have any other legal way of transfer, while non-probate assets have designated beneficiaries or joint ownership. Bill also highlights the probate process, including the responsibilities of the personal representative and the time-consuming nature of probate. He emphasizes the importance of having a will and the potential consequences of dying without one.

Bill explores the benefits of avoiding probate and provides various methods to achieve this, such as beneficiary designations, joint ownership, and trusts. He concludes by discussing the considerations in choosing between probate and non-probate plans, and the impact on business assets.

Notable Moments:

(00:00) Introduction and Disclaimer

(01:00) Understanding Probate and Non-Probate Assets

(05:27) Non-Probate Assets

(06:32) Probating a Will

(08:49) Difficulties of Estate Administration Without a Will

(10:15) Consequences of Dying Without a Will

(11:27) Challenges of Probate Process

(15:14) Methods to Avoid Probate

(18:11) Importance of Beneficiary Designations

(20:34) Choosing Between Probate and Non-Probate Plans

(21:35) Avoiding Probate for Business Assets

 

 

 

 

 

 

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The Medicaid Look-Back Period, Explained

The Medicaid Look-Back Period, Explained

Assisted Living vs. In-Home Care: Which is Better for You?

Life is full of surprises and, unfortunately, not all of them are pleasant. Health emergencies are among the most jarring and life-altering things that can happen to you and your family. An unexpected medical event can change just about every aspect of your life, from your ability to earn an income to your entire family dynamic. If you or a loved one finds themselves facing an unanticipated trip to a nursing home, it can also be extremely expensive. Qualifying for nursing home Medicaid is one of the best ways to protect yourself from running through your savings, but eligibility is a tricky situation which involves planning—thanks to something called the Medicaid look-back period.

What is Nursing Home Medicaid?

Nursing homes are often prohibitively expensive for most families, with yearly costs generally exceeding $100,000 a year. Nursing home Medicaid is a way for families to receive assistance that will help defray these costs. Medicaid will often cover 100 percent of most essential nursing home services; including room and board, skilled nursing care, meals, rehabilitation services, medications, and maintenance. Some services that may not be covered include private rooms and specially-prepared food. While most nursing homes do accept Medicaid, this is not always the case, so it is important to always check.

How Does the Medicaid Look-Back Period Operate?

Nursing home Medicaid is considered a last option, only available for patients who have no other resources when it comes to payment. For this reason, patients that do not plan ahead may use up their entire savings before they qualify for Medicaid. Medicaid planning, though, can ensure that this does not happen. Medicaid eligibility is based on financial need and is subject to both a monthly income limit and a limit in the number of countable assets you possess. The key to qualifying for Medicaid without running through your savings is to spend down your countable assets or transfer them into non-countable assets. This may involve gifting your money to loved ones, setting up a trust, or using several other Medicaid planning strategies.

The problem with spending down your assets, though, comes from what is known as the Medicaid look-back period. This means that, when you apply for Medicaid, your financial picture over the last 5 years will be taken into consideration. If you suddenly find yourself in need of nursing home Medicaid, you cannot simply gift all your assets to a loved one. Any assets gifted during the last five years for less than fair market value will be taken into account in your application and can lead to a period of ineligibility. If you suddenly find yourself or a loved one facing a health emergency and needing to qualify for Medicaid, there are options that you can take. However, the best way to plan for Medicaid is to gradually transfer your assets over a long period of time, so you don’t find yourself scrambling at the last minute.  None of this should be done without a legal strategy designed and implemented with the assistance of an Elder Law attorney who understands the Medicaid rules.

Either way, nursing home Medicaid planning can be a tricky business, but it’s essential to maintaining your family’s physical, emotional, and financial health.

Contact Miller Estate and Elder Law

If you have any questions about qualifying for nursing home Medicaid or the Medicaid look-back period, do not hesitate to contact the experienced attorneys at Miller Estate and Elder Law by calling (256) 251-2137 or by filling out the form below. We’re here to help protect you and your family!

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The Importance of Long-Term Care Planning

The Importance of Long-Term Care Planning

The Importance of Long-Term Care Planning

Key Takeaways | The Importance of Long-Term Care Planning

Long-term care costs are the number one threat to your home and life savings.

It is important to protect your spouse and family from the financial burden of long-term care.

Avoid making mistakes in long-term care planning that could prevent you from getting the care you need.

Consider asset protection strategies, such as a five-year protection plan, to qualify for Medicaid and protect your assets.

Start long-term care planning early and explore long-term care insurance options.

Episode Notes:

In this episode, attorney Bill Miller discusses the importance of long-term care planning and the potential financial impact of long-term care costs. He shares personal experiences of families struggling to pay for long-term care and emphasizes the need to protect one’s home and life savings.

Bill explains the limited options for paying for long-term care, including Medicaid, long-term care insurance, and out-of-pocket payments. He also highlights the importance of having the right estate planning documents in place and the benefits of asset protection strategies. The episode concludes with a recommendation for early planning and an exploration on long-term care insurance options.

Notable Moments:

(00:00) Introduction and Disclaimer

(01:00) Personal Experience with Long-Term Care

(04:05) Protecting Spouse and Family

(05:26) Avoiding Mistakes in Long-Term Care Planning

(07:37) Statistics and Costs on Long-Term Care Needs

(09:08) Importance of Estate Planning Documents

(12:09) Asset Protection and Medicaid

(14:18) Medicaid Qualification and Asset Limits

(19:58) Five-Year Protection Plan

(22:45) Asset-Based Long-Term Care Insurance

(30:25) When to Start Long-Term Care Planning

(31:21) Conclusion and Call to Action

 

 

 

 

 

 

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