by Bill Miller | Jun 13, 2018 | Elder Law, Estate Planning
As parents grow older, we become more involved in their lives. But your involvement should go beyond picking up the groceries and mowing the lawn. It’s time to find out if your parent has the right life care plan.
You say tomato, I say tom-ah-to.
‘Life care plan’ is another way of saying ‘estate plan.’ Either way you say it, estate planning is one of the most important processes you’ll go through.
Estate planning documents don’t just set forth how your parents want their property to be disposed of after death. Documents like a durable power of attorney, health care power of attorney, and living will dictate how your loved one’s golden years will unfurl.
The right estate planning documents can:
- protect your parent’s assets so they can pay for long-term care or leave an inheritance to their children;
- keep them from having to go through a guardianship or a conservatorship;
- assist in paying for long-term care; and
- provide critical information to medical providers.
But how will you know if your parent’s plans are right?
Talk to them.
Discussing topics like long-term care and death is never easy. However, your parents won’t be around forever. So, sit down and talk with them, go over any estate planning documents they’ve made. If they’d like, make an appointment with an attorney who can tell them whether their plan is still good to go.
Another benefit to talking to your parents? You give them the opportunity to state their wishes regarding medical treatment, end-of-life care, and funeral arrangements. Talking and planning may give them a great sense of relief.
Help them help themselves.
Maybe you have an older parent facing elder law issues. Maybe you are looking ahead to your own future. Either way, it’s important to know what rights and protections are available for senior citizens. Schedule a consultation with one of our attorneys 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 Anniston and Birmingham and assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
For more information about estate planning, please take a few moments to check out the videos on our website and YouTube channel.
by Bill Miller | Jun 12, 2018 | Medicaid, Medicaid Planning
You may be wondering, “What are the chances I will ever need Medicaid.” Well, about 72 million people received Medicaid benefits in 2017, including younger disabled people, pregnant women, children, and older adults. About 52 percent of people currently age 65 will need long-term care in the future. Many of these people will need help paying for that care. Even people who are currently in good health should start thinking about their five year plan for Medicaid eligibility.
Who is eligible for Medicaid benefits?
Caseworkers review several factors to determine an individual’s eligibility for Medicaid. Each Medicaid program has different requirements. We’ll just be considering two programs: Medicaid for Elderly & Disabled and Medicaid in the Nursing Home.
To receive Alabama Medicaid benefits, applicants have to meet medical, income, and citizenship requirements. An individual might meet those requirements if they:
- Are medically proven to need nursing home care;
- Have lived in the facility for more than 30 continuous days;
- Have a monthly income less than the limit, which is currently $2,205;
- Own resources valued below the current limit; and
- Are citizens of the U.S. and Alabama.
What might block Medicaid eligibility?
Sometimes eligibility is denied for preventable reasons.
For example, Medicaid reviews income and expenses for the 60 months prior to the application date. Large transfers of property or income during that 5-year time frame – the “look back” period – could make the applicant ineligible for months or years – the penalty period. The length of the penalty period varies depending on the amount of money given away.
Proper estate planning before the Medicaid benefits are needed could transfer an individual’s assets in a way that is acceptable to Medicaid. Creating and funding an irrevocable trust may protect the assets for your heirs without affecting your Medicaid eligibility.
It’s great to start Medicaid planning five years out … but we have no way of knowing when or even if we will be incapacitated.
Start your Medicaid planning today.
Even if you haven’t started planning five years in advance, you can still benefit from the advice you’ll receive from the attorneys at Adams Miller.
Don’t let Medicaid eligibility issues give you an unpleasant surprise. Know where you stand now, and how to plan for the future. Talk to an Alabama attorney with experience and training to handle your concerns. ContactMiller Estate and Elder Law, at 256-251-2137 to schedule an appointment. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities.
by Bill Miller | Jun 11, 2018 | Elder Law, Special Needs
In today’s busy world, families often hire caregivers for their elderly and disabled loved ones. Many times, caregivers do a wonderful job. Still, it’s important for families to keep watch for signs things are not as they should be. It can be difficult to recognize the signs of elder abuse and even harder to know what to do about it.
What is elder abuse?
The term “elder abuse” can mean a single act, repeated act, or lack of appropriate action in several areas, including
- Verbal, physical or sexual: shouting, hitting, using drugs to inappropriately sedate, or confinement.
- Psychological or emotional. bullying, taunting, scapegoating, humiliation, isolation, or terrorizing.
- Financial. unauthorized use of an elderly person’s finances, stealing money or property, forging signatures, forcing a person to sign documents under duress, or identify theft.
- Healthcare fraud. charging for medical services that were not provided, overcharging, overmedicating or under medicating a patient, recommending inappropriate care, or recommending care for which kickbacks are received.
Elder abuse can also take the form of neglect. Instead of seeing bruises or bank accounts that mysteriously empty, abusive behavior might show up as failing to provide food, shelter, or medical care.
Abusive behavior is not limited to paid caregivers or nursing home personnel. Abusers may be family members, spouses or partners, neighbors, or family friends. Anyone who is in a position of trust for an elder person can be abusive.
How can I recognize elder abuse?
One of the best ways to protect your elderly loved ones is to communicate regularly. Visit often or call if you do not live nearby. Know what is “normal” for your loved one. If your usually talkative Aunt Gertie suddenly falls silent something could be wrong, either medically or because of an abusive situation.
Watch for physical signs of abuse. We all fall from time to time, especially as we age. However, you can watch for broken bones, sprains, dislocations, bruises, scars, and signs of restraints. Neglect may show in the form of unexplained weight loss, dehydration, poor hygiene, and wearing inadequate or inappropriate clothing.
Beware of anyone who tries to limit your time with your loved one. Someone who insists on being present while you visit may be trying to prevent a cry for help.
Ask your elderly relative to talk to an estate planning attorney before they become incapacitated. A durable power of attorney can authorize a trusted person to watch over financial accounts. A health care proxy designates who may make health care decisions for your loved one.
What can I do if I suspect elder abuse?
Do not confront the suspected abuser yourself. This could lead to greater abuse before your family member can be removed to safety. Talk to other family members and friends. Not only can they confirm whether abuse is occurring, but they can help stop the abuser.
If you need immediate assistance with an abusive situation, call 911. Otherwise, you can call the non-emergency number for your local law enforcement. Also, you may contact the Alabama Adult Abuse Hotline: 1-800-458-7214.
Ask an Elder Lawyer.
At Miller Estate and Elder Law., we make it our business to put our client’s needs first. We assist our elderly clients and their families in setting up estate plans that work for them. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham. We also assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jun 11, 2018 | Elder Law, Estate Planning
Divorce has been around for a long time. But “gray divorce,” a relatively new term, refers to divorce of an older (gray-haired) couple. As with any divorce, your life will change. And any major life changes mean that it’s time to review your estate plans. Gray divorce may offer a few new wrinkles over a divorce that happens earlier in life.
Wills and Other Documents
Norma divorced her husband, Ray, after 42 years of marriage. However, she just never got around to changing her Will. When Norma passed away several years after the divorce, her family tried to probate her Will. Her ex-husband was supposed to receive all her estate other than a few small bequests to other family members.
Now, by Alabama law your ex-spouse is considered to have “pre-deceased” you if you pass away before changing your Will. It does not matter how long you were married before the divorce. Any bequests to your ex-spouse are revoked as soon as the split is finalized. In Norma’s case, her ex-husband will not receive any of her probate estate.
However, a Will is only one of your estate planning documents.
A power of attorney is a legal document where the principal (you) designates another adult to make decisions for them. With a durable power of attorney, the agent’s authority continues if the principal becomes incapacitated. If you named your spouse as your agent – as many people do – you need to change this document as soon as possible.
Two documents commonly used as advance directives are:
- The health care proxy in which you name someone to make health care decisions for you; and
- The living will in which you state your wishes regarding end-of-life treatment and name someone to speak for you if necessary.
As you might imagine, both documents should be changed as soon as possible.
Norma failed to change her health care proxy after divorcing Ray. She became incapacitated before her death. Ray was unwilling to make health care decisions for her, so her family had to go to court to get authority to act for her. The family was fortunate that Ray was not an unscrupulous person. Armed with Norma’s unchanged durable power of attorney, he could have cleaned out her bank accounts before her death.
Beneficiary Designations
Many, if not all, of your financial accounts and insurance policies allow you to state who will receive the funds in your accounts upon your death. Effective September 1, 2015, beneficiary designations to an ex-spouse are revoked unless the designations were specifically accounted for in the divorce settlement.
However, this does not mean you can forget about changing your beneficiary designations. In Norma’s case, her designations naming Ray were cancelled. However, she failed to name successor beneficiaries. Instead of transferring automatically to her heirs, the funds in her accounts were held up in probate.
Incapacity Planning
Hopefully, an older couple has done at least some incapacity planning. This may include buying long-term care insurance or establishing a living trust. Any plans made for incapacity will need to be untangled during the divorce negotiations.
Funeral and Burial Plans
Older people are more likely to have pre-paid funeral and burial plans. This type of plan will need to be negotiated. Even if a couple spent many years together, it does not mean they want to spend eternity next to each other.
Divorce Is Tough at Any Age.
The attorneys at Miller Estate and Elder Law have the experience you need to get the estate plan you deserve. 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 | Jun 10, 2018 | Uncategorized
Estate planning is unique in that it touches people at every stage in life, from a newborn infant to a 90-year old great-grandma.
Minors
Estate planning for minors may seem fairly simple. Children don’t need Wills and powers of attorney. What do they need, then? Well, they need parents who have taken the time to put together comprehensive estate plans.
In addition to preparing a Last Will and Testament that names a guardian for their child, parents can use durable powers of attorney, trusts, and other estate planning tools to provide for their offspring.
Young Adults
Adults over the age of 18 are less likely than older adults to have real estate and large savings accounts. Still, if they accumulate personal property, have bank accounts, and have definite ideas about medical treatment, they need to visit with an attorney to find out their options.
Middle-Aged Adults
This age group sometimes seems to get it from both sides: They may have both minor children and senior citizen parents to worry about. They are sometimes referred to as “the sandwich generation”. One of the most important things they can do is set up their estate plans so that their loved ones are taken care of if something happens to them. With careful planning, they can address their own potential long-term care or incapacity issues.
Senior Adults
Seniors are more likely to have estate plans than any other age group.
The issues most likely to be faced by the elderly include:
- Incapacity
- Long-term care
- Death
An up-to-date Will is a great first step, but there are other helpful documents. A power of attorney can save an elderly person from going through a guardianship or conservatorship. Medical powers of attorney and Living Wills allow individuals to state their preferences for medical treatment if they are not able to communicate. An attorney with elder law experience will be able to advise on other vital topics like how to pay for long-term care.
There is no one best age to take care of your estate planning.
Maybe you have an older parent facing elder law issues. Maybe you are looking ahead to your own future. Or you need to provide for young children. Either way, it’s important to know what rights and protections are available. Schedule a consultation with one of our attorneys and find out where you stand. Our phone number is 256-251-2137, or you may use the Contact Form on our website. We have offices in in Anniston and Birmingham, but also assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
