by Bill Miller | Jun 15, 2018 | Medicaid, Medicaid Planning
Max was going about his daily life when suddenly he got a call he’d been dreading. His Great Aunt Maude was critically ill, and Max soon learned that she would need 24/7 nursing care. She doesn’t have any insurance or savings accounts, and public benefits will have to pay – if she’s eligible. In addition to comforting his great aunt, Max had to scramble to apply for emergency Medicaid.
Alabama Nursing Home Medicaid Eligibility
This government-funded benefit offers assistance if applicants meet the following conditions:
- Applicant must prove nursing home care is due to a medical condition.
- Most applicants must live in a nursing home for at least 30 continuous days.
- The applicant’s monthly income must be below limit, which is set in January each year. The current limit is $2,205 per month.
- The value of applicant’s resources must be below a limit set by Medicaid. The limit for an individual is $2,000, but there are special exceptions if the applicant’s spouse will continue to live in their home.
- The applicant must be a S. citizen living in Alabama.
While this may sound simple, regulations also contain exceptions and special situations. It’s best to consult with an attorney who understands the Medicaid application process.
The Application Process
Completing an application, either online or in paper format, is just the first step.
Applicants are required to include a lot of information and documentation. A Medicaid caseworker will review the application. By law, they must review income and expense documents starting 5 years before the date of the application.
The application, along with all supporting documentation, is then submitted to Medicaid for review. It’s important to send the application to the right office, which can be found by calling Medicaid or searching online. Mailing the application to the office that handles Medicaid for Pregnant Women or Children, for example, could delay approval of the application.
Medicaid mails a decision letter to applicants at the address shown on the application. Sometimes applicants will be asked for more information or for clarification before Medicaid can approve or deny the application.
Don’t let Medicaid eligibility issues creep up on you.
Finding out that you need emergency Medicaid during a medical crisis is tougher than you can imagine. Know where you stand now, and how to plan for Medicaid eligibility before illness strikes.
Talk to an Alabama attorney with experience and training to handle your concerns. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. Though our offices are located in Anniston and Birmingham, we assist clients in surrounding communities like Talladega, Gadsden and Vestavia Hills.
by Bill Miller | Jun 14, 2018 | Elder Law, Estate Planning, Medicaid
A job transfer took Harriet from Michigan to Alabama. The move was stressful, as most moves are. However, Harriet’s relocation was more complex than most. As an only child, Harriet was the only source of reliable help for her mother, who lived in a nursing home in Michigan. Harriet began making plans to move her Mother, but was concerned about her Medicaid benefits.
Medicaid Benefits
Although the funds for Medicaid flow from the federal government, individual states act as administrators of those funds. However, states are allowed to customize some rules and regulations. This flexibility means the rules for receiving Medicaid differ depending on your state of residence.
Fortunately, there are processes in place to move a Medicaid recipient from one state to another. Unfortunately, that process is not as easy as it could be.
Not Exactly a Transfer
First, the Medicaid coverage in the former state cannot just be transferred to the new state. Each state has different eligibility rules, and the recipient must meet the requirements of the new state. Also, Medicaid recipients are not allowed to have coverage in more than one state. So, establishing residency in the new state is the first step. The recipient then can cancel coverage from their former state and apply for Medicaid in their new state.
Requirements Related to Moving
The good news is that it’s probably not impossible to qualify for Medicaid in a new state. Although requirements vary, most states eligibility requirements are similar. A person who is already qualified for Medicaid in one state stands a good chance of qualifying in another state.
No length of residency requirement. States are not allowed to place length of residency requirements on applicants. An applicant can establish residency simply by moving to the new state.
Coverage can be retroactive. Naturally, it takes some time to get approval from the new state’s Medicaid agency. Fortunately, there should be no gap in coverage because Medicaid can be granted retroactively.
Maintain Medicaid Coverage During a Move.
Harriet was able to safely move her mother to a nursing home in Alabama. She cancelled the Michigan Medicaid benefits and immediately applied for Alabama Medicaid. Her mother’s application was approved, and her coverage continued.
Do you or a loved one need Medicaid assistance? Schedule an appointment with one of the qualified elder law attorneys at Miller Estate and Elder Law Our phone number 256-251-2137. Or you may choose to use our Contact Form to get started on your path to peace of mind.
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.
