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.
by Bill Miller | Jun 9, 2018 | Estate Planning
Every family is different. Only you can know how to approach your family about something as sensitive as estate planning. But discussions like this will help their peace of mind as they deal with difficult decisions and life events.
How to Help You with Incapacity . . . and How to Pay for It.
Facing the possibility of your future needs is hard. Your family and friends may be able to provide day-to-day living assistance. Discussing how you’d like family members assist you enables them to help without being asked. This may also be the time to share how you feel about in-house and nursing home care.
Let your family know how your long-term care will be covered. For example, do you have funds saved up specifically for long-term care, have you purchased insurance to cover increased medical needs, or have you already started planning your Medicaid eligibility.
Finally, tell your family about any estate planning documents you’ve prepared. Your Health Care Proxy or Medical Power of Attorney, Living Will, and Durable Power of Attorney provide your loved ones with guidance on how to handle medical and financial decisions for you.
What You Want Them to Do with Your Stuff.
We encourage our clients to talk to their families about how to handle their possessions after they pass away. While talking about this is great, it’s even better to have a Will or trust in place that distributes your estate as quickly and painlessly as possible. You don’t have to tell your family every detail of your estate plan. However, make sure your executor knows that you have a plan, where your plan documents are located, and which attorney to contact after your passing.
How to Say Goodbye.
Talking about death can be upsetting. Let your family know you’ve made plans to make your passing easier on them. If you’ve paid for pre-funeral arrangements or have definite ideas about your memorial service, share these now.
It’s never easy to talk to your family about estate planning.
But it is necessary.
If you haven’t made your estate plan yet, don’t delay.
The attorneys at Miller Estate and Elder Law stand ready to assess your needs and develop the right plan to meet those needs. 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 help clients in the Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jun 8, 2018 | Caregivers, Elder Law, Nursing Home, Special Needs
Calvin was becoming more frail every day. Daisy, his wife of 52 years, was finding it difficult to help him with his daily living activities. After several trips to the emergency room, Calvin’s doctor told them that he needed in-home nursing care. Daisy was left wondering, “What now?”
Locating the Right Caregivers
If you find yourself in this situation, the first thing to do is to find out exactly what kind of care your spouse needs. This will help you locate the right care and apply for the appropriate benefits.
For example, will your spouse need help only with activities of daily living like bathing and dressing? Or will he or she need a home health aide for skilled nursing care like taking vital signs and assisting with medication? Home caregivers may be hired through an agency or by private means while skilled health care workers are typically hired only through an agency.
Once you know what activities your in-home nursing staff will be responsible for, you can start looking for a caregiver that offers the assistance you need.
Paying for In-Home Nursing Care
In-home care is less expensive than long-term residential care, but it can still be out of reach for many people. As with long-term care, there are three basic ways to pay for in-home care:
- Self-pay. Even in-home care costs may quickly deplete your savings.
- Long-term Care Insurance. Benefits could help pay for both in-home and institutional care. Like all insurance, you have to apply and be approved. It’s likely that someone in Calvin’s position would be ineligible or would have extremely high premiums.
- Government Benefits. VA benefits might be available if you or your spouse served in the armed forces. Medicare might cover limited in-home care for a short period of time, but it’s not an option for the long haul. Medicaid does cover skilled care and assistance with daily activities.
Pre-Planning Is Best.
No one wants to think they may need in-home care, but it happens. Plan ahead with comprehensive estate planning, Medicaid eligibility planning, and purchasing insurance when possible.
The attorneys at Miller Estate and Elder Law have the experience and training to handle your concerns. Contact Miller 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 8, 2018 | Elder Care Planning, Medicaid
Phil M. lived in a rehabilitation center after suffering a stroke last year. Fortunately, he qualified for Medicaid benefits that covered the high cost of treatment. However, after six months, he and his family felt he was ready to move back to the community and live the independent life he desired. A wise friend pointed them in the direction of Gateway to Community Living.
What is Gateway to Community Living?
It’s a program administered by the Alabama Medicaid Agency. Through this program, elderly people or those with disabilities may be able to live at home with community assistance.
Phil seemed like an excellent candidate for this program. His rehabilitation left him able to care for his daily needs. More importantly, he had a strong desire to live independently for as long as possible.
What services are provided?
Home and community-based programs offer a spectrum of services to meet the population’s diverse needs.
Transition coordinators work with applicants to work out eligibility. In addition, they help applicants work out a custom transition plan.
Specific benefits include:
- Financial assistance with moving costs, and deposits for rent and utilities.
- Help people find affordable, accessible housing.
- Job search assistants for applicants who are returning to the work force.
Phil was able to work with his transition coordinator to find a comfortable apartment in an independent living facility. Gateway also helped him apply for part-time jobs that fit his physical abilities.
Who can receive Gateway to Community Living assistance?
Applicants must meet the following requirements:
- Has lived in a nursing home or qualified facility for at least 90 consecutive days.
- Received Medicaid for at least one day before transitioning to community living.
- Expect to complete their transition within 180 days.
- Be physically and mentally capable of living in the community with assistance.
People who feel they might benefit from Gateway to Community Living can ask the staff at their residential facility to refer them. Patients or their legal guardians and family members may also “self-refer” either online, by email, fax, or regular mail.
The social worker at Phil’s rehab facility referred him for Gateway benefits and helped him complete the required paperwork.
Learn More About Incapacity Planning.
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 office in in Anniston and Birmingham and assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
