by Bill Miller | Jun 5, 2018 | Veterans Benefits
After serving this country, veterans should not have to struggle to get the care they need. No, the care they deserve. If you or a loved one is a disabled veteran, a little-known veteran’s benefit called Aid & Attendance benefits for veterans may defray the costs of expensive nursing care. However, as with any government process, applying for veterans’ benefits can be complex, time-consuming, and frustrating.
Aid & Attendance Benefits for Veterans Eligibility
To receive Aid & Attendance benefits, an applicant must be:
- A wartime veteran or the spouse of a wartime veteran;
- At least age 65 or permanently and totally disabled;
- Suffering from certain medical conditions;
- Within the financial requirements; and
- In need of assistance with at least two activities of daily living, be completely bedridden, have severely impaired vision, or be a resident of a nursing facility.
Eligible applicants must meet the following requirements:
- The veteran served at least 90 days of activity military duty, with at least one wartime day. He or she must not have received a dishonorable discharge.
- The veteran or spouse proves they need the attendance of another person to help with their daily living activities as defined by the Veterans Administration.
- Although asset and income limits have not been specified by the VA, the veteran or surviving spouse must prove financial need. The VA caseworker reviews the applicant’s financial data and makes a determination on eligibility.
Applications, Denials, and Appeals.
The application process is difficult, especially for someone already dealing with disabilities. An incorrect application may lead to denial of benefits. Applicants who are denied benefits cannot reapply for a year. While it is possible to appeal a denial, that process is even more complicated than applying. It’s best to use an experienced attorney every step of the way.
If you or a loved one served in the armed forces, check out all the benefits available to veterans. We assist veterans with applications for the Aid & Attendance Benefits for Veterans at no charge.
For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham, but also assist clients in the Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jun 4, 2018 | Probate
Emma would like to see her Grandmother Ruth’s estate settled quickly in keeping with her grandmother’s wishes. However, probate is a mystery to her – she has never been involved in an estate before. Emma and her family first have to find out who can probate Ruth’s estate.
In General
Probate is the administration of a deceased person’s estate. Administration includes figuring out where their stuff should go and paying any valid claims against the estate. An executor, personal representative, or administrator handles the probate of an estate.
Any of the following people may probate the estate if qualified:
- The personal representative or executor named in the Will,
- Anyone who will receive property through the Will,
- Any person who has a financial interest in the estate, or
- The person who actually has possession of the Will.
The court holds a hearing to determine who is qualified to be the executor or administrator. For example, the person who serves:
- Must be at least 19 years of age.
- Cannot have been convicted of an ‘infamous’ crime.
- Must be competent to serve as executor.
For Ruth’s estate, Emma would like to be in charge. She is 28 years of age, has not been convicted of any crime, and is a competent person. Emma may be qualified to serve as personal representative.
When There Is a Will
Typically, the person who signed the Will (the testator) named an executor and a successor executor. The executor named in the Will is the first choice to serve as executor of the estate. However, if that person is unable or unwilling to serve, the successor executor is usually appointed executor of the estate.
Unfortunately, Ruth did not leave a valid Alabama Will. She had handwritten a Will, but was alone when she signed it. Alabama does not recognize holographic Wills unless the signing is witnessed and attested to by at least two people. In the eyes of the court, Ruth died without a Will (intestate).
When There Is No Will
An estate must be probated even when an individual does not leave a Will spelling out their wishes. After all, their stuff still needs to go somewhere.
Anyone with a financial interest in the estate can ask to be appointed administrator. However, they must do so within 40 days of the testator’s death.
Courts typically name an administrator in the following order of importance:
- Surviving spouse
- Other relatives, like parents, children, or siblings.
- If no living relatives are qualified to serve, the estate’s largest creditor may serve.
- If no Alabama creditors are available, then appointment varies depending on the size of the county in which the decedent lived. Counties with population over 400,000 probate the estate. In smaller counties, though, any willing, qualified person may be appointed administrator.
One important qualification applies when the decedent died intestate: the administrator must be a resident of the state of Alabama.
Ruth died intestate, because her Will was not valid under Alabama law. She was not survived by a spouse or children. Emma and her siblings were the only people eligible to serve as administrator. However, Emma was the only Alabama resident. Chances are good that Emma will be appointed administrator of her grandmother’s estate.
Do You Have Questions About Probate and Estate Administration?
The attorneys at Miller Estate and Elder Law. assist their clients with probate and estate planning. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Alabama, but also help clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
You might also be interested in:
When There’s No Will: Alabama Intestacy Law
How to Help Your Adult Children with Their Estate Planning
by Bill Miller | Jun 3, 2018 | Estate Planning
When something is durable, it’s built to last. Tough. Resistant to pressure. Strong. Just the qualities you want in an important legal document like a durable general power of attorney.
A Powerful Legal Document.
A power of attorney is a legal instrument where one person authorizes another person (the agent) to act on their behalf. Sometimes the authorization is very broad. Some are very limited while others apply only to a specific occasion. There are even documents with the specific purpose of authorizing someone to make medical decisions for you. Whether a power of attorney is general or durable is an extremely important distinction.
When is it Durable?
Authorization to act granted by a general power of attorney ends when the principal, the person who signed the power of attorney, becomes incapacitated, disabled, or unable to communicate.
A durable power of attorney, however, remains in effect regardless of the principal’s capacity, or ability to make decisions.
Consequences of Signing a Power of Attorney That is Not Durable.
Let’s say Margie, a 55-year old woman, signs a general power of attorney as part of her estate plan. She authorizes her husband, George, to act on her behalf. The powers given to George take effect immediately and cover pretty much every financial decision Margie might have to make.
Unfortunately, the next year Margie receives serious brain injuries in an auto accident. She is no longer able to communicate in any meaningful way. Fortunately, her advanced directive for healthcare authorizes George to make medical decisions for her. He begins the heavy task of working out their finances. In the process, he learns that the power of attorney is no longer in effect because it is not a durable. George is forced to hire an attorney and start a conservatorship proceeding.
Make Sure You’ve Signed the Right Power of Attorney.
If you have not reviewed your estate plan for a while, or you’ve never taken that important step of making your plans, it’s time.
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 Anniston and Birmingham, but also assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
by Bill Miller | Jun 2, 2018 | Medicaid
One government program is by far the largest payer of nursing home costs in the U. S. – Medicaid. Although the funds come from the federal government, the states administer Medicaid. For example, Alabama Medicaid processes applications and distributes benefits for eligible Alabama residents. Although Medicaid covers many medical services, however, there are some services not covered by Medicaid. Before expecting Medicaid to defray your medical costs, it’s important to know what is not covered.
Services Not Covered by Medicaid:
- Routine or annual physical checkups
- Over-the-counter drugs or health supplements
- Custodial care and assistance with activities of daily living (ADLs)
- Charges for missed appointments
- Dental care
- Cosmetic surgery
- Medical services provided outside of the United States
- TV rentals and VCRs in hospital rooms, as well as meal trays and cots for guests
- Respiratory therapy, speech therapy, and occupational therapy
- Services provided to people in prison or jail
Example: Jessie qualified for Medicaid and thought all her medical needs would be covered. However, her claims for her yearly physical and her over-the-counter allergy pills were denied. She also missed several doctor’s appointments. She was charged because she did not cancel in advance. Jessie had to pay for the missed appointments. She learned the hard way about services not covered by Medicaid.
Medicaid may pay for optional medical services like:
- Eye examinations, glasses, contact lenses
- Hearing exams and aids
- Preventive screenings
- Physical therapy
- Nonemergency transportation to and from medical appointments and treatments
- Some non prescription drugs and nonprescription drugs not covered by Medicare
- Chiropractic care
Fred needed physical therapy and chiropractic care to build his strength and help him get around a little easier. Medicaid typically does not pay for these services. However, Fred should talk to a Medicaid caseworker because some assistance may be available.
In addition, Medicaid does not pay for services provided by any health care provider who does not participate in Medicaid. Make sure your doctor accepts Medicaid patients before making an appointment.
Medicaid must consider Medical treatment and supplies medically necessary. For example, Randall feels he needs to move to a nursing home, but his doctor does not. Medicaid will probably deny Randall’s request unless his request is supported by documentation showing nursing care is medically necessary.
To receive Medicaid, you must be eligible.
The Medicaid application process is long, complex, and frustrating. In addition to the application, individuals must present many documents supporting their request for benefits. Applicants who are denied coverage can appeal the denial.
Act Now.
People should plan for long-term care and Medicaid eligibility well before incapacity strikes. In doing so, you should also know about services not covered by Medicaid.
The attorneys at Miller Estate and Elder Law help their clients prepare estate plans that address future potential incapacity issues. 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 1, 2018 | Medicaid Planning, Medicaid Qualification
The Willingham Family needs to apply for Medicaid to pay for their grandmother Joanne’s nursing home care.Before doing so, it is important to look at all of her financial transactions during the Medicaid look back period. In the past four years, she has given them monetary gifts, sold her car to her granddaughter for less than market value, and transferred the family home to her oldest son, Byron. Now, however, Joanne needs 24/7 residential nursing home care. She has no option but to apply for Medicaid. She and her family have no idea how Medicaid will view the financial transactions she made during the Medicaid look back period.
A Little About the Medicaid Look Back Period
Medicaid is funded by the federal government but administered by each state. Alabama Medicaid, then, distributes benefit money to Alabama residents. Medicaid programs provide benefits through a variety of programs. We primarily will be looking at Medicaid for elderly or disabled people and residents of nursing homes.
To receive benefits, people must complete applications. They must also meet financial and resource limits. In addition, applicants must provide substantial documentation, including financial records, for the 60 month period before the application date – the Look Back Period.
Medicaid caseworkers thoroughly review an applicant’s financial history during the application process. They are particularly interested in gifts and transfers for less than market value that occurred during the Medicaid Look Back Period which is the 60 months prior to filing the application. What they discover during their review could trigger a penalty period where the applicant cannot receive benefits.
Why Does Medicaid Care About Transfers Made Before You Applied?
Assets transferred during the Look Back Period could have been used to pay for the applicant’s care.
Not All Transactions Were Created Equal.
Some financial transactions are deemed okay by the Medicaid system. Some are not.
These deals may cause problems for the applicant:
Gifts. Taxpayers are allowed to gift money within certain guidelines without facing tax penalties. However, Medicaid typically does not consider gifts exempt.
Irrevocable Trusts. In some cases, assets transferred to irrevocable trusts during the look back period trigger a penalty.
No Documents. Some transactions will be considered in violation of the Look Back Period because of inadequate documentation. The applicant may have to prove that the sale price of a house, for example, falls in line with the market value of the house.
These deals may be allowed:
- Spouses. Transfer to a spouse in most circumstances.
- Disabled Children. Transfers to a blind or disabled child under the age of 21 are usually allowed.
- Deals with Siblings. If an applicant co-owns a home with a sibling if the sibling lived with the applicant for at least one year before applicant applies.
- Adult Children Caregivers. Applicants can give their home to an adult child who is their primary caregiver.
- Payments to creditors are usually allowed. In fact, one way to turn liquid assets into exempt assets is to pay off your mortgage or home equity loan.
Advance Medicaid Planning Can Help.
Planning for Medicaid eligibility can be tricky. Speak with an Alabama attorney and make Medicaid planning part of your estate plan. To learn more, click the link to get a copy of our Alabama Guide to Medicaid Qualification. Doing so could save you thousands of dollars.
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.
