by Bill Miller | May 7, 2018 | Elder Law, Nursing Home
Some of the things we’re called upon to do are difficult on many levels. For example, it’s not easy to find the right nursing home for a loved one. The day you move your elderly relative into their new room at a residential facility, you need reassurance you’re doing the right thing.
In one nearby town, the Lucas family realized their beloved grandmother, Pearl, was no longer able to live at home. In fact, she had been admitted to the hospital with a major stroke. Fortunately, Pearl had signed a medical power of attorney and a durable power of attorney appointing her grandson, Oliver, to handle her affairs. Oliver needed help, though, when it came to finding the right place for Pearl.
Understand Your Options
Before signing the papers for a room at the nearest nursing home, confirm your loved one’s diagnosis. Pinpoint the type of care needed. Some people may need 24/7 assistance, while others just need someone to stop by to help with medication or bathing. Residential care is not the only option. It’s possible you only need the following services instead:
- In-home care provides services for those who are unable to leave home without either assistance from another person or the assistance of special equipment.
- Independent Living Facilities provide safe environments for senior citizens in need of little or no medical assistance.
- Assisted Living Facilities, though similar to independent living facilities, offer services to people who don’t need a lot of help.
Pearl needed a level of care that was too great for the alternatives. She needed 24/7 residential care. Oliver moved on to the next phase of his search.
Research, Research, Research
First, he read the Rights of Nursing Facility Residents so he would know what to expect from reputable nursing homes.
Next, he began to research nearby nursing homes. Alabama’s Bureau of Health Providers licenses and certifies health care facilities like nursing homes. They even maintain free directories of health care facilities. At their site, you can compare nursing facilities on a national level.
Ask for references from friends and neighbors. There’s a good possibility that someone you know has been faced with the same problem you have: finding affordable care that meets your needs.
Oliver looked at online reviews and researched a facility’s licensing status before touring any facilities. He also got some great tips from Pearl’s neighbors and friends. Eventually, he found a great long term care facility near Pearl’s hometown. Not only did she get the nursing care she needed, her friends and family were able to visit often.
Learn More About Finding – and Paying for – Nursing Homes.
The attorneys at Miller Estate and Elder Law assist clients with applying for the right public benefits, including Medicaid. 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.
See also:
Finding Nursing Home Alternatives
My Spouse Needs In-Home Nursing Care ASAP. What Now?
Paying Your Nursing Home Bills
by Bill Miller | May 5, 2018 | Estate Planning
During this time of the year, people’s thoughts turn to an old standby – spring cleaning. As you know, the onset of spring inspires many of us to clean our homes until they sparkle. Home owners dust every item, tossing things that are no longer useful. This is also a great time to give your estate plan a good review. Spring cleaning your estate plan can start now.
Spring Cleaning Your Estate Plan – First, Find the Your Documents
Hopefully, you put your estate planning documents in a secure but accessible place. Once you find them, pull them out for a good review. Then ask yourself, “Has anything in my life changed since I signed these documents?” If so, now might be the time for spring cleaning your estate plan.
Life Changes. So Do Your Estate Plans.
If your family has grown or gotten smaller, you may need to review your beneficiaries, executors, and agents.
Have you or someone close to you gotten married or divorced recently? Control where your assets go by preparing a good estate plan, then updating as needed.
And your estate plan doesn’t just deal with death – it also addresses issues you might face in the future.
Your durable power of attorney allows an agent to keep your financial affairs humming if you’re not able to do so. If you named an agent years ago, is that agent still around to help out? Are you still in contact? Most importantly, does that person still want to serve as your agent. It’s time to give some thought to updating your power of attorney.
It’s possible you signed an advance directive years ago. This document gives the agent of your choice the authority to make medical decisions if you cannot. Doctors and other healthcare providers will know what treatments you want and don’t want. Even end-of-life treatment can be spelled out in a living will. Things may have changed since you signed your advance directive. Your preferences or even the person you want to serve as agent should be reviewed and refreshed if needed. Your Advanced Directive has to be HIPAA compliant or it may be invalid. If you signed it years ago, chances are it is not HIPAA compliant.
When’s the Last Time You Reviewed Your Estate Plans?
At Miller Estate and Elder Law, we make it our business to put our client’s needs first. We assist our clients in making good estate plans and keeping them current. 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 assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | May 3, 2018 | Veterans Benefits
Sam and his family were proud of his U. S. military service record. He had served faithfully up until his honorable discharge. As he grew older, he became frail. Sam seemed to need more assistance every year, until he finally became housebound. His veteran’s benefits supported him somewhat, but he and his loved ones learned of another benefit he could get: Aid & Attendance. The money Sam received each month went a long way toward helping him get the assistance he needed.
An Additional Benefit for Veterans with Special Needs
Veterans who meet the following requirements may be eligible for Aid & Attendance:
- Require the assistance of another person to handle daily activities like bathing, feeding, dressing, and so on.
- May be bedridden due to a disability or disabilities.
- May be a patient in a nursing home because of a mental or physical incapacity.
- Has very limited eyesight that meets certain requirements.
Aid & Attendance benefits are paid in addition to the eligible veteran’s pension benefits.
Changes in 2018
Beginning on December 1, 2017, veterans received a cost of living increase. In fact, it was the highest increase since 2012.
Aid & Attendance monthly benefit amounts increased to:
$2,903 for two married veterans
$2,169 for a veteran with a spouse
$1,830 for a single veteran
$1,176 for the surviving spouse of a veteran
The increase is only about 2%. However, any increase is important for people struggling to make ends meet.
The Veterans Care Financial Protection Act is another change that’s important for veterans who receive Aid & Attendance benefits. This law is designed to stop scam artists from targeting veterans’ benefits through the Aid & Attendance program. For example, unscrupulous individuals would charge veterans for helping them apply for benefits, despite the fact there’s no fee for applying. Others would fraudulently take control over a veteran’s assets, rendering them unable to use the assets. Sometimes their eligibility for programs like Medicaid would be destroyed by the scam artists’ actions.
The Veteran’s Administration is required to post warnings about ongoing scams on their website. In addition, the VA was directed to research other ways to protect vulnerable veterans.
Are You or a Loved One Eligible for Aid & Attendance?
The attorneys at Miller Estate and Elder Law assist clients with applying for benefits like Aid & Attendance at no cost to you.
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.
To learn more:
Aid & Attendance Benefits for Veterans
by Bill Miller | May 1, 2018 | Elder Law
Things happen fast during an emergency. It always helps to have a plan in place before the emergency hits, whether it’s a hurricane, wild fire, or medical event. Even in the field of estate planning, situations arise that must be dealt with completely, but swiftly.
When Terminal Illness Strikes.
Joe learned of his disease last week. He had felt bad for a while but didn’t realize it was cancer. He was even more shocked to learn that his days were extremely limited. Joe knew it was time to get his affairs in order.
If you or a loved one is facing terminal illness, there’s no time to find an attorney, then wait two weeks for an appointment. It may then take the attorney several weeks to draw up your papers and send them to you for review. You don’t have the luxury of exchanging revisions several times before actually signing the documents.
A Trip to the Emergency Room Leads to Emergency Estate Planning.
Nolan ended up in the emergency room after a severe fall at his home. As his family gathered to support him, they all learned that Nolan’s days of living alone were over. He needed either in-home or residential nursing care, possibly for the rest of his life. Nolan had never put together an estate plan and had never done any Medicaid planning. That was now up to his family.
Since Nolan needed to be moved from the hospital in a few days, they started looking for a facility. The costs of staying in a nursing home were stunning. Nolan had very little resources and could never pay the costs of full-time care. They looked for alternatives, but nothing worked and their time was running out.
They finally talked to someone in the local Medicaid office and began applying for emergency Medicaid benefits. The application process confused and dismayed them.
If you or a loved one may be facing the prospect of applying for Medicaid, talk to an attorney now. Working out arrangements for long-term care should be done as early as possible.
Be prepared.
A little planning on your part can prevent emergency estate planning situations. Doing so relieves your loved ones of a heavy burden if something happens to you.
At Miller Estate and Elder Law, our attorneys know how to handle your concerns. Contact us at 256-237-3339 to schedule an appointment. We help clients in Anniston, Talladega, Birmingham, Hoover, Trussville, Gadsden and surrounding communities.
by Bill Miller | Apr 27, 2018 | Estate Planning
You may be asking yourself, should I use a trust-based or will-based estate plan? Estate plans are often developed around one document. Of course, a “will-based” plan builds around a Will and requires probate at your death. And the “trust-based” plan is a plan based on a trust and avoids probate at your death. That doesn’t sound too difficult. However, as you prepare to work on your estate planning, it’s important to know and understand the differences between the two plans.
Wills vs. Trusts
A testator signs a Wills so that people know how to dispose of their property after they pass away. Wills often state who will serve as executor or personal representatives. Special gifts called bequests will be made. When a testator has children, the Will states who will care for the children if the testator passes away.
Trusts also involve disposing of property. When the trustor signs the trust document, he or she creates the trust and names the beneficiaries. Then, the trustor funds the trust by transferring assets to it. Sometimes people will use a living trust and a pour-over Will. Assets not transferred to the trust prior to the testator’s death are transferred by the pour-over Will. This is called a trust-based plan even though both a trust and a Will are used.
Which is Better – the Will or the Trust?
That depends on your goals and what concerns you the most:
- Would you and your family like a little privacy? Wills become public record upon being filed for probate. Any member of the public can view court records, read your Will, and know your personal business. Trusts, however, do not become part of public record. So, your neighbor can run to the courthouse to see a copy of your Will, but not your trust.
- Is it important to have a speedy, cost-effective distribution of estate assets? The property in a Will-based plan has to pass through probate before being distributed. However, most of the time trust-based plans transfer estate assets to beneficiaries more quickly. The assets don’t pass through the court system first.
- Is asset protection a consideration? Wills distribute assets, but do not protect them. Some Trusts can provide asset protection depending on the type of trust chosen.
- Do you want to pay costs up front or long-term? Trusts generally cost more to put together than Wills. However, trust assets typically avoid probate, as well as the associated court costs and legal fees that will be incurred when you pass away.
- Do you have concerns about your family fighting when you pass away? If so, a trust may be a better option. Since a Will requires probate, it is a court proceeding. A court proceeding means that all heirs are entitled to notice and can contest the terms of the will. A trust does not go through probate. Therefore, there is no court proceeding and it is less likely that your children/family will have anything to fight about.
Talk to Us About Your Estate Plans.
Facing incapacity is the first step. Take the next step by talking to a qualified Alabama Estate Planning attorney. The lawyers and staff at Miller Estate and Elder Law, help clients deal with both emergencies and advanced planning. Schedule an appointment by calling 256-251-2137. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities.
