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Nursing Home Medicaid Qualifications

Nursing Home Medicaid Qualifications

Nursing Home Medicaid Qualifications

Key Takeaways | Nursing Home Medicaid Qualifications

Nursing home Medicaid is an important topic that often causes confusion.

Many individuals and families struggle to pay for nursing home care, leading to the depletion of their savings.

Medicaid is a means-tested program and requires individuals to meet certain income and asset qualifications.

Misconceptions about nursing homes and Medicaid can lead to misunderstandings about who pays for care.

The two major problems with Medicaid qualification are having too many assets or too much income, and the look-back period for asset transfers.

Medicaid determines the assets on the snapshot date, which is the first day of the month when someone enters a hospital or nursing home facility and doesn’t return home.

Assets that count towards Medicaid qualification include IRAs, real estate, investment accounts, savings accounts, and cash value life insurance.

Episode Notes:

In this episode, attorney Bill Miller breaks down the topic of nursing home Medicaid. He shares a case study of a couple dealing with dementia and the financial challenges they faced. Bill touches on the qualifications for Medicaid and addresses common misconceptions about nursing homes and Medicaid. He also highlights problems people encounter when applying for Medicaid, including the income and asset limitations that need to be considered.

The conversation continues with a discussion about the 60-month look-back period and strategies to speed up Medicaid qualification.

Notable Moments:

(00:00) Introduction

(01:01) Case Study: Retirement and Dementia

(02:28) Transition to Nursing Home

(03:27) Qualifying for Medicaid

(05:38) Misconceptions about Nursing Homes and Medicaid

(06:14) Problems with Medicaid Qualification

(08:36) Income and Asset Qualifications

(12:02) Snapshot Date for Asset Evaluation

(14:33) Problem Assets in Medicaid Qualification

(16:31) 60-Month Look-Back Period

(19:44) Strategies to Speed Up Medicaid Qualification

 

 

 

 

 

 

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My Mom Has Dementia… Can She Sign Legal Documents?

My Mom Has Dementia… Can She Sign Legal Documents?

My Mom Has Dementia... Can She Sign Legal Documents?

Dealing with a loved one’s dementia can be an extremely tough situation. First of all, seeing a parent suffer from memory loss is often a heart-wrenching, emotional experience. But on top of all that, there are numerous legal questions that need to be addressed. Understanding a loved one’s wishes when they begin to suffer from the symptoms of dementia can be a difficult process, which is why it’s best to ensure that all of their documents are in place while they are still well. Afterwards, the question of their legal ability to sign documents becomes much trickier.

Can a Person with Dementia Sign Legal Documents?

If a parent is suffering from dementia and has not yet written a will or finalized their estate plan, this can put your family in a touchy position. You may wonder if it’s too late or if they are still legally able to draft and sign documents. The truth is that it depends on how advanced their dementia is and how lucid they remain.

In the state of Alabama, the standards used to determine an individual’s “legal capacity” to sign a document depend on the nature of the individual document. For example, if a person wishes to sign a durable power of attorney, giving decision-making powers to a trusted individual, the person needs only to be able to comprehend their own actions in signing the document. If, however, they are looking to execute a will, the standards are higher. They must be able to understand the nature and extent of their property as well as the identity of their intended recipients. Generally, a legal determination that is heavily informed by a medical assessment will be made—which determines whether or not a person is capable of knowingly signing a specific document before the signing can be carried out.

Preparing for the Future

Because you never know when you or a loved one may become incapacitated or otherwise become unable to make decisions, it’s important to be prepared. Drafting a will or establishing a trust, as well as filling out your healthcare documents, can let you and your family rest easy should anything happen. Among the most important healthcare documents to have in place are a durable power of attorney for finances and an advanced directive for healthcare.  An advanced directive contains a living will which has instructions about your medical treatment and end of life decisions.  The advanced directive also names a healthcare proxy who will be charged with making medical decisions on your behalf should you become unable to do so.

Contact Miller Estate and Elder Law

If you have any questions about a loved one suffering from dementia, the experienced attorneys at Miller Estate and Elder Law are here to help. Fill out the form below and someone will contact you shortly.

For more information, download our free e-book, You’re Not Alone: Living with Dementia

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Protecting Assets from the Costs of a Nursing Home Stay

Protecting Assets from the Costs of a Nursing Home Stay

Protecting Assets from the Nursing Home

Key Takeaways | Protecting Assets from the Costs of a Nursing Home Stay

Asset protection planning is crucial to avoid losing everything to nursing home costs.

There are a few ways to pay for long-term care: out-of-pocket, long-term care insurance, Medicare, and Medicaid.

Medicaid has asset and income limits for qualification, and a five-year look-back period for asset transfers.

Life estate deeds and irrevocable trusts are effective strategies for protecting assets.

Planning in advance is essential to ensure eligibility for Medicaid and protect assets.

Episode Notes:

In this episode, Bill Miller discusses asset protection planning in the context of long-term care and nursing home costs. Learn from personal experiences of families who didn’t have a plan in place and lost everything, as well as families who successfully protected their assets. Explore the different ways to pay for long-term care, including out-of-pocket, long-term care insurance, Medicare, and Medicaid. Bill delves into the asset and income limits for Medicaid qualification and the concept of spend down. He touches on the use of life estate deeds and irrevocable trusts for asset protection. Lastly, Bill emphasizes the importance of planning in advance and the five-year look-back period for Medicaid eligibility.

Notable Moments:

(00:00) Introduction and Personal Experience with Asset Protection Planning

(03:07) Asset Protection Case Studies

(05:26) Ways to Pay for Long-Term Care

(07:24) Medicaid and Asset Limits

(08:47) Income and Spousal Considerations

(10:23) Medicaid Spend Down

(11:27) Protecting Assets and Risks of Direct Gifting

(13:55) Irrevocable Trusts for Asset Protection

(24:28) The Five-Year Look-Back Period

 

 

 

 

 

 

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Ensuring Your Estate Plan Reflects Nursing Home Care for Your Spouse

Ensuring Your Estate Plan Reflects Nursing Home Care for Your Spouse

Estate Plan

As life unfolds, circumstances change, and one such significant change can be the transition of a spouse into a nursing home. While this shift undoubtedly brings about emotional and logistical challenges, it’s also a critical moment to reassess and update your estate plan. At Miller Estate and Elder Law, we understand the complexities involved in such transitions, which is why we emphasize the importance of ensuring that your estate plan aligns with this new phase of life.

Financial Preparedness:

One of the foremost considerations when a spouse enters long-term care is the financial aspect. Nursing home costs can be substantial, and without proper planning, they can quickly deplete your assets. Updating your estate plan allows you to explore strategies for managing these expenses while safeguarding your family’s financial future. From reviewing insurance coverage to establishing trusts or revising beneficiary designations, there are various avenues to secure your assets and ensure they are used efficiently to cover care costs.

Medical and Power of Attorney Provisions:

Beyond financial matters, it’s crucial to address the medical and decision-making aspects of your estate plan. Designating a durable power of attorney for healthcare enables you to appoint a trusted individual to make medical decisions on behalf of your spouse if they become incapacitated. This ensures that their healthcare preferences are honored and that critical decisions are made in line with their wishes.

Furthermore, updating advance directives, such as living wills, allows you to outline specific medical treatments or interventions your spouse may or may not want in certain situations. These documents provide clarity for healthcare providers and alleviate the burden on family members during emotionally challenging times.

Joint Decision-Making:

Navigating the complexities of a spouse’s transition to a nursing home often involves joint decision-making. Whether it’s determining the most suitable care facility or managing financial accounts, spouses play a pivotal role in each other’s care journey. Updating your estate plan provides an opportunity to reaffirm each other’s roles and responsibilities, ensuring that both parties are empowered to make informed decisions and advocate for one another’s best interests.

At Miller Estate and Elder Law, we recognize that every family’s situation is unique, and there is no one-size-fits-all approach to estate planning. Our team is dedicated to guiding you through this process with compassion, expertise, and personalized attention. By proactively updating your estate plan to reflect your spouse’s nursing home care needs, you can gain peace of mind knowing that you have taken proactive steps to protect your family’s future.

As you navigate this challenging transition, remember that you don’t have to do it alone. Contact us today to schedule a consultation and let us help you navigate the complexities of estate planning during this important time.

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Revocable vs. Irrevocable Trusts

Revocable vs. Irrevocable Trusts

revocable vs irrevocable trusts

Key Takeaways | Revocable vs. Irrevocable Trusts

Revocable trusts are flexible and allow the grantor to be the trustee and beneficiary while alive.

Irrevocable trusts provide asset protection from creditors and nursing homes, but require the grantor to give up control of the assets.

Revocable trusts avoid probate and can be amended or modified at any time.

Irrevocable trusts are less flexible and harder to change.

Episode Notes:

In this episode, attorney Bill Miller discusses the differences between revocable and irrevocable trusts. Revocable trusts are flexible and allow the grantor to be the trustee and beneficiary while alive. These types of trusts avoid probate and can be amended or modified at any time. On the other hand, irrevocable trusts provide asset protection from creditors and nursing homes, but require the grantor to give up control of the assets. These trusts are less flexible and harder to change.

Both revocable and irrevocable trusts have their uses and can be tailored to individual needs.

Notable Moments:

00:00 Introduction and Disclaimer

01:00 Overview of Trusts

02:55 Revocable Trusts

06:30 Funding and Successor Trustees

07:59 Revocable Trusts vs. Wills

09:29 Naming the Trust as a Beneficiary

10:39 Standby Special Needs Provisions

11:58 Instructions and Limitations in a Revocable Trust

12:28 Flexibility and Real Estate in Multiple States

14:35 Continuity of Asset Management

15:36 Avoiding Family Fights and Drama

16:06 Blended Families and Asset Disposition

17:35 Flexibility and Limitations of Revocable Trusts

19:19 Drawbacks of Revocable Trusts

20:14 Introduction to Irrevocable Trusts

21:26 Asset Protection from Creditors and Nursing Homes

23:19 Giving Up Control in Irrevocable Trusts

25:24 Differences Between Revocable and Irrevocable Trusts

27:06 Conclusion

 

 

 

 

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