by Bill Miller | Oct 5, 2020 | Aging Parents, Blog, Nursing Home
While parents today may be generally informed that they could be liable for the debts of their children, they rarely consider whether they may actually find themselves on the hook for the debts of their parents. Did you know that over half of the United States have filial responsibility statutes on the books? This may come as a surprise to many people.
A filial responsibility law provides that an adult child has the responsibility to support his or her adult parent. The statutes vary between states. Arkansas requires only payment for mental health services and Connecticut only applies if the parent is under sixty-five. Meanwhile, a court in Pennsylvania entered a judgment of $93,000.00 against an adult son for his mother’s nursing home bill.
The positive news may be that, in most instances, these statutes are old laws that have not been repealed and are rarely enforced. Until they are removed from the books, however, the risk may be out there that these laws may be used as a collection tactic, as the gentleman in Pennsylvania discovered, much to his chagrin. Once one long-term care facility successfully utilizes the filial responsibility laws to collect from an adult child, it may only be a matter of time, until others follow suit.
The key takeaway here is to take a proactive, rather than a reactive, approach to filial responsibility laws. Having conversations with your parents regarding their finances, as well as, plans to cover the cost of a nursing home before the need arises, can be very important. If they have a long-term care policy, get a copy. It may also be prudent to be designated as their durable power of attorney to manage their finances should they become unexpectedly incapacitated.
An estate planning attorney can explain the filial responsibility laws in your state to you and your parents. In addition, the attorney can discuss options to safeguard against liability under these laws, such as Medicaid eligibility, long-term care insurance, life-insurance policies with long-term-care benefits or even the possibility of a reverse mortgage on your parent’s home. For more questions on this topic and related matters, please reach out to our office to schedule an appointment.
by Bill Miller | Sep 14, 2020 | Blog, Medicaid, Medicaid Planning, Medicaid Qualification
Medical emergencies can strike without warning. Martin’s family learned that when he suffered a major stroke and landed in the emergency room. He needed skilled, 24/7 nursing care. Unfortunately, he had never done any Medicaid planning or even wondered, “Do I qualify for Medicaid.” His family had to scramble to find ways to pay for his care until his Medicaid application was processed. Don’t be like Martin. As you consider whether you might qualify for Medicaid for the Elderly & Disabled or Institutional Medicaid, think about the following questions.
Do I have a physical or mental condition that meets Medicaid requirements?
To receive Medicaid for Institutional Care, you must be in the hospital, a nursing home, or an ICF-IID facility. Medicaid usually needs to see a doctor’s diagnosis for this type of care for it to be covered.
To receive Home and Community-Based Waivers, you must be “elderly, disabled, homebound, mentally disabled, or have certain medical diagnoses…”
As Medicaid caseworkers review your application, they will review your medical records to make sure you meet the medical requirements for the appropriate program.
Do I meet residency requirements?
Since Medicaid is a joint federal-state program, each state has some flexibility in how it manages its own Medicaid program.
To receive Alabama Medicaid benefits, you must be a resident of Alabama. Also, you must be a U.S. citizen or a qualified non-citizen.
Do you meet Medicaid’s income and resource limits?
These limits vary from program to program. However, the income and resource limits for E&D and Institutional Care are:
• Income limit: $2,030 per month
• Resource limit: $2,000 as of the first day of each month.
There are special rules for married individuals. When deciding whether you qualify for Medicaid or not, talk to an experienced Alabama Medicaid lawyer to make sure.
Answer the Question, “Do I Qualify for Medicaid?”
Discuss your circumstances with an experienced Alabama Medicaid lawyer.
Contact us at 256-472-1900 for a free consultation. The attorneys at Miller Estate and Elder Law know how to help you with Medicaid planning and with estate recovery concerns. Miller Estate and Elder Law is located at 818 Leighton Avenue in Anniston, but we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
Also, receive a free download of Medicaid Planning in Alabama: What You Need to Know by completing the brief form below:
by Bill Miller | Sep 7, 2020 | Blog
Did you know that, at last count, there were nearly 29,000 assisted living facilities in the United States? Collectively, these facilities accommodate more than 996,000 licensed beds. This means there are plenty of options for older adults who can no longer live on their own, but do not yet need a nursing home. Even so, convincing an older loved one it is time to make the move may be easier said than done. Here, let us discuss three signs that time is at hand.
1. Your loved one needs more help doing certain things than he or she did before. One of the most obvious signs that it may be time for an older loved one to transition into assisted living can be if he or she is having difficulty doing certain things. Consider helping an older adult make this transition if he or she needs a lot of help with:
- Shopping (for groceries and other necessities)
- Household chores
- Making meals
- Personal hygiene
- Managing finances
2. There are significant behavioral changes that put the older adult at risk. A noticeable change in behavior can be another indication that it may be time for an older adult to move into an assisted living facility. This may be especially true if the new behavior potentially or actually puts the senior or caregiver at risk. These changes may occur gradually or suddenly, or as the result of certain medical conditions or because of a general cognitive decline as someone ages. Examples may include, but are not limited to, increased aggressiveness, forgetfulness, or the tendency to wander.
3. You can no longer cope physically, emotionally, or financially. If you are an adult child and/or family caregiver, you clearly have a vested interest in helping your loved one maintain their independence as long as possible. Even so, there may come a time when you can no longer cope. You may have difficulty coping financially, emotionally, or physically. If looking after an older adult becomes too much, it may be time to think about having him or her move into an assisted living facility.
This all being stated, no two sets of circumstances are exactly the same. The decision to move into an assisted living facility may be difficult, or an older adult may embrace the opportunity. In any case, it can be important to consult an experienced elder law attorney. He or she can help the senior and his or her family understand and plan for this transition. As always, you can turn to us with any questions or concerns. Just call our law office to arrange an appointment. We look forward to hearing from you.
by Bill Miller | Aug 24, 2020 | Blog, Medicaid, Medicaid Qualification, Uncategorized
Almost 90 million American rely on Medicaid for health care benefits. In fact, Medicaid pays for more health care than any company in the United States. So, you may immediately think of Medicaid when you can’t pay for your medical care. You may be wondering, “How do I apply for Medicaid?” This article may provide an answer to this important question.
Choosing the Right Program
Medicaid does not just offer one benefit or one program. Alabama Medicaid offers several benefits, including:
- Medicaid for Children
- Medicaid for Parents and Caretaker Relatives
- Medicaid for Pregnant Women
- Medicaid for the Elderly and Disabled
- Medicaid in the Nursing Home
As you can see, Medicaid has programs to cover Americans from the cradle to the grave. Also, many individual programs consist of more than one element. For example, Medicaid for the Elderly and Disabled (E&D) also offers Home and Community-Based Waivers and SSI-Related Programs.
Once you choose the programs you need, it’s time to apply.
Completing the Paperwork
The Alabama Medicaid website contains several applications and additional forms. Certain programs require or allow online applications. Choose the forms that you need for the program you want.
Another form – Tips for Applying for Institutional (Nursing Home) Medicaid – offers a list of documents needed. The form also offers tips for making the process a little easier.
The most important thing to remember is that your application must be complete, with all supporting documents.
Submitting the Application
The final step is getting your application to the right place:
- Apply online if you are pregnant, applying for a child, or applying for Plan First Family Planning. You may also mail an application to P. O. Box 5624, Montgomery, AL 36103-5624.
- Use a paper application to apply for nursing home care, home and community-based waiver program, or help paying for Medicare. You may also contact the district office or Customer Service Center for your county.
“How Do I Apply for Medicaid?” With Help from Someone Who Understands
Applying for Medicaid is time consuming, frustrating, and difficult. You can ease the process a little by finding an experienced Alabama Medicaid attorney.
The attorneys at Miller Estate and Elder Law have years of experience working within the Medicaid system. They help clients like you with Medicaid applications as well as advanced Medicaid planning.
Schedule a consultation with one of the attorneys at Miller Estate and Elder Law. Our phone number is 256-472-1900. We are located at 818 Leighton Avenue in Anniston, but we serve clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
Also, take a look at some of the free guides offered on our website.
by Bill Miller | Aug 17, 2020 | Blog, Medicaid, Medicaid Planning, Medicaid Qualification, Uncategorized
Sometimes the more answers we get, the more questions we have. The same may be true when it comes to Medicaid. Someone who needs help paying for medical care or a nursing home may be relieved to learn that Medicaid offers this type of benefits. Then they learn that the application process is difficult. You have to qualify for Medicaid benefits, and some of the requirements are hard to understand. For example, you may want to learn more about the Medicaid income limit. That’s what we will explore in this blog.
First, what are the basic Medicaid qualifications?
Medicaid offers several programs, each with its own qualifications. For example, Medicaid for Pregnant Women and Medicaid in the Nursing Home target very different groups. That said, Medicaid generally is intended for people with low incomes. Applicants who exceed the Medicaid income limit usually will not qualify for benefits.
What is the current Medicaid income limit?
It varies. The income limit for people who qualify through Supplemental Security Income (SSI) is $791 per month / $1,177 for couples.
However, the Medicaid in the Nursing Home program income limit is $2,313 per month for one person. This limit also applies to:
- Elderly and Disabled Waiver,
- Independent Living Waiver,
- Persons with Intellectual Disabilities Waiver, and
- Technology-Assisted Waiver for Adults.
Effective February 2019, Medicaid uses the Modified Adjusted Gross Income (MAGI) method of determining income for some programs. For example, the Plan First and Pregnant Women & Children programs calculate income after deductions based on family size:
Family of 1 = $1,520
Family of 2 = $2,058
Family of 3 = $2,596
Family of 4 = $3,133
You may be wondering if Medicaid counts all your income when determining if you are qualified for benefits.
What does Medicaid consider to be income?
Generally, Medicaid counts all the following income toward your Medicaid income limit:
- Federal taxable wages;
- Self-employment income;
- Unemployment compensation;
- Social Security benefits, including Social Security Disability Income (SSDI);
- Retirement or pension income;
- Alimony or spousal support for divorces finalized before January 1, 2019;
- Capital gains;
- Investment income;
- Rental and royalty income; and
- Untaxed foreign income.
Income that is not counted toward the limit includes:
- Supplemental Security Income (SSI);
- Veterans’ disability payments,
- Workers’ Compensation,
- Proceeds from loans, including student loans; and
- Child support.
I’m just over Medicaid income limit. Is there anything I can do?
Possibly. Just talk to an experienced Alabama Medicaid lawyer about Medicaid planning and spend-down strategies.
The attorneys at Miller Estate and Elder Law assist their clients with Medicaid and incapacity planning, as well as general estate planning. Contact Bill Miller at 256-251-2137 to schedule an appointment. Though our office is now located at 818 Leighton Avenue in Anniston, we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
Also, download a copy of our free e-book, Medicaid Planning in Alabama: What You Need to Know, by clicking here.
by Bill Miller | Aug 3, 2020 | Aging Parents, Blog
When we were younger, our parents took care of us and helped us plan for the future. At some point, most of us may have to do the same for our parents and help them plan for the future. Do you know if your parents have an estate plan? It is not only important to know the answer to this question, but to understand the details associated with the answer. Estate planning plays a crucial role in planning for the future.
Today, let us take a moment to discuss six questions to ask your aging parents to help them plan for the future.
1. Do they have a health care surrogate in place? This is one of the most important questions to ask as you want to ensure that they may be taken care of should they become seriously ill and/or incapacitated.
2. Have your parents chosen a trusted individual to take on the health care surrogate role? Selecting a health care surrogate is a decision that should not be taken lightly because this person will be making the decisions on behalf of your parent should he or she become critically ill. Try to ensure the person that they have chosen is responsible and, of course, of sound mind.
3. Where are the original estate planning documents kept? If the time arrives when your parent dies or becomes incapacitated, do you know where the original estate planning documents are kept? The original will is necessary to commence probate. In fact, if you do not have the original it may be very difficult to probate the estate according to the terms of the missing will.
4. Are your parents’ estate planning documents up-to-date? An estate plan is one of the ways that people ensure their legacy will go on and that the assets that they have chosen for their family can be accessed upon their death. Estate plans should be up to date to reflect current living circumstances and major life events. You can talk to your parents about how they can update their estate plan. An estate plan is a great way to help your parents think ahead, but to be most effective it should be up to date.
5. If your parents have a trust, is it properly funded? If not, it could mean a long and expensive probate before you can have access to their assets. To understand it a little better remember, funding a trust means taking assets that are titled in the individual trust settlor’s name and retitling them into the name of the trust.
6. Is your parent working with an attorney they trust? Having a comprehensive and properly drafted estate plan in place can be crucial to securing the future you want for yourself and your loved ones. Having the right estate planning attorney on your side, who understands your unique situation and can advise you appropriately, can be absolutely critical to proper estate planning.
Our firm is committed to representing your best interests and that of your family. We do this by drafting estate plans that have been crafted to meet your unique needs. For help creating your estate plan or answering any related questions, we are here for you. Contact our office today to schedule a meeting.
