by Bill Miller | Jun 2, 2020 | Blog, Nursing Home
Social distancing and restrictions on entering skilled nursing facilities continue to be in place across the nation. We know, as elder law attorneys, this can make it more challenging to be able to interact with your loved ones who may currently reside inside of them. We also know that this inability to interact personally may also cause you additional stress since you may not be able to physically “see” your aging loved one.
The first step to alleviate this concern and to also help your loved one, starts with making a plan. What should you plan for?
- Plan to communicate with your loved one and the care team.
- Plan to be involved, and stay involved.
- Plan to be available to answer any questions for your aging loved one.
- Plan to be available to advocate for your aging loved one.
We know you may have questions on how to best tackle this responsibility, especially in light of the ongoing issues from the pandemic.
1. Be in frequent communication. Communication is critical right now. Whether it is with your loved one or not, the nursing home needs to know that you are involved. Of course, you want to participate with your loved one who is in the facility but it is equally important to speak with his or her care team. The care team may involve doctors, nurses, and therapists, as well as other specialists. Make contact and ask to be provided with an update at least weekly, if not more frequently.
2. Participate in meaningful conversations. If you are able to communicate with your aging loved one, try to make your interactions as meaningful as possible. Social distancing and visitation restrictions can make this more challenging, but there are ways to stay connected. In addition to phone calls, consider video chats like FaceTime or Facebook Messenger so your loved one can see you and your family. Also, during this time you can share photos and scrapbooks as well.
3. Advocate from anywhere. Remember that your aging loved one may need you more than ever right now. The lack of being able to go into a facility in person should not prevent you from speaking with him or her. Discuss with your loved one, if possible, and the facility what are the best ways for you to be involved.
We know this blog may raise more questions than it answers. Do not hesitate to contact us at any time to help you answer them. We are here to help you and your loved ones as you face these challenges.
by Bill Miller | May 28, 2020 | Blog, Medicaid, Nursing Home
Tom knew his dad, Frank, was having a little trouble taking care of himself at home. He dreaded the idea of putting his father in a nursing home, even though he knew of several wonderful homes nearby. Frank wanted to remain independent at home for as long as possible. One day, however, Frank’s doctor told Tom that Frank should have supportive devices, special transportation, assistance with taking medication, and help with his daily activities. As Tom helped his dad deal with the changes in his life, he learned that Medicaid can help every step of the way. The first step was finding out that nursing care was needed.
Step two is finding out how Medicaid can help your loved one stay at home. Keep in mind that some Medicaid programs cover home health and institutional care.
Home-Based Long-Term Care
Medicaid is a federally-funded, state-run program that provides healthcare to qualified individuals. However, Medicaid is not just one program. Instead, various programs are offered to help different segments of our society. People like Frank need advanced care but may be eligible for Medicaid programs that meet their medical, nursing, and social needs without leaving home. Medicaid home health programs include:
- Home Health Care. Eligible people of any age, including elderly, may be qualified to receive Medicaid home care
- Home and Community-Based Waivers. Eligible Medicaid recipients must be at risk for moving to institutional care, yet willing to receive that care at home.
At some point, people may be ready for step three.
Transitioning to Institutional Care
Moving from home to nursing home can be difficult. Medicaid programs offer services and financial aid to make the move a little easier.
- Medicaid for the Elderly and Disabled (E&D). The services offered through E&D assist people who live at home and in nursing homes, hospital, and other residential facilities.
- Medicaid in the Nursing Home (Institutional Medicaid). This program provides coverage of institutional care for people who qualify.
Medicaid For the Various Phases of Life.
In addition to programs that help people move to an institutional setting, Medicaid also offers a program to help people move out of nursing homes. Gateway to Community Living offers services and support for qualified individuals who wish to move from an institution to a home setting.
Contact Bill Miller at 256-251-2137 to schedule an appointment. The attorneys at Miller Estate and Elder Law can help with applying for Medicaid. Even better, we can help you with Medicaid planning to increase your chance of getting Medicaid and keeping as much property as possible. Though our office is now located at 818 Leighton Avenue in Anniston, we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | May 15, 2020 | Blog, Long-Term Care, trust
According to LongTermCare.gov, almost 70% of people who are 65 years of age at this time will need long-term care at some point in their lives. Such care is expensive and could deplete a lifetime of savings in just a few years. People may be able to both pay for their long-term care and leave money for their heirs by establishing trusts for long-term care planning.
Medicaid Requirements
Many people hope that Medicaid will pay for their long-term care. However, Medicaid only pays for people with limited income and few resources. Applying can be difficult as applicants are required to submit numerous supporting documents.
Another important thing to remember is the Medicaid 60-month look back period. Medicaid reviews an applicant’s financial records for the 60 months before the date of application. Financial transactions made during that time, including transfers to a trust, may cause a delay or reduction in benefits. That’s one reason it’s important to start planning now. A trust may be in your future.
Irrevocable Trusts for Long-Term Care Planning
Please note that there are two general types of trusts: revocable and irrevocable. Revocable living trusts are common. However, they typically do not provide any kind of asset protection and are not helpful for long-term care planning.
Instead, consider establishing an irrevocable trust. This type of trust transfers control of the grantor’s assets to a trustee. In effect, the grantor no longer owns the trust assets. Medicaid generally does not count the funds in an applicant’s irrevocable trust toward the applicant’s resource or income requirements.
Plan Ahead to Pay for Long-Term Care
We don’t know what the future holds or how long it will be until we need long-term care. To prepare for your future, talk to an attorney about trusts for long-term care planning today.
The attorneys at Miller Estate and Elder Law assist their clients with Medicaid and long-term care 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, Don’t Go Broke Paying for Long-Term Care, by clicking here.
by Bill Miller | May 4, 2020 | Blog, Elder Law, Uncategorized
Did you know May is National Elder Law Month? This month holds special importance to us as we support all Alabama seniors, their loved ones, and their caregivers. We know that you and your family may need extra help not only this month, but throughout the year. One of our goals as a firm is to ensure that you are protected in all circumstances. We want to ensure that you have the help, guidance, and resources you need now, and throughout the year.
Unfortunately, many Alabama seniors and their loved ones have only taken the step to complete their estate planning. While estate planning is essential, it is not elder law planning. Estate planning contemplates both lifetime and end-of-life decisions. For example, you can make a document such as a durable power of attorney that can ensure that you have a decision maker with legal authority in place in the event you cannot make decisions for yourself. Or, by contrast, you could make a last will and testament that directs who should inherit from you at the time of your passing.
The same tools, however, do not necessarily protect you by addressing elder law concerns. Elder law, sometimes referred to as elder care law, is a relatively new area of law. It primarily addresses the issues that can arise as a result of the aging process. For example, should you need long-term care:
- How will you find the right care for you?
- How do you know what to look for?
- Can the services you need be provided in your home?
- Further, if you were to need to move to a long-term care facility, would you be able to pay for it?
Many of us do not have unlimited resources. This means, without elder law planning, we would be at risk of losing all of our assets and impoverishing our loved ones if we had to pay for the high cost of nursing home care without assistance.
We know these may be considerations that you have never thought of before. This National Elder Law Month, let us take a moment and share information on three critical areas addressed through elder law planning that you need to know for yourself and your family.
1. Alabama Medicaid. Medicaid is a combination of state and federal dollars that you may be able to access to help you pay for the cost of long-term care. Know that Medicaid is not Medicare. While all seniors are eligible for Medicare this is not the same thing for Medicaid. Medicare is a health care program that can help most seniors defray the cost of acute medical care. Medicaid, by contrast, is an eligibility program that can help pay for custodial care in a nursing home. You must qualify through a health, income, and asset test to be able to access these valuable resources, which we can discuss with you in a consultation at our firm.
2. Family Caregivers. Family caregivers are the unsung heroes in America. Family caregivers are often under-appreciated and unpaid for the services that they provide. Further, without the guidance of an elder law attorney, you may be paying your family caregiver for his or her much-needed help, but jeopardizing your ability to access the benefits of the Medicaid program. This is one of the things that we can discuss in a meeting at our office. The most important thing is for you to know that you are not alone. You can click this link to learn more about how to best manage this new responsibility in your life and how to help yourself and the aging senior you are caring for.
3. Veterans Affairs Pension Benefits. For wartime veterans and their dependents, there are additional benefits available through the department of Veterans Affairs. One such benefit is the pension program. This is a monthly, tax-free benefit that is available to qualifying Alabama seniors. Similar to Medicaid, there is a health, income, and asset test as well.
We know this article may raise more questions than it answers. We encourage you not to wait to learn more about the benefits and resources available to Alabama seniors now, or at any point in the future. Do not wait to schedule a meeting with attorney Bill Miller to discuss your questions and learn how to protect yourself and your family.
by Bill Miller | Apr 6, 2020 | Blog, Estate Planning, Long-Term Care
Long-term care, should you require it as you age, is a significant expense. Depending on where you live, the cost of a skilled nursing home can be well over $100,000 a year or more, and this is for a semi-private room. Medicare only pays under certain circumstances and in limited amounts, which surprises most Older Americans and their loved ones to learn. Further, if you have savings and investments, you might not qualify for the public benefits programs that can help you pay for the care you need such as the Alabama Medicaid program.
If you have not thought too much about long-term care, you are certainly not alone. Even if you are well-off enough to think you do not really need to put money aside for such costs, you do not know what is going to happen in the future, and most families cannot accurately predict how much it is going to cost.
A study published by the Department of Health and Human Services shares that 48 percent of all Americans over the age of 65 will need long-term care outside the home for up to one year. Nineteen percent will need it for up to 24 months, and more than 21 percent between two and five years.
For most of us, we want to create an estate plan that is focused on two main aspects:
- Lifetime protection, which safeguards you and your assets should you be in a crisis and need a decision maker with legal authority to act.
- Creating a legacy that will live on with your family members after you pass.
There are many ways you can start to address long-term care needs in your estate plan when you work with an elder law attorney. Your elder law attorney can provide a comprehensive strategy that addresses all of your health and legal needs, assuring you of the best possible care and protection should you need it. Long-term care planning can be incorporated into your overall estate plan so that it includes lifetime protections that contemplate a potential need for custodial care when you discuss your concerns with your attorney.
When we are healthy and in our prime, we do not often think about the big “what ifs.” Long-term care, as well as the threat of critical illness, is generally the last thing on our minds, even if we already have an estate plan in place. Most people think of estate planning as something that settles your affairs after you are gone, but know that it can also help you live better in life. Estate plans that consider long-term care will protect your assets and can ensure your legacy is intact should you need to be in a nursing home for any length of time.
We know this blog may raise more questions than it answers. Do not wait to contact our law practice to schedule a meeting to discuss your concerns today, or any time in the future.
by Bill Miller | Mar 18, 2020 | Aging Parents, Blog, World News
We know that you and the Alabama seniors you love may have concerns right now. We also know that uncertain times can put all of us on edge. Often, even when we are inundated with information, the right knowledge from a trusted source can put our minds at ease. We can no longer ignore the fact that the COVID-19 virus (coronavirus) is spreading at an alarming rate around the world. Even with its unprecedented spread, however, there are still many precautions that we can take right here in Alabama to protect you, as well as your loved ones.
By now we are all familiar with the most popular precaution which has been shared by the various health authorities around the world:
Make sure that you properly wash your hands!
What does it mean to “properly” wash your hands? This means meticulously cleaning your hands for at least twenty (20) seconds with soap and water, or an alcohol-based hand rub. You may find it interesting to learn that, according to the FDA, “the benefits of using antibacterial hand soap have not been proven.” Washing your hands remains one of the best preventative measures that you can implement to safeguard yourself and your elder loved ones. In addition, according to the World Health Organization (WHO) washing your hands helps to kill viruses that may be on your hands.
Let us share a few other suggestions from the WHO.
1. Maintain social distancing. Maintain at least 1 meter (3 feet) distance between yourself and anyone who is coughing or sneezing. This one is especially important because it is easy to breathe in the droplets of someone who is suffering from the COVID-19 virus. This is true for most viruses like the flu.
2. Avoid touching eyes, nose and mouth. Remember, especially for our younger loved ones, touching many surfaces can cause you to pick up viruses. WHO states that, “once contaminated, hands can transfer the virus to your eyes, nose or mouth. From there, the virus can enter your body and can make you sick.”
3. Practice respiratory hygiene. How do you practice respiratory hygiene? Cover your mouth and nose with your bent elbow or a tissue when you cough or sneeze. Dispose of the used tissue immediately.
4. Help “at risk” loved ones limit interactions with those who may be infected. First, understand who may be at risk using this article we want to share with you. Although social isolation can be hard, help these individuals try to make informed decisions about where they truly need to be. Routine check up? Maybe postpone it until the virus is under control as very ill people could be in the waiting room. Although these decisions are up to you and your family, think about how to best keep everyone’s health intact.
Another important precaution that can help everyone around you is to stay home if you feel unwell. Further, if you have a fever, cough and/or difficulty breathing, do not wait to seek medical attention. Be sure to call your healthcare provider in advance, if you can.
The last tip we will share is also extremely important as we continue to battle this deadly virus. Make sure that you stay informed and follow any advice given by your healthcare provider. Do not rely simply on the news or secondhand information. Staying up to date can arm you with the right information to make the best decisions for yourself and your loved ones.
If you would like to learn more about how you can protect yourself and your loved ones check out this WHO article that goes into detail about preventative measures that we can follow in the fight against COVID-19. Know that we are here for you, both now and in the future. Do not hesitate to contact our law practice to learn more about how to protect and advocate for yourself and those you love.
