by Bill Miller | Jan 6, 2020 | Blog, Long-Term Care
When you think about your New Year’s Resolutions, what comes to mind? Is it the tried and true: get healthy, lose weight, and spend more time with family and friends? Do you find yourself focusing more on setting business or personal goals? When it comes to the future, how far out are you planning? This year? Next year? Or five years down the line?
While we find that most of us share similar resolutions for personal improvement and spending more time with loved ones, we often find that most of us are not looking far enough into the future. Our goals address our needs now, not twenty to thirty years from now. Further, most of us do not contemplate the potential need for long-term care of any kind.
Unfortunately, during this time of celebration and planning, we can tell you that there is never a wrong time to plan for potential long-term care needs. This planning, whether in the New Year or not, needs to be undertaken sooner rather than later. After all, where you are thinking about personal goals and planning for loved ones, this must include a look at your potential future in any setting.
Research tells us that less than fifty percent of all Americans today do not have any form of estate planning. We are also told that half of two-thirds of all Americans will need some form of long-term care in the future. Combined, these factors are a recipe for disaster. In the former scenario, you have not made any plans to protect yourself or your loved ones. In the event of incapacity, there will be no legal documents in place to give a trusted loved one the legal authority to make your financial and health care decisions. Your future decision making may then require court involvement, which can be time consuming and costly, to allow anyone to have authority to make your decisions.
The latter planning scenario is perhaps even more concerning, yet we find many people have not started long-term care planning in any form. This is the type of planning in which you and your elder law attorney work together to ensure that in the event of long-term care crisis you, and your loved ones, know how to both find the right care for you and are able to afford it. Unfortunately, many people do not realize that Medicare will not pay for the majority of the high costs associated with an assisted living facility or skilled nursing facility, and they will be forced to pay for it out of hard earned savings.
You do not want to leave yourself, or your loved ones, in a position of not knowing what to do in the event of your incapacity or death. You can plan ahead and make these decisions early to ensure that you are provided for under any possible future scenario. We can help you create an estate plan and a long-term care plan that is able to support you now, and in the future when your needs may change. Do not hesitate to contact our law firm now, or any time throughout the New Year.
by Bill Miller | Dec 12, 2019 | Aging Parents, Blog, Nursing Home
There is never a wrong time to visit a loved one who is in a nursing home. Simply seeing the visitor or family member may be more meaningful to the person confined to the long-term care facility than you know. With that said, each of us needs to be prepared as our loved one may find it difficult to effectively communicate due to his or her unique health concerns.
Despite there being little communication during the visit, oftentimes, just being present with a family member or friend can be satisfying to the patient. We know you may have questions on the ”right way” to visit with a loved one. We want you to know that there is no one “right way” but the following are some suggestions on how to make a visit to a person confined to a long-term nursing home meaningful.
As a visitor, you want to consider bringing with you items that can be of interest to the patient. For example, if the patient previously had a pet, it could be meaningful if the visitor brought his or her pet for a visit with the patient at the nursing home. Similarly, if the patient enjoyed music or played a musical instrument, the visitor could bring a cassette player and discs to play music that would be meaningful to the patient. Simply reading aloud can also be helpful.
Oftentimes, as nursing home residents decline, they lose the ability to communicate. Unfortunately, we see that this is a time when many families stop visiting as often because they do not know what to say or how to make the visits meaningful for the family, as well as their loved one. It can also be difficult to see a loved one when he or she cannot communicate. It is crucial to remember again that just being present can be rewarding for all involved.
Talk with your loved one about events going on in the community or family. Even if they are nonverbal, do not assume they cannot understand. Just hearing your voice could bring comfort and keep them connected with the outside world. It may also be helpful to prepare or purchase a special food or dessert they love or of an ethnic origin that is not offered at the nursing home. Before you do this, however, you will want to be sure that the dietitian and physician agree that the patient can tolerate this new food.
Looking at old family picture albums with a patient may be meaningful. This may cause the patient to reminisce about past life experiences. Bring in old family photographs and scrapbooks, if you have them. The patient may enjoy just listening to you explain the pictures and the memories.
We know this article may raise more questions than it answers. We are here to answer your questions on this or any elder care issue you may be facing. We guide and work to protect families throughout our community to ensure that they have the long-term care support they need. Do not wait to schedule a meeting with our team.
by Bill Miller | Nov 18, 2019 | Blog, trust
As Tom and Jessica worked on their estate plan, a friend suggested the look into creating a trust. Tom laughed because, obviously, on rich people need trusts. However, he and Jessica started researching trusts and learned, to their surprise, that many people can benefit from adding a trust to their estate plan.
Trusts, a Common Estate Planning Tool for the Masses
People can talk about trusts all day long, but not really understand them. One definition of ‘trust’ states that it is “an entity created to hold assets for the benefit of certain persons or entities with a trustee managing the trust . . .” What this really means is:
A grantor (also known as a settlor) signs a trust document creating the trust and naming a trustee to manage the trust assets for one or more beneficiaries.
Some trusts can be changed easily (revocable), while others are difficult or impossible to alter (irrevocable). One thing common with all trusts is that they have to be funded, that is, have assets transferred to the trust.
Sure, Some Rich People Need Trusts, but not Only Rich People
Some trusts actually are more suited for people who have to worry about handling their high net worth. However, there are options that suit the rest of us:
For example, revocable living trusts offer benefits that don’t require wealth:
- Probate Avoidance. No matter the size of your probate estate, avoiding probate is usually best. When you transfer your assets to a revocable living trust, they may pass directly to your heirs without the need for probate.
- Avoid Guardianship or Conservatorship Proceedings. Again, this is not a “rich person” thing. Anyone can become incapacitated and need a trusted person to care for them.
- Confidentiality. As your Will passes through probate, it becomes part of the public record. In most jurisdictions, almost anyone can view your Will. However, the terms of a trust usually remains confidential.
Find Out if a Trust Is Right for You.
Whether you need a trust or not depends on your particular circumstances. The attorneys at Miller Estate and Elder Law know how to help you with estate planning and probate. For a free consultation, contact us at 256-472-1900. Miller Estate and Elder Law is now located at 818 Leighton Avenue in Anniston, but we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
Also, visit our website to learn more about our free workshops and guides.
by Bill Miller | Nov 7, 2019 | Blog, Long-Term Care
Government benefits sometimes are difficult to find. Many programs exist and there’s just no way to know about all of the ones that might help you. For example, wartime veteran Alan L. had great difficulty taking care of himself as he approached age 75. His concerned family searched for programs that might help him. They decided to learn how to apply for Aid & Attendance.
What is Aid & Attendance?
This benefit program is provided to certain wartime veterans in addition to their monthly pension. To qualify, a wartime veteran must:
- Be eligible for the Veterans Administration (VA) basic pension;
- Require another person to help with daily living activities like bathing, dressing, feeding, and adjusting prosthetics;
- Be required to stay in bed due to a disability or disabilities;
- Be living in a nursing home because of mental or physical incapacity; or
- Have very limited eyesight.
If you notice any of the above-mentioned warning signs, the next step is applying. For example, our friend Alan mentioned above already receives his basic veteran’s pension. In addition, he needs help every day with very basic but necessary activities, including keeping him safe in his home. He may soon be moving to a nursing home. Alan and his family could really use some help paying for care that meets his needs. Considering everything, Alan is probably eligible for Aid & Attendance. Now, he just has to apply and qualify.
Navigating the Application Process
Like most government benefit programs, knowing how to apply for Aid & Attendance is difficult. To apply for Aid & Attendance benefits:
- Write to the Pension Management Center or visit the local regional benefit office to file your request for benefits.
- Include evidence validating your need for Aid & Attendance. It’s recommended that you present a report from your attending physician that states your needs and how well you currently get around.
The time from application to approval usually takes 6 to 8 months, although benefits occasionally may be approved in less time.
Get the Benefits You Deserve. We Can Help.
Don’t let DIY estate planning stand in the way of receiving benefits you deserve. Schedule a consultation with one of the attorneys at Miller Estate and Elder Law. Our phone number is 256-472-1900. Miller Estate and Elder Law is now located at 818 Leighton Avenue in Anniston, but we serve clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
by Bill Miller | Nov 4, 2019 | Blog
The month of November is here. This means for Alabama seniors, and those who are Medicare beneficiaries, it is time for the annual Medicare Open Enrollment period.
This is the time of year when you may update, change, or find new coverage for yourself as a Medicare beneficiary.
This annual time occurs from October 15th through December 7th. It is critical for seniors and their loved ones to pay attention during this time as there are limited opportunities to change Medicare coverage outside this window of time .
Despite all the information surrounding the Medicare Open Enrollment period, many seniors and their loved ones are still surprised to learn what Medicare does not cover. During this time of year, every Medicare beneficiary needs to learn the ins and outs of his or her existing plan and verify if there are changes to coverage, providers, medications, co-pays, and other plan facets that could impact their health care circumstances.
Medicare has created a number of resources to help you during this time that you may access by clicking this link to the Medicare website.
What may be most important to know, however, is that in almost all circumstances Medicare will not pay for the cost of long-term care. The reason why is because Medicare is designed to be an acute payor system. Long-term care, and the associated costs, do not fit within this model. This means that for many seniors, who are counting on Medicare to help defray the cost of long-term care in the future, are not prepared for what the future holds.
How will you pay for long-term care should you need it in the future? Let us share some of the options available for you to pay for long-term care should you need it.
- Self financing and potential impoverishment. Long-term care inside or outside the home can cost thousands of dollars each month. Most families do not have it in their monthly budget or in their savings to be able to indefinitely afford this type of care. Yet, that is the situation many Alabama seniors are facing without advance planning. This is just one of the reasons why you need to meet with an elder law attorney as soon as possible so he or she can help you navigate this challenge.
- VA Pension. This is one of the benefits from the Department of Veterans Affairs that has nothing to do with disability or injury. Instead of being based on a compensation system, this is a monthly, tax-free benefit available to all veterans and their dependents should they meet a service record, health, income, and asset test. It may be used to help pay for the cost of long-term care. The qualification process was changed in October of last year and this is something you may also want to discuss with your elder law attorney.
- Medicaid. The Medicaid program exists to help seniors and their loved ones be able to afford the high cost of long-term care, such as care in a skilled nursing facility. To access these services there is, again, a health, income, and asset test associated and you will want to speak with your elder law attorney as soon as possible.
The first place to start is understanding what your existing health care coverage will or will not provide during this annual Medicare Open Enrollment time. Once you select the right plan for you for the next year, do not wait to schedule a meeting with an elder law attorney who can guide you through the complications that arise from the need to pay for long-term care. We encourage you not to wait to find the answers you need. Schedule a meeting with attorney William Miller at your earliest convenience.
by Bill Miller | Sep 30, 2019 | Blog, Long-Term Care, Medicaid
Did you know a Baby Boomer is a person who was born between 1946 and 1964?
This means the Boomer is now between the ages of 55 and 73. Unfortunately, the reality of the aging process is he or she could possibly be facing a greater potential need of skilled nursing home assistance in the future. While this is a future none of us want to contemplate at any time, it is important for Boomers to understand the possible need to pay for long-term care early on.
Perhaps the most concerning issue surrounds how Baby Boomers use their personal funds.
A well intended gift could both deprive them of the money they need to pay for care in the nursing home and penalize them in their attempt to access public benefits such as Medicaid. For example, did you know a Boomer’s choice to give money to help a child with unplanned family expenses or to help a grandchild with the high cost of college tuition could result in him or her being penalized for making a gift? This can be the exact situation the Boomer is facing if he or she makes gifts like these within five years of needing nursing home assistance, as there is a penalty for uncompensated transfers when applying for public benefits.
Gifts, or uncompensated transfers, are just one of the potential threats to the success of the application for public benefits. In these situations, the child or grandchild who received money from the Baby Boomer would likely need to be able to immediately repay the gift to avoid the application for public benefits being denied. Likewise, it is important that the Boomer who received a gift from an aging parent have ready access to cash to immediately repay the loan or gift.
How can Baby Boomers plan to provide for their loved ones and still maintain access to long-term care benefits?
One of the ways to do this successfully is to work with the Boomer’s elder law attorney to create a contract for services with a child or grandchild who is caring for the Baby Boomer at home or in a long-term care facility. Another way to effectively spend down excess resources is by purchasing non-countable assets.
Non-countable assets can include, but not be limited to, any of the following:
- A homestead having an equity interest less than state allowed amount after deducting the mortgage,
- A vehicle regardless of its age or value,
- The cash value of a whole life insurance policy having a face value of $2,500 or less,
- The full value of an irrevocable burial contract regardless of the amount contributed to the policy, and
- A $2,500 exclusion for the Boomer’s bank account that has been designated for burial expenses.
It is important for Baby Boomers to know that there are ways to successfully spend down their assets and still be eligible for nursing home expenses. While gifts, or uncompensated transfers, are just one of the potential threats to the success of the application for public benefits these are murky waters that need the guidance of an elder law attorney who understands the challenges Baby Boomers and their loved ones’ face. We encourage you not to wait to get the answers you need and to reach out to our office to schedule a meeting.
