by Bill Miller | Jan 6, 2021 | Blog, Elder Law, Estate Planning
Unless you are familiar with Tony Hsieh and his business approach, the connection between shoes and asset management might not seem obvious. Indeed, even if you do know a thing or two about the late former CEO of Zappos, you still might fail to see the connection. After all, what does your life’s work have to do with your footwear? Unless you have blown your savings into collector kicks, the truth is not much; however, if you are talking about the common ground between running a successful shoe enterprise and a successful estate and elder law firm, then the similarities are plenty.
Tony, who passed away tragically in late November founded the internationally-recognized online shoe retailer Zappos and in so doing left a legacy that can be counted not only in dollar signs, but in the much richer currency of human happiness. This is because Zappos is an outlier in the world of online retail. The company runs on ten core values which all, in some form or other, exist to ensure customers, as well as employees, vendors, shareholders and the community all leave any interaction with Zappos feeling happy. These values are the following:
- Deliver WOW Through Customer Service
- Embrace and Drive Change
- Create Fun and A Little Weirdness
- Be Adventurous, Creative, and Open-Minded
- Pursue Growth and Learning
- Build Open and Honest Relationships with Communication
- Build a Positive Team and Family Spirit
- Do More with Less
- Be Passionate and Determined
- Be Humble
Notably, nothing about shoes appears and there is not a single mention of profits. This is because, as the title of Tony’s book Delivering Happiness: A Path to Profits, Passion, and Purpose would indicate, happiness is profit, as well as so much more.
The lesson to be learned from Zappos applies at least as much to estate and elder law as to online retail. After all, an estate plan is only successful if one, it provides peace of mind to the person for whom it is prepared and two, eases the burden upon their family when they pass. These outcomes, peace and ease, are cousins of happiness and the cornerstone of a successful practice. When they are lost from sight, so too is an estate and elder law firm’s raison d’être.
Here at Miller Estate and Elder Law we take this to heart. Your happiness, as well as that of everyone involved in our operation, is fundamental. This is because when you leave our office, you do not leave with anything—not even a new pair of shoes—if you do not leave happy. Sure, we might secure your assets for future generations, ensure you have access to the care you need in old age, and help you in making the most of your life’s work (among many other services), but none of that is worth a great deal if you do not feel good doing it. Money and security mean little without well-being, after all.
In sharing this reflection, our goal has been to offer some insight into our practice. If you are reading this and happen to be a current or former client, hopefully all that has been said rings true. Whether this be the case or not, it would mean a lot if you could drop us a review on Google and AVVO. Reviews, both positive and negative, help us do a better job of helping you but more than that, they help other folks out there find services that are invested not only in raking in profits, but in nurturing happiness and building connection. Thank you!
If you would like to know how we can help with your estate plan, contact us today. You can also call 256-472-1900 to set up a consultation.
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 | Nov 20, 2018 | Elder Law, Medicaid Planning
Life throws curveballs sometimes, and we have to be ready. In her 40s, Joanie thought Medicaid planning was far ahead of her. She put off talking to her attorney about Medicaid planning. Unfortunately, she suffered permanent traumatic injuries as a result of a car accident. Her family frantically searched for ways to pay for Joanie’s 24/7 nursing care. As they started the Medicaid application process, they wished Joanie would have done some Medicaid planning.
Why Start Medicaid Planning?
Long-term care is expensive. There are basically three ways to pay:
- Self-pay, which can deplete a person’s life savings;
- Long-term care insurance, which may charge high premiums or be impossible to get; or
- Government benefit programs, like Medicaid.
Applying for Medicaid is not easy. For one thing, Medicaid uses a 60-month look back period. This means they review an applicant’s financial records for the 60 months prior to his or her application date. Certain transactions may cause Medicaid benefits to be delayed or even denied. However, Medicaid planning can take care of this before Medicaid is even needed.
For example, an individual might change their property titles or transfer all their property to a trust or just outright give real property or high-end assets to heirs. This type of activity must be done before the 60 month look back period, though.
How to Start Medicaid Planning.
Consult with an attorney who understands the Medicaid process. Specifically, you will want to talk to someone who knows
It may be possible for you to re-title your property. This can be tricky and lead to unintended – an unwanted! – consequences if done incorrectly.
An attorney who understands Medicaid planning may be able to give you more information about long-term care insurance. It’s not for everyone but can be an excellent way to pay for long-term care instead of digging into savings and retirement accounts.
Finally, there are trusts that may allow you to safeguard at least some of your hard-earned assets for your heirs.
Don’t Wait.
The attorneys at Miller Estate and Elder Law know how to help you with Medicaid planning. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We also offer free workshops and guides with more information about topics that matter to you. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 12, 2018 | Caregivers, Elder Law
Louise provided in-home services for an elderly couple, Leonard and Amelia. Five days a week, she helped the couple bathe and dress, cooked, did some light housekeeping, and helped manage their prescriptions. Louise felt that most of the couple’s medical needs were being met. As a caregiver, she did have some legal concerns about her patients.
The General Durable Power of Attorney
Caregivers may closely watch their clients’ medical conditions. They may see their patients gradually deteriorate to the point of incapacity. Before this happens, a caregiver may suggest the patient sign a general durable power of attorney.
This document gives the patient the opportunity to plan ahead for his or her financial affairs. The principal – the person signing the power of attorney – can name a trusted person to make financial decisions and pay bills. As long as the power of attorney is ‘durable’ the authority granted continues even if the principal becomes incapacitated.
Patient Needs a Health Care Power of Attorney
A caregiver understands the important of having an advanced directive or health care power of attorney. Like a general durable power of attorney, the person signing the document names a trusted person to make decisions for them. In this document, however, the agent is given authority over medical decisions.
Patient Needs to Apply for Government Assistance
Sometimes patients need long-term care. The caregiver may realize that the patient would benefit from government programs like Medicaid and VA benefits. There’s even a Medicaid program designed for family caregivers.
Navigating government benefit programs can be difficult and frustrating. It helps to have someone on your side.
Patient Needs to Hire an Attorney
Which brings us to getting someone who can help with the other three concerns: a lawyer. A caregiver may see a need for a patient to consult with an attorney. One thing to be careful of, however, is to avoid any appearance of undue influence over the patient.
The attorneys at Miller Estate and Elder Law efficiently assist their clients with their estate planning, Medicaid applications, and probate. 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.
by Bill Miller | Oct 10, 2018 | Elder Law, Medicaid
Jeanie lived several hours away from her parents, Norah and James. As they entered their 80s, Norah and James started needing a little more assistance, so they could stay in their home as long as possible. Unfortunately, Jeanie was unable to be with them as much as she would have liked. She started asking her friends whether her parents could get Medicaid to help with daily activities.
What is Medicaid?
It’s a needs-based government program. However, while most Medicaid funding comes from the federal government, individual state governments manage their own Medicaid agencies.
What are ‘daily activities?’
Officially, Medicaid calls these “Activities of Daily Living” or ADLs, which include:
Eating, bathing, dressing, caring for personal hygiene, toileting, transferring from bed to chair and vice versa, ambulation, maintaining continence, and medication management.
Health care providers may assess an individual’s ability to perform daily activities before deciding what type of care they need. For example, if Jeanie’s mom, Norah, is having trouble moving around the house, taking a bath, and remembering to eat, her medical providers may suggest she get someone to care for her.
Some people may also need assistance with Independent Activities of Daily Living (IADLs). These activities include meal preparation, using the telephone, doing laundry, making beds, dusting and vacuuming.
What services are offered?
When an individual needs assistance with ADLs or IADLs, Medicaid may pay for in-home and out-of-home assistance, medical supplies that help the individual perform ADLs. The services offered may depend primarily on the level of assistance needed with ADLs, but could include:
- Hiring skilled nurses to provide in-home care.
- Attending an adult day health services center.
- Transferring to an assisted living facility.
- Moving into a nursing home.
Medicaid also offers home and community based waivers. The Elderly and Disabled (E&D) Waiver Program assists people who are elderly and/or disabled. The person in need may get services like house cleaning, personal care, adult day health, adult companion, and home delivered meals.
Can Medicaid Help with Daily Activities?
Jeanie learned that Medicaid did indeed have programs that could provide her parents with the care they needed.
The attorneys at Miller Estate and Elder Law. help their clients get the benefits they deserve. 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.
by Bill Miller | Sep 3, 2018 | Elder Law, Medicaid, Medicaid Planning, Medicaid Qualification
Joe recently learned that his mother, Lillian, is applying for Medicaid. She lacks the funds and insurance to cover the cost of her 24/7 nursing care. Lillian was suddenly thrown into a world of procedures and terms that she did not understand. Joe felt a little helpless himself. His mother needs Medicaid and he does not what he can do to help her.
Help with the Medicaid Application Process
The Medicaid application process is complicated, complex, and frustrating. It’s also necessary. Medicaid is the largest payer of nursing home costs in the United States. In addition, a majority of people age 65 plus will need long-term care.
Joe can help Lillian find the right Medicaid program. For example, she probably needs either Medicaid for the Elderly and Disabled or Medicaid in the Nursing Home. He can read over the eligibility requirements and find the right application. They can apply online or using a paper application. Then, he can help her with one of the most difficult parts of the application process: finding the documents that go with the application.
Help Gather Supporting Documents
Medicaid requires a long list of supporting documents some spanning the 60 months prior to application, including:
Bank statements, annuities, life insurance policies, promissory notes, loans, property deeds, Social Security card, power of attorney, Will, trusts, long-term care insurance policy, Medicare card and Part D policies, just to name a few.
As Joe started helping Lillian gather documents, he was grateful that his mother was so organized. Many of the documents they needed were filed at her home. Other records required them to contact banks, financial institutions, and so on. Lillian signed a durable power of attorney that allowed Joe to get some records for her.
Help Find an Alabama Medicaid Attorney
It helps to have someone on your side who knows how the Medicaid system works. If an application is denied, naturally the applicant’s benefits are delayed. And, if they have an immediate need for Medicaid funds to cover their care, well, someone has to pay for it. The applicant or family members may be forced to pay substantial amounts for long-term care that could have been covered by Medicaid. That’s why it is so important to get the application right the first time.
Joe found a good elder law attorney for Lillian. In addition to helping get Lillian’s Medicaid application together, they were able to handle other estate planning issues:
- They set up a Miller Trust to handle monthly income in excess of Medicaid resource limits,
- Prepared and signed a durable power of attorney and health care power of attorney, and
- Helped Joe get his own estate planning and incapacity planning in place.
Sometimes You Just Need a Helping Hand
The application process for Medicaid is a difficult path for most people to navigate. The attorneys atMiller Estate and Elder Law use their skills and experience to make the experience a little less difficult.
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.
