by Bill Miller | Aug 31, 2018 | Elder Law, Medicaid, Medicaid Planning, Medicaid Qualification, Nursing Home
It’s a cold, hard fact. Many people in the United States need long-term care at some point in their lives. It’s also true that this care is expensive.
How many people really need long-term care?
As our population ages, the number of people in need of skilled nursing care will skyrocket. Today, roughly 70% of people who are age 65 will need some form of long-term care in their lifetimes.
Also, age is not the only reason people need long-term care. About 8% of people age 40-50 year age group need long-term care due to a disability. And 69% of people age 90 and up are likely to suffer from one or more disabilities.
Long-term care is expensive. How do people pay for it?
There are basically three ways to pay for this type of care:
- Self-pay, which may use up all your savings and resources.
- Long-term care insurance, which can be difficult to get as you get older.
- Public benefit programs like Medicaid.
So, it’s important that you be able to qualify for Medicaid.
That requires planning.
And Medicaid planning should take place years before you need care.
If I won’t need long-term care until I’m 65 or older, why plan now?
Medicaid programs pay more long-term care expenses than any other group. This means it’s critical that you be able to qualify for Medicaid. The whole application process is complicated and frustrating. Not everyone qualifies for Medicaid, leaving their families struggling to find other ways to pay.
The reason to start planning now is because Medicaid doesn’t just look at your current financial picture when considering your application. They actually look at financial records starting from 60 months prior to the application date. During that time, you may have transferred money or property to family as an early inheritance or just a gift. That kind gesture could reduce or eliminate your eligibility for Medicaid.
The Good News.
There are ways to prepare for Medicaid, well in advance of the time you need it. It’s complicated, but we can help.
The attorneys at Miller Estate and Elder Law assist clients just like you apply for Medicaid benefits. We also help with Medicaid planning and estate planning. For a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form.
We also offer free guides, videos, and workshops.
We have offices in Anniston and Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Aug 15, 2018 | Elder Law, Estate Planning, Medicaid Planning
Ned was a prominent business man in the community before suffering a devastating stroke. Sally was young and carefree, until she was involved in a catastrophic car accident that nearly took her life. And Jane’s mother, Lucy, was near death and worried about where all her property would go after she passed away. These individuals have something in common: they were involved in emergencies that could have been helped – or were helped – by estate planning.
The Need for Incapacity Planning
Ned and his family had absolutely no warning before he fell ill. One day he was running his business and planning a vacation with his wife. The next, he was lying in the Emergency Room. His family did not know where to turn when handling his complicated finances and his business interests.
Ned had never signed a durable power of attorney, which would have remained active even after his incapacity. If he had, his family would have known who was responsible for taking over his financial affairs. He also had never put together any business succession plans with his associates. They were left scrambling for ways to keep the companies afloat.
The Need to Make Health Care Decisions
Sally’s injuries were life-threatening and life-changing. If she lived, she would face a tough road ahead. Her family had many tough decisions to make – but no one was authorized to make them.
She also had never signed a durable power of attorney or a health care power of attorney. Because Sally was over age 18, her mother was unable to make medical or financial decisions for her. The medical issues were the most pressing. Her doctors needed to talk to someone who could make decisions about Sally’s care. Finally, Sally’s mother was forced to start a court proceeding to become her guardian and conservator.
The Need to Have a Plan
Jane’s mother would be entering a hospice soon. She knew she was not going to survive her liver cancer. Jane wanted her mother to be as comfortable as possible, but something was bothering Lucy. She had never made a Will. It was important to her that she use her last days to make a good plan for her estate and her heirs.
Jane contacted an attorney who met with her mother. Because her mother was still mentally alert, she was considered to have the capacity to prepare her Will. She knew who her beneficiaries were, and what property she owned. The attorney prepared the Will, which Lucy signed a week before death.
Good Estate Planning is Key.
We can’t always know when something bad is going to happen to us. However, we can have plans in place that will handle those bad times if they come.
The attorneys at Adams & Miller, P.C. know how to help you with estate 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 | Aug 13, 2018 | Elder Care Planning, Elder Law, Estate Planning, Medicaid Planning, Medicaid Qualification, Nursing Home
Jackie wanted her mother to have the best care possible. At age 82, Mom needed more assistance than she could get at home, even considering the great in-home nursing options available. As Jackie looked for a nursing home for her mom, she wondered how much her mom’s long-term care would cost? She came face to face with reality: long-term care is expensive!
What are the chances someone will need long-term care?
According to federal government statistics, 20% of people age 65 will need long-term care for more than five years. And if you are 65 right now, you have an almost 70% chance of needing some form of long-term care.
The families of people needing long-term care are affected also. In addition to the stress of caring for another person, they must also find the right type of care. Family members also usually have to struggle to find a way to pay for that care.
What type of care is considered long-term care?
It’s not just residential care at your local nursing home. There are other options.
- In-Home Care. Most older people want to stay in their homes as long as possible. When they need extra nursing assistance, they can often hire skilled in-home care providers.
- Assisted Living Facilities. While this is residential care, as is a nursing home, the resident has greater flexibility and privacy. Assistance, often from a trained nurse, is available if needed.
- Residential Care. Sometimes this type of care if unavoidable. Residents of nursing homes may lose some privacy but make up for it with greater skilled nursing care.
So, how much does long-term care cost?
It depends on where you live and what type of long-term care is needed.
The following figures reflect the 2017 cost for long-term care in Alabama:
- $42,900 – In-home care
- $41,688 – Assisted Living Facility
- $73,000 – Nursing Home (semi-private room)
- $76,650 – Nursing Home (private room)
These costs, of course, are averages and the actual cost may vary. Costs are expected to increase over time.
Start Planning Now.
At Adams & Miller, P.C., we make it our business to put our client’s needs first. We assist our clients in making thoughtful decisions regarding incapacity planning. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham and we assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jun 17, 2018 | Elder Law, Estate Planning, Medicaid
Elderly people often want to remain in their homes as long as practical. But their caregivers and loved ones face some tough decisions. How can they keep Grandma Ruth safe while respecting her rights? Sometimes, Medicaid home and community-based waivers provide the best solution to a difficult situation.
Avoiding the Move to a Nursing Facility
Long-term nursing care doesn’t have to mean you have to pack up and move to a nursing home. When it’s appropriate for a patient, in-home care is preferred over residential care. For one thing, it’s less expensive. Depending on the level of care needed and the location, costs may be as follows:
Nursing home care – between about $200-$235 per day, or approximately $6,000 – $7,000 per month.
Assisted living care – about $2,930 per month. Care for patients with severe Alzheimer’s or dementia may cost $830 more per month.
Adult day care – averages around $47 a day. Again, it’s more expensive in some areas than others.
In-Home Care – typically costs $17 to $22 per hour. Monthly cost, of course, varies depending on the number of hours the paid caregiver works. At 4 hours a day, 20 days a month, the cost would range from $1,360 to $1760.
So, How Can Medicaid Help?
Home- and community-based services are available to qualified Medicaid applicants. The Alabama Elderly and Disabled (E & D) Medicaid Waiver program offers waivers to people age 65 or older, or disabled. Those who qualify may have the state manage their care or may choose their care providers through a program called Personal Choices. This is sometimes called self-directed, participant direction, or cash and counseling.
The waivers are used to pay for in-home or community-based care. The program will not pay for 24/7 in-home care, though.
Use of Medicaid waivers for in-home care helps individuals while also reducing costs for Medicaid. However, participants in the program must first be qualified to receive Medicaid benefits.
Eligibility Is the Issue.
The attorneys at Miller Estate and Elder Law assist clients with applying for the right public benefits, like the Alabama Elderly and Disabled (E & D) Medicaid Waiver program.
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.
by Bill Miller | Jun 14, 2018 | Elder Law, Estate Planning, Medicaid
A job transfer took Harriet from Michigan to Alabama. The move was stressful, as most moves are. However, Harriet’s relocation was more complex than most. As an only child, Harriet was the only source of reliable help for her mother, who lived in a nursing home in Michigan. Harriet began making plans to move her Mother, but was concerned about her Medicaid benefits.
Medicaid Benefits
Although the funds for Medicaid flow from the federal government, individual states act as administrators of those funds. However, states are allowed to customize some rules and regulations. This flexibility means the rules for receiving Medicaid differ depending on your state of residence.
Fortunately, there are processes in place to move a Medicaid recipient from one state to another. Unfortunately, that process is not as easy as it could be.
Not Exactly a Transfer
First, the Medicaid coverage in the former state cannot just be transferred to the new state. Each state has different eligibility rules, and the recipient must meet the requirements of the new state. Also, Medicaid recipients are not allowed to have coverage in more than one state. So, establishing residency in the new state is the first step. The recipient then can cancel coverage from their former state and apply for Medicaid in their new state.
Requirements Related to Moving
The good news is that it’s probably not impossible to qualify for Medicaid in a new state. Although requirements vary, most states eligibility requirements are similar. A person who is already qualified for Medicaid in one state stands a good chance of qualifying in another state.
No length of residency requirement. States are not allowed to place length of residency requirements on applicants. An applicant can establish residency simply by moving to the new state.
Coverage can be retroactive. Naturally, it takes some time to get approval from the new state’s Medicaid agency. Fortunately, there should be no gap in coverage because Medicaid can be granted retroactively.
Maintain Medicaid Coverage During a Move.
Harriet was able to safely move her mother to a nursing home in Alabama. She cancelled the Michigan Medicaid benefits and immediately applied for Alabama Medicaid. Her mother’s application was approved, and her coverage continued.
Do you or a loved one need Medicaid assistance? Schedule an appointment with one of the qualified elder law attorneys at Miller Estate and Elder Law Our phone number 256-251-2137. Or you may choose to use our Contact Form to get started on your path to peace of mind.
by Bill Miller | Jun 13, 2018 | Elder Law, Estate Planning
As parents grow older, we become more involved in their lives. But your involvement should go beyond picking up the groceries and mowing the lawn. It’s time to find out if your parent has the right life care plan.
You say tomato, I say tom-ah-to.
‘Life care plan’ is another way of saying ‘estate plan.’ Either way you say it, estate planning is one of the most important processes you’ll go through.
Estate planning documents don’t just set forth how your parents want their property to be disposed of after death. Documents like a durable power of attorney, health care power of attorney, and living will dictate how your loved one’s golden years will unfurl.
The right estate planning documents can:
- protect your parent’s assets so they can pay for long-term care or leave an inheritance to their children;
- keep them from having to go through a guardianship or a conservatorship;
- assist in paying for long-term care; and
- provide critical information to medical providers.
But how will you know if your parent’s plans are right?
Talk to them.
Discussing topics like long-term care and death is never easy. However, your parents won’t be around forever. So, sit down and talk with them, go over any estate planning documents they’ve made. If they’d like, make an appointment with an attorney who can tell them whether their plan is still good to go.
Another benefit to talking to your parents? You give them the opportunity to state their wishes regarding medical treatment, end-of-life care, and funeral arrangements. Talking and planning may give them a great sense of relief.
Help them help themselves.
Maybe you have an older parent facing elder law issues. Maybe you are looking ahead to your own future. Either way, it’s important to know what rights and protections are available for senior citizens. Schedule a consultation with one of our attorneys and find out where you stand. Our phone number is 256-251-2137, or you may want to use the Contact Form on our website. We have offices in Anniston and Birmingham and assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
For more information about estate planning, please take a few moments to check out the videos on our website and YouTube channel.
