by Bill Miller | Jun 11, 2018 | Elder Law, Special Needs
In today’s busy world, families often hire caregivers for their elderly and disabled loved ones. Many times, caregivers do a wonderful job. Still, it’s important for families to keep watch for signs things are not as they should be. It can be difficult to recognize the signs of elder abuse and even harder to know what to do about it.
What is elder abuse?
The term “elder abuse” can mean a single act, repeated act, or lack of appropriate action in several areas, including
- Verbal, physical or sexual: shouting, hitting, using drugs to inappropriately sedate, or confinement.
- Psychological or emotional. bullying, taunting, scapegoating, humiliation, isolation, or terrorizing.
- Financial. unauthorized use of an elderly person’s finances, stealing money or property, forging signatures, forcing a person to sign documents under duress, or identify theft.
- Healthcare fraud. charging for medical services that were not provided, overcharging, overmedicating or under medicating a patient, recommending inappropriate care, or recommending care for which kickbacks are received.
Elder abuse can also take the form of neglect. Instead of seeing bruises or bank accounts that mysteriously empty, abusive behavior might show up as failing to provide food, shelter, or medical care.
Abusive behavior is not limited to paid caregivers or nursing home personnel. Abusers may be family members, spouses or partners, neighbors, or family friends. Anyone who is in a position of trust for an elder person can be abusive.
How can I recognize elder abuse?
One of the best ways to protect your elderly loved ones is to communicate regularly. Visit often or call if you do not live nearby. Know what is “normal” for your loved one. If your usually talkative Aunt Gertie suddenly falls silent something could be wrong, either medically or because of an abusive situation.
Watch for physical signs of abuse. We all fall from time to time, especially as we age. However, you can watch for broken bones, sprains, dislocations, bruises, scars, and signs of restraints. Neglect may show in the form of unexplained weight loss, dehydration, poor hygiene, and wearing inadequate or inappropriate clothing.
Beware of anyone who tries to limit your time with your loved one. Someone who insists on being present while you visit may be trying to prevent a cry for help.
Ask your elderly relative to talk to an estate planning attorney before they become incapacitated. A durable power of attorney can authorize a trusted person to watch over financial accounts. A health care proxy designates who may make health care decisions for your loved one.
What can I do if I suspect elder abuse?
Do not confront the suspected abuser yourself. This could lead to greater abuse before your family member can be removed to safety. Talk to other family members and friends. Not only can they confirm whether abuse is occurring, but they can help stop the abuser.
If you need immediate assistance with an abusive situation, call 911. Otherwise, you can call the non-emergency number for your local law enforcement. Also, you may contact the Alabama Adult Abuse Hotline: 1-800-458-7214.
Ask an Elder Lawyer.
At Miller Estate and Elder Law., we make it our business to put our client’s needs first. We assist our elderly clients and their families in setting up estate plans that work for them. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham. We also assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jun 11, 2018 | Elder Law, Estate Planning
Divorce has been around for a long time. But “gray divorce,” a relatively new term, refers to divorce of an older (gray-haired) couple. As with any divorce, your life will change. And any major life changes mean that it’s time to review your estate plans. Gray divorce may offer a few new wrinkles over a divorce that happens earlier in life.
Wills and Other Documents
Norma divorced her husband, Ray, after 42 years of marriage. However, she just never got around to changing her Will. When Norma passed away several years after the divorce, her family tried to probate her Will. Her ex-husband was supposed to receive all her estate other than a few small bequests to other family members.
Now, by Alabama law your ex-spouse is considered to have “pre-deceased” you if you pass away before changing your Will. It does not matter how long you were married before the divorce. Any bequests to your ex-spouse are revoked as soon as the split is finalized. In Norma’s case, her ex-husband will not receive any of her probate estate.
However, a Will is only one of your estate planning documents.
A power of attorney is a legal document where the principal (you) designates another adult to make decisions for them. With a durable power of attorney, the agent’s authority continues if the principal becomes incapacitated. If you named your spouse as your agent – as many people do – you need to change this document as soon as possible.
Two documents commonly used as advance directives are:
- The health care proxy in which you name someone to make health care decisions for you; and
- The living will in which you state your wishes regarding end-of-life treatment and name someone to speak for you if necessary.
As you might imagine, both documents should be changed as soon as possible.
Norma failed to change her health care proxy after divorcing Ray. She became incapacitated before her death. Ray was unwilling to make health care decisions for her, so her family had to go to court to get authority to act for her. The family was fortunate that Ray was not an unscrupulous person. Armed with Norma’s unchanged durable power of attorney, he could have cleaned out her bank accounts before her death.
Beneficiary Designations
Many, if not all, of your financial accounts and insurance policies allow you to state who will receive the funds in your accounts upon your death. Effective September 1, 2015, beneficiary designations to an ex-spouse are revoked unless the designations were specifically accounted for in the divorce settlement.
However, this does not mean you can forget about changing your beneficiary designations. In Norma’s case, her designations naming Ray were cancelled. However, she failed to name successor beneficiaries. Instead of transferring automatically to her heirs, the funds in her accounts were held up in probate.
Incapacity Planning
Hopefully, an older couple has done at least some incapacity planning. This may include buying long-term care insurance or establishing a living trust. Any plans made for incapacity will need to be untangled during the divorce negotiations.
Funeral and Burial Plans
Older people are more likely to have pre-paid funeral and burial plans. This type of plan will need to be negotiated. Even if a couple spent many years together, it does not mean they want to spend eternity next to each other.
Divorce Is Tough at Any Age.
The attorneys at Miller Estate and Elder Law have the experience you need to get the estate plan you deserve. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment or fill out our convenient Contact Form. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities.
by Bill Miller | Jun 8, 2018 | Caregivers, Elder Law, Nursing Home, Special Needs
Calvin was becoming more frail every day. Daisy, his wife of 52 years, was finding it difficult to help him with his daily living activities. After several trips to the emergency room, Calvin’s doctor told them that he needed in-home nursing care. Daisy was left wondering, “What now?”
Locating the Right Caregivers
If you find yourself in this situation, the first thing to do is to find out exactly what kind of care your spouse needs. This will help you locate the right care and apply for the appropriate benefits.
For example, will your spouse need help only with activities of daily living like bathing and dressing? Or will he or she need a home health aide for skilled nursing care like taking vital signs and assisting with medication? Home caregivers may be hired through an agency or by private means while skilled health care workers are typically hired only through an agency.
Once you know what activities your in-home nursing staff will be responsible for, you can start looking for a caregiver that offers the assistance you need.
Paying for In-Home Nursing Care
In-home care is less expensive than long-term residential care, but it can still be out of reach for many people. As with long-term care, there are three basic ways to pay for in-home care:
- Self-pay. Even in-home care costs may quickly deplete your savings.
- Long-term Care Insurance. Benefits could help pay for both in-home and institutional care. Like all insurance, you have to apply and be approved. It’s likely that someone in Calvin’s position would be ineligible or would have extremely high premiums.
- Government Benefits. VA benefits might be available if you or your spouse served in the armed forces. Medicare might cover limited in-home care for a short period of time, but it’s not an option for the long haul. Medicaid does cover skilled care and assistance with daily activities.
Pre-Planning Is Best.
No one wants to think they may need in-home care, but it happens. Plan ahead with comprehensive estate planning, Medicaid eligibility planning, and purchasing insurance when possible.
The attorneys at Miller Estate and Elder Law have the experience and training to handle your concerns. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities.
by Bill Miller | Jun 6, 2018 | Elder Law, Medicaid, Medicaid Planning
Applying for Medicaid is tricky, and timing is important. In fact, Medicaid planning is best started years before you actually need to apply for benefits. How your property is owned, and when it was titled, makes a big difference. One way to plan ahead for Medicaid is by using a life estate deed.
What is a Life Estate Deed?
A deed is a legal document used to transfer property interests. Just as there are different types of real estate transfers, there are different types of deeds: general warranty deeds, statutory warranty deeds, quitclaim deeds, and life estate deeds.
A life estate deed is often used in estate planning. It’s also useful for Medicaid planning. Some of the benefits offered when using a life estate deed include:
- As life tenant, the property owner continues living at the property until death or incapacity.
- At the death of the life tenant, the property immediately passes to the other owners, known as remaindermen or remainder beneficiaries.
- Property passed by life estate deed is not included in probate estate. (However, it is still included in taxable estate.)
Medicaid Eligibility and Your Life Estate Deed
The Medicaid application process involves determining eligibility based, in part, on available income and resources. If an applicant owns property outright, it typically will be considered a resource. In some cases, people are denied Medicaid eligibility because their income or resources exceed the limits.
However, Alabama Medicaid guidelines do not consider property held under a life estate deed to be a resource – unless the property was transferred within the five year review period going back from the date of the application.
How might this play out? Well, if Maggie applies for Medicaid. She does not own her home outright, but has signed a life estate deed naming her children as the remainder beneficiaries. Her other resources put her well below the resource limit. Medicaid ignores the property that’s held under the life estate deed and approves her application. Several years later, Maggie passes away and the remainder beneficiaries take possession of the property. There are tax consequences of using a life estate deed that need to be considered before proceeding.
Learn More About Life Estate Deeds and Medicaid.
Even if you haven’t started Medicaid planning before you need to apply, you can still benefit from the advice you’ll receive from the attorneys at Adams & Miller, P.C.
Don’t let Medicaid eligibility issues give you an unpleasant surprise. Know where you stand now, and how to plan for the future. Talk to an Alabama attorney with experience and training to handle your concerns. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities.
by Bill Miller | May 7, 2018 | Elder Law, Nursing Home
Some of the things we’re called upon to do are difficult on many levels. For example, it’s not easy to find the right nursing home for a loved one. The day you move your elderly relative into their new room at a residential facility, you need reassurance you’re doing the right thing.
In one nearby town, the Lucas family realized their beloved grandmother, Pearl, was no longer able to live at home. In fact, she had been admitted to the hospital with a major stroke. Fortunately, Pearl had signed a medical power of attorney and a durable power of attorney appointing her grandson, Oliver, to handle her affairs. Oliver needed help, though, when it came to finding the right place for Pearl.
Understand Your Options
Before signing the papers for a room at the nearest nursing home, confirm your loved one’s diagnosis. Pinpoint the type of care needed. Some people may need 24/7 assistance, while others just need someone to stop by to help with medication or bathing. Residential care is not the only option. It’s possible you only need the following services instead:
- In-home care provides services for those who are unable to leave home without either assistance from another person or the assistance of special equipment.
- Independent Living Facilities provide safe environments for senior citizens in need of little or no medical assistance.
- Assisted Living Facilities, though similar to independent living facilities, offer services to people who don’t need a lot of help.
Pearl needed a level of care that was too great for the alternatives. She needed 24/7 residential care. Oliver moved on to the next phase of his search.
Research, Research, Research
First, he read the Rights of Nursing Facility Residents so he would know what to expect from reputable nursing homes.
Next, he began to research nearby nursing homes. Alabama’s Bureau of Health Providers licenses and certifies health care facilities like nursing homes. They even maintain free directories of health care facilities. At their site, you can compare nursing facilities on a national level.
Ask for references from friends and neighbors. There’s a good possibility that someone you know has been faced with the same problem you have: finding affordable care that meets your needs.
Oliver looked at online reviews and researched a facility’s licensing status before touring any facilities. He also got some great tips from Pearl’s neighbors and friends. Eventually, he found a great long term care facility near Pearl’s hometown. Not only did she get the nursing care she needed, her friends and family were able to visit often.
Learn More About Finding – and Paying for – Nursing Homes.
The attorneys at Miller Estate and Elder Law assist clients with applying for the right public benefits, including Medicaid. 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.
See also:
Finding Nursing Home Alternatives
My Spouse Needs In-Home Nursing Care ASAP. What Now?
Paying Your Nursing Home Bills
by Bill Miller | May 1, 2018 | Elder Law
Things happen fast during an emergency. It always helps to have a plan in place before the emergency hits, whether it’s a hurricane, wild fire, or medical event. Even in the field of estate planning, situations arise that must be dealt with completely, but swiftly.
When Terminal Illness Strikes.
Joe learned of his disease last week. He had felt bad for a while but didn’t realize it was cancer. He was even more shocked to learn that his days were extremely limited. Joe knew it was time to get his affairs in order.
If you or a loved one is facing terminal illness, there’s no time to find an attorney, then wait two weeks for an appointment. It may then take the attorney several weeks to draw up your papers and send them to you for review. You don’t have the luxury of exchanging revisions several times before actually signing the documents.
A Trip to the Emergency Room Leads to Emergency Estate Planning.
Nolan ended up in the emergency room after a severe fall at his home. As his family gathered to support him, they all learned that Nolan’s days of living alone were over. He needed either in-home or residential nursing care, possibly for the rest of his life. Nolan had never put together an estate plan and had never done any Medicaid planning. That was now up to his family.
Since Nolan needed to be moved from the hospital in a few days, they started looking for a facility. The costs of staying in a nursing home were stunning. Nolan had very little resources and could never pay the costs of full-time care. They looked for alternatives, but nothing worked and their time was running out.
They finally talked to someone in the local Medicaid office and began applying for emergency Medicaid benefits. The application process confused and dismayed them.
If you or a loved one may be facing the prospect of applying for Medicaid, talk to an attorney now. Working out arrangements for long-term care should be done as early as possible.
Be prepared.
A little planning on your part can prevent emergency estate planning situations. Doing so relieves your loved ones of a heavy burden if something happens to you.
At Miller Estate and Elder Law, our attorneys know how to handle your concerns. Contact us at 256-237-3339 to schedule an appointment. We help clients in Anniston, Talladega, Birmingham, Hoover, Trussville, Gadsden and surrounding communities.
