Your Income Will NOT Disqualify You From Medicaid Nursing Home Benefits

hammer breaking a piggy bank

How a “Miller Trust” Works As a Tool–
Breaking Open Qualification for Medicaid Nursing Home Benefits

In Texas, if your income is more than the monthly amount Medicaid permits, special rules allow you to re-direct your income to a legal tool called a Miller Trust or Qualified Income Trust (QIT).  This legal planning document allows you to meet income eligibility rules for Medicaid nursing home benefits.  If you don’t set up this type of trust,  your income cannot be more $2,250 per month in order to meet Medicaid’s 2018 eligibility requirements. 

The document is known as a“Miller Trust” for the family that brought the court action resulting in this planning solution for families.

Big thing to remember: income will never disqualify you for Medicaid nursing home benefits in Texas.

How Qualified Income Trusts or Miller Trusts Work In Texas

A Qualified Income Trust or “Miller Trust” is set up for one reason and one reason only. In it’s most basic form, you use this tool to gain income eligibility for Medicaid nursing home care by depositing your income into a checking account titled in the trust name.

Here’s how it works–

  • The trust is used to process your income as a Medicaid applicant, so that you meet Medicaid’s income rules ($2,250 per month in 2018). The trust must follow special rules for managing the monthly income of the person seeking Medicaid’s help.
  • The instructions contained within the document make up the trust. Only income may be deposited into these types of trusts. The trust bank account is prohibited from accepting anything other than income. That is why these are also generically referred to as income trusts.
  • Regulations require depositing income into a “Miller Trust” checking account authorized by the trust. Rather than using an existing account, I recommend fresh bank accounts with a zero balance. You can use a current account, but it’s too risky. In our practice we always help clients set up a new account.
  • When deciding eligibility, the Medicaid caseworker ignores the income deposited into the Miller Trust bank account. Using this approach reduces countable income. The apparent income reduction helps you meet the strict income rules.
  • To wrap up, Medicaid policy limits the monthly income you can receive and still qualify for nursing home benefits. The Federal government adjusts this upper limit for inflation each year.  In 2018, the monthly limit for income is $2,250. If your income exceeds the limit, special rules allow this income to be put into a Qualified Income Trust (QIT) or “Miller Trust.”

How Your Income Flows Through the Trust

A “Miller Trust”or Qualified Income Trust (QIT) helps you qualify for Medicaid in Texas–but it doesn’t shelter income. Money deposited into the trust bank account typically flows out of the trust to pay the nursing home. It’s designed to cover part of the care costs. The balance of the nursing home payment comes from Medicaid. If any money remains in the trust after death, the state keeps it to help defray their costs. 

Here’s an Real-life Example of How a “Miller Trust” works in Texas

Let’s say your mom needs nursing home care. She gets a monthly Social Security payment of $2,400. Her income exceeds the Medicaid eligibility limit of $2,250 for a single person, but is not enough to pay for the care she needs. The rules say that she doesn’t qualify for Medicaid, but the Miller Trust provides a workaround. Here are the steps we recommend for qualifying for Medicaid nursing home benefits in this example–

  1. Hire an attorney. The first step is to hire an attorney to create a Medicaid Qualified Income Trust or “Miller Trust.”  At Weaver Firm-Attorneys , we focus  on “Miller Trusts” and have for more than two decades
  2. Deposit mom’s Social Security check into the account. This drops the amount of income the state counts against her eligibility. Her Social Security income will pay part of her care. Medicaid makes up the difference. 
  3. The Medicaid agency figures out how much of the long term care costs an individual must pay. They add up the amount of income received each month. From that they allow payments for health insurance premiums. Examples include premiums for Medicare Part B, Prescription Drug plans, group retirement health insurance and dental coverage.
  4. Payment of medical expenses not otherwise covered by Medicare and Medicaid is also allowed from through the trust. The trustee (the person managing the trust) cannot use trust funds for any other purpose–except those allowed by Medicaid. 
  5. Your mom keep $60 out of the $2,400 for her personal needs.  
  6. If your mom is married, the trust may be able to distribute part of the income to the spouse.  This allotment is called the Minimum Monthly Maintenance Needs Allowance. The size of this monthly allowance is determined by the Spousal Income Protection rules. For 2018, the largest allocation in Texas is $3,090 per month.
  7. The trust will typically distribute all deposited funds each month to cover the items detailed above. There is little chance any money will grow in the trust. It is rare for a Medicaid recipient to die with a balance left in the qualified income trust account. If it happens, the state can recover what it spent on the applicant’s care. After the state is repaid, the trustee can distribute the rest to beneficiaries named in the document.

Setting up and managing a Miller Trust is not a “do-it-yourself” project. The rules are too complicated. 

Set up the wrong way, you face a real risk of losing thousands of dollars’ worth of benefits. Bear in mind once you lose those benefits, they are lost to you forever. If you have income that’s too high to qualify for Medicaid, a Qualifying Income Trust makes sense.

Call 817-638-9016 for an appointment today with Rick Weaver, attorney, or Travis Weaver, attorney, for guidance in setting up a “Miller Trust.” If you don’t call us, find another experienced attorney to assist you. A skilled attorney will prepare the specific instructions needed for the trust. You’ll get advice on how the trust should be set up and how to fund it. It’s the best way to avoid the pitfalls and get all the benefits out of “Miller Trusts” or Qualified Income Trusts in Texas.

The Weaver Firm – Attorneys
817.638.9016 

How A Lady Bird Deed, Nursing Home Medicaid Benefits, & Your Home Are Important

bird and birdhouse

A “Lady Bird” deed preserves the homeowner’s ability to immediately qualify for Medicaid benefits including payment for nursing home care.

Here’s how it works:  Transfers of assets within a “look-back” period may disqualify Medicaid applicants from immediately qualifying for benefits—but creating a Lady Bird deed, also called an enhanced life estate deed, is not considered a transfer for Medicaid purposes because the homeowner retains the right to sell the property or revoke the deed. No gift is ever made.

This deed is nicknamed “Lady Bird” because the Florida attorney who first drafted the deed used the name in his example. Sorry, Texans, we don’t get to claim this Ladybird.

What are the legal details?

A Lady Bird deed, technically called an enhanced life estate deed, allows a property owner to transfer a remainder interest in a home to the beneficiaries named in the deed, while reserving a life estate (a right to occupy and use the property during his or her lifetime) The grantor (or person who creates the deed) also keeps the right to sell or mortgage the property, change the remainder beneficiaries at any time, or cancel the deed altogether.

If the owner dies without revoking the deed, the property passes outright to the remainder beneficiaries without going to court.

Pretty neat.

How is an enhanced life estate deed different from a traditional life estate deed?

With both the enhanced life estate deed and the traditional life estate deed, a property owner transfers a remainder interest in the property to the ultimate beneficiaries and retains a life estate. However, a property owner using a traditional life estate deed does not reserve the right to sell or give away the land without the consent of the remainder beneficiaries.

The enhanced life estate deed allows the property owner to reserve those rights. That’s why it’s enhanced I guess.

Plenty of benefits to enhanced life estate deeds

Enhanced life estate deeds offer many advantages over traditional life estate deeds:

  1. They preserve the homeowners ability to immediately qualify for Medicaid benefits. Transfers of assets within a “look-back” period may disqualify applicants from immediately qualifying for benefits. However, executing an enhanced life estate deed is not considered a transfer for Medicaid purposes because the homeowner retains the right to sell the property or revoke the deed. No gift is ever made.
  2. They provide homeowner the flexibility to change the remainder beneficiaries at any time.
  3. They allow the homeowner to sell or mortgage the property without the consent of the remainder beneficiaries.
  4. They protect the property from the creditors of the remainder beneficiaries during the homeowner’s lifetime.
  5. Because the owner of the property retains the right to take back the property during his or her lifetime, the transfer will not count as a gift for federal gift tax purposes.

Beneficiaries receive a stepped-up basis

Because property will remain a part of the grantor’s estate, the cost basis of a property transferred using an enhanced life estate deed would be “stepped-up” to the value of the house on the date of death. This may significantly reduce the amount of capital gains taxes owed when the property is sold.

Can a trust be a beneficiary? 

Yes, a trust can also be a beneficiary. If you love your family but don’t want them to have property outright for whatever reason, sometimes we create a revocable trust to hold the property.

Need help creating a Lady Bird deed or qualifying for Medicaid nursing home benefits? Give us a call at Weaver Firm – Attorneys at 817-638-9016 to schedule an appointment. 

Travis Weaver, Attorney

Travis Weaver, Attorney

What is the “Death Tax”? Don’t let it scare you!

Who Pays Estate or “Death” Tax?

Don’t be afraid! One of the first questions we get asked when discussing estates and probates is, “Will my loved ones pay ‘death’ or inheritance tax after I die?”

The short answer. Probably not.

The estate tax—a.k.a. the “death” tax to those who want it repealed—is a federal tax on assets (including cash and securities, real estate, insurance, trusts, annuities, business interests and other assets) upon one’s death.

In 2017, anyone who died leaving an estate larger than $5.49 million paid 40 cents on the dollar for every dollar over $5.49 million. As you can imagine, this is an unpleasant conversation to have with people.

After the new tax plan passed in 2018, the estate tax exempt amount jumped to $11.2 million per person.

Unlimited amounts pass between spouses. The $11.2 million amount applies to beneficiaries like children or grandchildren.

According to a 2015 report from Congress’s Joint Committee on Taxation, 4,700 estate tax returns reporting tax liability were filed in 2013, out of 2.6 million deaths in the United States. That’s around 0.2 percent of Americans, or roughly two out of every 1,000 people who die.

And once the tax bill passed, the studies estimate that around 1,800 estates will be affected this year.

Estates Often Pay Less Than 17%  in Taxes — Not Top Rate of 40%

The top statutory rate is 40 percent, however the effective tax rate— or what the estates actually paid—was less than 17 percent in 2017, according to the Tax Policy Center.

If the tax rate is 40 percent, how is it estates pay less than 17%? Here are reasons:

  • Remember, estates only owe taxes on the amount above the exempted amount, which, again, is $11.2 million in 2018.
  • There are plenty of deductions and loopholes thrifty accountants and lawyers can use.
  • GRATs (grantor retained annuity trust) – a type of trust created to transfer assets tax-free.  We recently implemented a plan involving a GRAT for a client.  The estate owner put money into a trust designed to repay the estate the initial amount, plus interest at a rate set by the Treasury, typically over two years. If the investment — typically stock — rises in value any more than the Treasury rate, the gain goes to an heir tax-free. If the investment doesn’t rise in value, the full amount still goes back to the estate.

State Inheritance Tax – Texas Doesn’t Have It

Some states have state inheritance taxes. Luckily, Texas has no such tax. Below is a handy guide to your state’s inheritance tax.

Inherited Retirement Account Taxes – Some Apply

If you inherit a 401(k) or IRA, you may be taxed on any distributions and you may pay the capital gains tax on the gains if you inherit stocks or real estate and sell them.

Gift Taxes – Give Away $15,000 Tax-free To You

Finally, individuals are allowed to give away $15,000 per year (in cash, stocks, cars, etc.) without being taxed, and that’s $15,000 per donee. So if you have three kids, you can gift each of them $15,000 per year, for a total of $45,000. If you give more than that amount, you will need to file a gift tax return so you aren’t taxed on the excess amount.

Again, if you’re gifted stocks, know that you’ll pay taxes on the gains should you sell them.

Tax Attorney Could Help Cut Taxes On A Large Estate 

If you’re likely to inherit (or give away) a sizable estate, you should meet with a tax attorney to figure out how everything will go down in your state.

You can afford it, after all.

Come see the Weaver Firm Attorneys today to discuss estate taxation issues and planning techniques.

Rick Weaver, Attorney  or Travis Weaver, Attorney

Office: 817.638.9016 

Email: RWeaver@WeaverLegal.net

Email: TWeaver@WeaverLegal.net

Don’t Leave Life Insurance To Your Ex-Spouse!

Quote "Not all the people in your life are meant to stay"Ever heard horror stories about accidentally leaving an inheritance to an ex-wife or ex-husband? Here’s how it
happens–

Suppose you have a life insurance policy issued as part of an employee benefit plan that identifies your spouse as your primary beneficiary and your adult child as the contingent beneficiary. Maybe you even have a portion of the policy passing to your dog–this happens, too. 

Years down the road, your marriage ends and you get a divorce.

Your divorce decree provides that your ex-spouse is divested of all right, title and interest in any proceeds from your insurance policies. This solves that problem . . .right?  Nope.

Quick Answer –Why Is This Important To You? 

In layman’s terms, you need to re-name your beneficiaries under your insurance policy after a divorce unless you want your ex-spouse getting that money when you die.

The easiest way to avoid any of this happening is to make sure you review your beneficiary designations regularly and to update your beneficiary designations as your life changes.

  • Get married . . .change the beneficiaries
  • Have kids . . .change the beneficiaries
  • Divorce . . .change beneficiaries

There is case law to support the idea that a lawsuit could be brought against the ex-spouse to enforce the ex-spouse’s waiver of those benefits in the divorce decree; however, that may lead to protracted litigation and significant expense.

What does Texas Law Say?

Under Texas law, a designation in favor of a spouse is not effective after a decree of divorce or annulment is rendered unless the decree designates the ex-spouse as a beneficiary or the owner of the policy re-designates the ex-spouse as the beneficiary after the decree becomes final.

This saves you . . .right?

Maybe not.

State law applies to insurance policies acquired independent of your employment. If you die owning such a policy and you named your spouse as the primary beneficiary and then got divorced, the designation in favor of your ex-spouse would not be effective and the proceeds would pass to the alternate beneficiary.

What Does Federal Law Say?

However, insurance policies issued as part of an employee benefit plan are controlled by the Employee Retirement Income Security Act of 1974 (ERISA). This federal law trumps state law with respect to most employee benefits. Under ERISA, a plan administrator must distribute benefits to a beneficiary named in the plan regardless of the state law divesting the ex-spouse of his or her right to the benefits.

So if you obtained your insurance policy through your employer, your ex-spouse would be entitled to the proceeds.

Call our office for help or questions

We’re glad to visit with you about updating your will to change or add beneficiaries and to advise you on more changes to protect your family’s inheritance.  Give us a call at 817-6389016 to schedule an appointment or email us at Tweaver@WeaverLegal.net.

Travis Weaver, Attorney

Travis Weaver, Attorney

Our Guide to Disability Planning

A temporary or permanent disability can affect anyone. Sometimes the disability is sudden–like a car wreck or heart attack. Sometimes a serious illness like Alzheimers’, advanced cancer, or ALS  causes a slow, but steady health decline. 

How Your Life May Be Altered By a Serious Disability

  •  You may be unable to work your normal job or unable to do any kind of work
  • You may be unable to make your own decisions, communicate your wishes, or manage your own affairs
  • If you have children, you may not be able to properly care for them on your own
  • You may not be able to create a will or change your estate plan if you are not of sound mind

Combating These Problems – The Basics

Create a Power of Attorney and Health Care Directive

The most important step you should take to plan for your incapacitation is to have a valid statutory durable power of attorney and healthcare power of attorney.

  • The power of attorney gives your designated agent the power to pay your bills, access your bank accounts, and keep your financial matters in order if you are unable to do so.
  • The health care power of attorney allows you to designate authority to a person of your choice to make medical decisions on your behalf.
  • You should also include a health care directive that states your wishes regarding certain treatments, such as whether you wish to remain alive on life support in certain situations.
  • These documents put financial and health care decisions in the hand of those you trust, if you cannot make decisions for yourself.

Our Estate Plan recommendation includes all of the previously mentioned documents as well as a Last Will and Testament.

Prevent Financial Disaster Due To Disability

A disability could prevent you from working ever again. Here ways to strengthen your resources to help avoid financial issues due to a disability: 

  • Be aware of your disability insurance options, including employer-provided insurance, Social Security Disability benefits, and private disability insurance. Consider buying disability insurance to help replace your income, if this benefit is not offered by your employer.
  • Your existing insurance probably doesn’t cover long-term care. Long-term care planning should be considered in any estate plan, as the costs can be very high and deplete your assets quickly.
  • Medicaid planning to pay for nursing home care may be an option for some people, while others should consider long-term care insurance. Medicaid planning is one of our specialties at Weaver Firm – Attorneys. The average nursing home cost in 2018 is over $6,000 a month per person or about $72,000 per year. Our planning sessions cost less than $1,000. You do the math.
  • If you have minor children, you should already have a guardian designated to care for them. If you are disabled, you may not be physically able to care for your children and you may not have the mental capacity to choose a guardian at that time.
  • Even if you are healthy now, planning for disability can give you peace of mind and protect your family.

Consult an estate planning attorney to discuss your disability planning concerns or call  us at 817-638-2022 to schedule an appointment. At Weaver Firm – Attorneys, we focus on estate planning and elder law.  Rick Weaver, attorney, is board-certified in estate planning and probate, with decades of experience. Travis Weaver, attorney, focuses on helping families with legal planning for disabilities, Medicaid nursing home qualification, and setting up wills. 

817.638.2022 or RWeaver@weaverlegal.net

10 Items Your Kids Don’t Want To Inherit & Remedies For All

Piles of inherited collectibles being sold at flea marketDon’t want to see your beloved collection of books, records, china, or figurines on a table at the local flea market?

Check out our “Top 10 Items Your Kids Don’t Want to Inherit” AND remedies for finding a good home or at least peace of mind regarding your treasured items–

No. 10: Books

Unless your grown kids are professors, they don’t want your books. There are a couple common mistakes my clients make in valuing books:

The 17th-century books are likely to be theological or grammar-based, and are not rare. The 19th-century books are probably not in good condition, and since most came in a series or set, it’s unlikely you’ll have a full (valuable) set.

Remedy: If you think the book is relatively common plug the title, author, year of publication, and publisher into a search engine. Once you have the information, try selling on Amazon or donating to a library. People always need books.

No. 9: Paper Stuff – Photos, greeting cards, postcards

Family snapshots, old greeting cards, and postcards are not worth anything unless the sitter is a celebrity or linked with an important historical event or the subject is extremely macabre, like a death memorial image. Old greeting cards are not valuable unless handmade by a famous artist or sent by Jackie O. Postcards are valued mainly for the stamps.

Remedy: Take all your family snapshots and have them made into digital files. The other option is to sell those old snapshots to greeting card publishers who use them on funny cards or give family photos to image archive businesses like Getty. If the archive is a not-for-profit, take the donation write-off.

No. 8: Steamer Trunks, Sewing Machines and Film Projectors

Trust me, every family has at least three steamer trunks from the 19th century. They are so abundant that they are not valuable, unless the maker is Louis Vuitton, Asprey, Goyard or some other famous luggage house.

Likewise, every family has an old sewing machine. I have never found ONE that was rare enough to be valuable.

And every family has a projector for home movies. Thrift stores are full of these items, so, unless your family member was a professional and the item is top-notch, yours can go there as well.

Remedy: Donate this category and don’t look back. Declutter your life.

No. 7: Porcelain Figurine Collections and Bradford Exchange “Cabinet” Plates

These collections of frogs, chickens, bells, shoes, flowers, bees, trolls, ladies in big gowns, pirates, monks, figures on steins, dogs, horses, pigs, cars, babies, Hummel’s, and Precious Moments are not desired by your grown children, grandchildren or any other relation. Even though they are filled with memories of those who gave them to your mom, they have no market value. And they do not fit into the Zen-like tranquil aesthetic of a 20- or 30-something’s home.

Remedy: Find a retirement home that does a gift exchange at Christmas and donate the figurines. If you want to hold on to a memory of your mom’s collection, have a professional photographer set them up, light them well and make a framed photo for your wall. Collector’s plates will not sell anywhere to anyone. Donate these to a retirement village as well or to anyone who will take them.

No. 6: Silver-Plated Objects

Your grown children will not polish silver-plate, this I can guarantee. If you give them covered casserole dishes, meat platters, candy dishes, serving bowls, tea services, gravy boats, butter dishes and candelabra, you will be persona-non-grata. They might polish sterling silver flatware and objects, but they won’t polish the silver-plated items your mom entertained with. The exception may be silver-plated items from Cristofle, Tiffany, Cartier, Asprey, and other manufacturers of note.

Remedy: None. Give it away to any place or person who will take it.

No. 5: Heavy, Dark, Antique Furniture

There is still a market for this sort of furniture, and that market, in the fashionable areas of the U.S., is most often the secondhand shop. You’ll receive less than a quarter of purchase price if you sell on consignment in one. Unless your furniture is mid-century modern, there’s a good chance you will have to pay someone to take it off your hands.

Remedy: Donate it and take a non-cash charitable contribution using fair market valuation. You can always sell these items at a consignment store or on craigslist.

No. 4: Persian Rugs

The modern tranquility aimed for in the décor of the 20- to 30-somethings does not lend itself to a collection of multicolored (and sometimes threadbare) Persian rugs.

Remedy: The high-end market is still collecting in certain parts of the U.S. (think Martha’s Vineyard), but unless the rug is rare, it is one of the hardest things to sell these days. If you think the value of the rug is below $2,000, it will be a hard sell. Like antique furniture, it may be best to donate. Tax deductions are helpful. 

No. 3: Linens

Go ahead, offer to send your daughter five boxes of hand-embroidered pillowcases, guest towels, napkins, and table linens. She might not even own an iron or ironing board, and she definitely doesn’t set that kind of table.

Remedy: Source those needlewomen who make handmade Christening clothes, wedding dresses, and quinceañera gowns. Also, often you can donate linens to costume shops of theaters and deduct the donation. 

No. 2: Sterling Silver Flatware and Crystal Wine Services

Unless the scrap value for silver is high enough for a meltdown, matching sets of sterling flatware are hard to sell because they rarely go for “antique” value. Formal entertaining is not a priority these days. And of course, sterling must be hand-washed and dried. Can you see your kids choosing to use the silver? Same goes for crystal: The sets you have are too precious, and the wine they hold is too small a portion. Period.

Remedy: Sites like Replacements.com offer matching services for folks who DO enjoy silver flatware and have recognized patterns. Because they sell per piece, and therefore buy per piece, sellers get a rather good price. Sell your whole silver service; it will be “pieced out.”

Unless your crystal is Lalique, Moser, Steuben, Baccara, or another great name, you will not be able to sell your “nice set.” Give “unknown maker” sets away, fast.

No. 1: Fine Porcelain Dinnerware

Your grown children may not want to store four sets of fancy porcelain dinnerware, and frankly don’t see the glory in unpacking it once a year for a holiday or event.

Remedy: Like silverware, china is something to consider for sale to a replacement matching service like Replacements.com. Know your pattern to get a quote from one. Because such replacement companies buy per piece, the aggregate of the selling price is always more than a bulk sale at a consignment store, which might be your only other option.

These are typically items we don’t include in a will. If you need to update your will or trust, give our office, Weaver Firm-Attorneys, a call today at 817.638.9016 or send an email to TWeaver@weaverlegal.net. We’ll be glad to help you sort things out. 

Travis Weaver, Attorney

Travis Weaver, Attorney

Why Use Elder Law Attorneys?

The name, elder law attorney, makes some individuals think that the attorneys who work at the Weaver Firm only work with senior citizens. Elder law attorneys are those who help people plan for the future–their later years, incapacity, and long term care planning. We also help those who have faced, or are facing, a life changing event. So why use Elder Law attorneys?

A disabled person need not be elderly, yet needs an attorney who understands the nuances and benefits of special needs planning. Government benefits require mountains of paperwork and we help you sort through it.

At our law firm, we definitely work with senior citizens (note that in many cases 55-year-olds are considered seniors) who are having their advance directives, wills and other legal paperwork drawn up. We also work with individuals and families who are facing life-changing or potentially life-altering events.

ELDER LAW ATTORNEYS ARE NOT JUST FOR THE ELDERLY

As mentioned, some of those life-changing events could include: 

  1. Planning for retirement
  2. Facing nursing home or assisted living placement
  3. Buying or inheriting a home
  4. Life changing or potentially life altering surgery
  5. Marriage
  6. Divorce
  7. Child birth or adoption

When working with a Weaver Legal attorney, you’re taking proactive steps to protect your life savings, your legacy, determine who will inherit your estate, putting plans in place in the event you are suddenly unable to make financial decisions, pay your bills or are faced with a life-or-death health situation or hospital stay.

Why Choose an Elder Law Attorney?

Individuals or couples of any age can work with an elder law attorney to have a last will and testament prepared.

Young couples, especially those starting out, buying a house, and having or adopting children should have a will drawn up.  Do you want to decide who the guardian of your children should be, or let the government decide?

What are the benefits of working with an Elder Law Attorney? 

If you’ve lived through the death of a loved one and if they didn’t have a will in place or they hadn’t made their final wishes known, you were left to “take care of things” without really knowing their wishes.

When you haven’t spoken with an elder law attorney to have your will or advanced directives drawn up you are leaving your family to face a burdensome task in addition to dealing with the grief of your passing.

Why hire our Attorneys? 

It is better to be proactive because you simply don’t know if you will be the victim of an accident that could leave you debilitated and unable to make decisions on your own behalf. If you haven’t named a Medical Power of Attorney, the decisions on your medical care may be left up to the medical team and not your family.

Contact us today for Elder Law Needs. 817.638.9016 or RWeaver@weaverlegal.net

What Are the Warning Signs of Alzheimer’s Disease?

The symptoms of Alzheimer’s and dementia develop slowly over a number of years Sometimes these signs are mistaken for normal, age-related mental decline instead of the result of a more serious problem.

Because the symptoms progress slowly, it’s easy for loved one’s to deny they even exist until an event happens that is so uncharacteristic or bizarre that the symptoms become undeniable.

We’ve seen this type of denial in our family.

Look for the below-mentioned signs and consider a planning meeting with our attorneys before the situation deteriorates beyond repair.

According to the Alzheimer’s Association, the following are ten warning signs of Alzheimer’s:

  1. Memory loss that disrupts daily life, especially newly-learned information. Early symptoms include repeatedly asking the same questions, and increasingly relying on memory aids, such as notes, to recall routine tasks.
  2. Challenges in planning or solving problems. The onset of Alzheimer’s can make it difficult keep track of finances, and plan and cook meals. Sometimes, people give gifts or make unusual purchases.
  3. Difficulty completing familiar tasks at home, work, or leisure, such as driving to a familiar location or recalling the rules of a game.
  4. Disorientation of time or place. Those with Alzheimer’s can experience confusion about where they are, how they got there, or what day it is.
  5. Trouble understanding visual images and spatial relationships, such as depth perception. This leads to people tripping on stairs or ledges and can cause physical harm.
  6. New problems with words in speaking or writing. People with Alzheimer’s struggle with remembering the right word or use the wrong word to describe familiar objects. Sometimes, people will avoid discussing certain issues or avoid situations altogether to cover up these signs.
  7. Misplacing things and losing the ability to retrace steps to locate them. This includes keys and medications.
  8. Poor or impaired judgment. Those with Alzheimer’s may be more prone to give away large sums of money to telemarketers, dress inappropriately, or keep up with personal hygiene. They may even forget to eat for days at a time.
  9. Withdrawal from work or social activities.
  10. Changes in mood and personality. Symptoms can include mood swings, anxiety and delusions.

Our recommendations if a loved one is experiencing these symptoms:

The Alzheimer’s Association recommends seeing a doctor right away if you or someone you love experiences any of these symptoms because early diagnosis and treatment can delay the progression of Alzheimer’s.

In our pre-planning session, we discuss estate planning documents to protect your loved ones and options for long term care including Medicaid and VA planning.

Schedule a meeting today. 817.638.9016 or RWeaver@weaverlegal.net

Nursing Home Bill Blues? How You May Qualify for Payment

Yes, you or your loved one may qualify for payment of nursing home care.

Understanding the rules and proper legal planning within the rules may help you understand about options that may pay your nursing home bill.  

Who pays for nursing home care? Medicare and Medicaid are different programs offering different solutions.

  • Medicaid pays for nursing home care for qualified men and women and pays for health care for qualified low-income individuals.
  • Medicare provides health insurance for people age 65 and over.

Good news! You can qualify for both programs at the same time, known as “dual eligibility.”

There are about 11 million people who are dual eligible, including many seniors who need nursing home care or are already in nursing homes.

Working with an attorney focused on elder law may help you make proper legal arrangements to

How To Qualify for Medicaid Nursing Home Benefits and Medicare Health Insurance

Medicare Qualification: Anyone qualified for Social Security benefits (retirement or disability) is eligible for Medicare. Remember, Medicare is health insurance for those age 65 or older.

Medicaid Qualification: People with specific income and resources are eligible for Medicaid, including paying for nursing home services. 

Proper legal planning for nursing home qualification may make a difference in keeping your home, car, etc.
At first glance at the qualification table below, you may assume very few assets can be retained by a healthy spouse and still allow the dependent spouse to qualify for Medicaid nursing home care. In many situations, proper legal planning provides protection of family assets.

Every case is different. We’ll be glad to visit with you about your situation. 

More Medicare & Medicaid Benefits

There are also different levels of Medicare and Medicaid coverage, so a person who is dual-eligible may fall into one of these four categories:

  • Qualified Medicare beneficiaries may pay for Part A and Part B premiums, deductibles, copayments and coinsurance.
  • Specified low-income Medicare beneficiaries have their Part B premiums covered by Medicaid.
  • Qualifying individuals may also receive help from Medicaid for their Part B premiums.
  • Qualified disabled working individuals may have their Part A premiums covered by Medicaid. This program is limited to individuals with disabilities who are working.

As we described earlier in this article, in many cases, nursing home care can be provided through Medicaid for a husband or wife and the more physically able spouse can maintain a level of financial independence. Give us a call at 817-638-9016 to set up an appointment with Travis Weaver or Rick Weaver — both are elder care-focused attorneys at Weaver Firm – Attorneys. Rick is also board certified by the State Bar of Texas in the area of estate planning and probate law.

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Travis Weaver, Attorney Focused on Elder Care

Texas Supreme Court Reverses Ambiguous Will Holding . . . Teaches Valuable Lesson

In Knopf v. Gray, the will disposed of the testator’s entire estate as follows:

 “NOW BOBBY I leave the rest to you, everything, certificates of deposit, land, cattle and machinery, Understand the land is not to be sold but passed on down to your children, ANNETTE KNOPF, ALLISON KILWAY, AND STANLEY GRAY. TAKE CARE OF IT AND TRY TO BE HAPPY.”

Bobby then tried to sell the property to someone else and his children sued him, claiming Bobby only possessed a life estate in the property. After a lengthy legal battle, the Texas Supreme Court held that the provision in Bobby’s Will merely created a life estate:

We need only read the provision as a whole to see a layperson’s clearly expressed intent to create what the law calls a life estate. Reading all three clauses together, Allen grants the land to Bobby subject to the limitations that he not sell it, that he take care of it, and that it be passed down to his children. This represents the essence of a life estate; a life tenant’s interest in the property is limited by the general requirement that he preserve the remainder interest unless otherwise authorized in the will. Allen’s words in the contested provision unambiguously refer to elements of a life estate and designate her grandchildren, the petitioners, as the remaindermen. The language thus clearly demonstrates that the phrase “passed on down,” as used here, encompasses a transfer upon Bobby’s death.

The Court’s ruling is an important reminder to make sure your Will is clear and correct.

Call us today 817.638.9016