Texas Estate Planning

Why It’s Always Better to Plan Ahead

Two stories of two people who managed their personal lives very differently illustrates the enormous difference that can happen for those who refuse to prepare themselves and their families for the events that often accompany aging. As an article from Sedona Red Rock News titled “Plan ahead in case of sudden sickness or death” makes clear, the value of advance planning becomes very obvious. One man, let’s call him Ben, has been married for 47 years and he’s always overseen the family finances. He has a stroke and can’t walk or talk. His wife Shirley is overwhelmed with worry about her husband’s illness. Making matters worse, she doesn’t know what bills need to be paid or when they are due.

On the other side of town is Louise. At 80, she fell in her own kitchen and broke her hip, a common injury for the elderly. After a week in the hospital, she spent two months in a rehabilitation nursing home. Her son lives on the other side of the country, but he was able to pay her bills and handle all the Medicare issues. Several years ago, Louise and her son had planned what he should do in case she had a health crisis.

More good planning on Louise’s part: all her important papers were organized and put into one place, and she told her son where they could be found. She also shared with him the name of her attorney, a list of people to contact at her bank, primary physician’s office, financial advisor and insurance agent. She also made sure that her son had copies of her Medicare and any other health insurance information. Her son’s name was added to her checking account and to the safe deposit box at the bank. She also made sure to have a legal document prepared, so her son could talk with her doctors about her health and any health insurance matters.

And then there’s Ben. He always handled everything and wouldn’t let anyone else get involved. Only Ben knew the whereabouts of his life insurance policy, the title to his car and the deed to the house. Ben never expected that someone else would need to know these things. Shirley has a tough job ahead of her. There are many steps involved in getting ready for an emergency, but as you can see, this is a necessary task to start and finish.

First, gather up all your important information. That includes your full legal name, Social Security number, birth certificate, marriage certificate, divorce papers, citizenship or adoption papers, information on employers, any military service information, phone numbers for close friends, relatives, doctors, estate planning attorney, financial advisor, CPA and any other professionals.

Your will, power of attorney, health care power of attorney, living will and any directives should be stored in a secure location. Make sure that at least two people know where they are located. Talk with your estate planning attorney to find out if they will store any documents on your behalf.

Financial records should be organized. That includes all your insurance policies, bank accounts, investment accounts, 401(k), or other retirement accounts, copies of the most recent tax returns and any other information about your financial life.

Advance planning does take time, but not planning will create havoc for your family during a difficult time.

Reference: Sedona Red Rock News (July 9, 2019) “Plan ahead in case of sudden sickness or death”

Celebrating Older Americans & Elder Law Month: An Interview With Alisa Hoggatt

May is an important month for us as it’s not only Elder Law Month, but also Older Americans month, where we can reflect on the ways we’re serving this community and celebrate the theme #PoweredByConnection by highlighting our collaboration with other attorneys to ensure aging Texans are in the best hands. Not only are older Americans strengthened and empowered by being involved community members, but the more we all come together, the better we can support those who are aging.

Similar to how a foot doctor would not treat appendicitis, attorneys that hone their skills in specific areas of law are able to be accurate and precise in their counsel, providing the best outcomes and legal work. Our primary focus at Ard Law Firm is securing long-term care for our clients, sometimes this involves specific estate planning and probate, but there are certain cases that fall outside our domain and would be best handled by a firm like Hoggatt Law Firm.

Founder and head attorney, Alisa M. Hoggatt concentrates her practice in estate planning and probate law, business planning and tax law, providing estate administration and probate services to executors, trustees, heirs, and beneficiaries in matters involving probate, estates, and trusts, general business matters, formation and financing of business ventures, entity choice and formation considerations for business entities, asset protection, and tax planning for businesses and their owners.

Just looking at Ms. Hoggatt’s specific areas of practice, it’s clear that practicing law gets very specific and detailed. So we sat down with her to discuss the unique ways our law firms serve aging Texans as we celebrate Older Americans Month alongside Elder Law Month.

1. Since “elder law” is a rather obscure term, how do you know when a client is in the right place?

Alisa Hoggatt (AH): We always ask a few more questions to make sure they are in the right place.  If someone mentions “Medicaid”, “nursing home”, “assisted living options” or anything similar, we know that’s an automatic “Give The Ard Law Firm a call!” referral!  Alternatively, If someone says they are just trying to be the point person for their family member because they are “older” and they need a basic estate planning package, we set them up with a consult with our firm. 

Connor Ard (CA): That sounds like our intake process, but in reverse. We refer to you when someone only wants to discuss Estate Planning and doesn’t want to discuss long-term care planning or Veteran’s Aid & Attendance.

2. What are the most important values at the Hoggatt Law Firm?

AH: We try really hard to offer effective and efficient options to clients depending on their needs and desires.  We strive for excellent customer service.  We also know that no 2 clients are going to walk out with the exact same plan, everything is tailored to them and their situation/family dynamic.   

CA: Both of our firms really focus on centering the client, working within their values and goals to ensure their plan is what they envisioned for themselves and their loved ones.

3. We briefly outlined your areas of practice in the intro, but give us some of the specifics—how do the services at the Hoggatt Law Firm meet the unique needs of the typical Texas Family?

AH: We want every Texan to have an estate plan regardless of asset size. That means making sure our community has not only a basic will (or trust) but also the very important over looked incapacity planning documents (POAs, etc.) as those sometimes become more important as our population ages!

4. Now, this is not legal advice, but what common misconception about your work do you wish you could correct once and for all?

AH: The biggest misconception is that if I have a will I don’t go through probate.  I often tell people that we can intentionally avoid probate with different options on the estate planning side, but, if you have a will, it doesn’t “spring to life” until going through the probate process.  We will often get calls that say “I’m the executor of mom’s estate in her will” and we will ask “when did you go through probate” and they say “I didn’t, but mom’s will said I was and it says I get everything so I do.” Well, not until that will has been admitted to probate and you’ve been appointed by a court!

CA: We hear a lot of similar misconceptions—which makes sense because you often get into the legal jargon pretty quickly in our work. Or even just the fact that Medicaid and Medicare are so close in spelling, but completely different programs.

5. What’s your favorite part of this line of work?

AH: I really enjoy how client-facing these areas of law are – lots of client contact and holding their hand through either the planning or probate process.  Usually that means having to ask the hard questions but in a compassionate way.  Helping people realize what plan they need to accomplish their goals whether it’s on the estate planning, business, probate or tax side is very rewarding!

6. Share a success story where you really feel like your experience, knowledge, and passion came together to help your client(s).

AH: I had a recent client who had a very complicated estate.  They owned several pieces of property in Texas and in other states, as well as several businesses.  We were able to set them up with a Revocable Living Trust structure that had their specific desires (that were different for different pieces pf property and the businesses) to avoid probate when either of the spouses passes away.   We got them introduced to attorneys in other states to handle those property and everything is in line with their wishes!

CA: Thank you so much, Alisa, for sharing your thoughts on these important aspects of the law with us. It’s very meaningful to have this sort of exchange and show how focusing our skills on very specific aspects of the law really helps us to serve our community in impactful ways. Ard Law Firm really appreciates having the Hoggatt Law Firm on our roster.

Celebrating Elder Law Month: A Guide to Securing Your Future

 

May is a special time for Elder Law Attorneys and seniors alike, as we come together to celebrate Elder Law Month as well as Older Americans Month. Elder Law Month is dedicated to raising awareness about the unique legal issues facing older adults and the importance of proper planning to secure their future. As an Elder Law Attorney, I'm passionate about helping seniors navigate the complexities of estate planning, Medicaid, Veterans Aid & Attendance, and probate. In this blog post, I'll share valuable insights and tips to empower you in making informed decisions for your future.

Firstly: What is “elder law”?

Elder Law is used by many attorneys who practice a wide variety of law so be sure to check the attorney’s website to see if they can serve your needs. At Ard Law Firm, PLLC, we focus specifically on Medicaid for nursing homes and Veterans Aid & Attendance for aging and disabled Veterans or their spouse to help pay for medical needs. These two areas of law lend themselves to estate planning and probate which we also practice in order to provide our clients with quality work that encompasses their goals.

A competent elder law attorney should understand the needs of generations as they age, stay up to date on Medicaid law, and respect their client’s goals, offering unique plans to each person that walks through their doors.

Estate Planning for Peace of Mind

Estate planning is a crucial step for seniors to ensure their assets are distributed according to their wishes and to optimize taxes without overly burdensome legal fees. A comprehensive estate plan typically includes a Will, a Durable (financial) Power of Attorney, an Advance Directive, and possibly a Transfer on Death Deed. By working with an experienced Elder Law Attorney, you can create a customized estate plan that reflects your values and protects your legacy.

Navigating Medicaid for Long-Term Care

Medicaid can be a lifeline for seniors needing long-term care, but navigating its complexities can be daunting. As an Elder Law Attorney, I can help you understand the eligibility requirements and assist you in planning to qualify for Medicaid benefits while preserving your assets. Strategies such as setting up a Qualified Income Trust or transferring assets to a spouse or disabled child can help you achieve your long-term care goals. Be sure to discuss your plans with a licensed professional in your area before transferring any assets as the rules change annually.

Unlocking Benefits with Veterans Aid & Attendance

For Veterans and their spouses who require assistance with daily activities, the Veterans Aid & Attendance benefit can provide financial support for medical expenses. As an Elder Law Attorney, I can help you determine if you qualify for this benefit and guide you through the application process. Whether you're a wartime veteran or a surviving spouse, you deserve to access the benefits you've earned through your service.

Probate: Understanding the Process

Probate is the legal process of distributing a deceased person's assets and settling their debts. While probate can be time-consuming and expensive, proper planning can help you avoid or minimize its impact on your estate. Techniques such as filing a Transfer on Death Deed can help your heirs avoid the probate process altogether or streamline it significantly.

Conclusion

As we celebrate Elder Law Month, I encourage you to take proactive steps to protect your future and your legacy. By working with an experienced Elder Law Attorney, you can navigate the complexities of estate planning, Medicaid, Veterans Aid & Attendance, and probate with confidence. Your future is worth planning for, and I'm here to help you every step of the way.

Financial Literacy Month: Navigating Medicaid, Probate, and Veterans Aid & Attendance

As we celebrate Financial Literacy Month this April, it's crucial to highlight the intersection of financial planning and elder law, particularly concerning Medicaid for nursing home stays, VA Aid & Attendance for aging and disabled Veterans or their spouse, and overall avoiding probate. As an Elder Law Attorney, I often work with clients to ensure they understand their options and can make informed decisions that align with their values and goals. In this article, we'll explore legal tools and options to help future generations while also qualifying for hard-earned assistance.

What can I do if my income is over the limit for Medicaid?

Qualified Income Trusts (QIT) were created for this exact reason—you might know them as “Miller Trusts.” A QIT is a legal arrangement that allows individuals with income over the Medicaid limit to qualify for Medicaid long-term care benefits. Income is placed into the trust and not counted towards Medicaid eligibility, helping individuals afford necessary nursing home care.

The laws for Medicaid vary by state and so do the requirements for QIT. Attorneys who practice Medicaid in your state can be a vital resource when navigating the proper use and application of a Qualified Income Trust. Ard Law Firm helps families navigate the Medicaid application by either planning ahead or when it’s time to look for skilled nursing facilities.

What can I do if my assets are over the limit for Veterans Aid & Attendance?

There are many different trust options available to aging and disabled Veterans or their spouses applying to Veterans Aid & Attendance. But did you know that certain assets are considered exempt? For instance, you’re allowed to own a home that sits on 2 acres or less.

There are specific Irrevocable Trusts called Veterans Asset Protection Trusts designed specifically for Veterans. This irrevocable trust allows Veterans to transfer assets into the trust, removing them from their countable assets for VA pension eligibility purposes. This can be particularly useful for veterans who have assets above the VA's net worth limit. However, it's essential to consult with an attorney experienced in Veterans Aid & Attendance and elder law to ensure the trust is set up correctly and meets all VA requirements.

What should I do with my home when applying for benefits?

For Medicaid and Veterans Aid & Attendance, you are allowed to own property. Again, there are some specific laws in place regarding amount of land, but we advise speaking with an attorney before selling the family home. At Ard Law Firm, PLLC, we look out for families for generations to come—property is often the most important way to set up future generations for success.

Transfer on Death Deeds (TODDs) are legal documents that allow property owners to designate beneficiaries who will receive the property upon the owner's death, without going through probate. TODDs can be a useful tool for keeping the home out of probate and ensuring it passes directly to the intended heirs.

Financial literacy can take a lot of time and research—seeking the support of a licensed professional in your state can ensure that what you know gets put into practice accurately and efficiently. The key takeaway from this article is that each type of asset and income is governed by its own rules that change each year and can vary from state to state. Our attorneys stay up to date on these changes in the law, building plans around our clients’ values and goals.

Parkinson's Awareness Month

Since April is Parkinson’s Awareness Month, we took some time to learn from local expert, Maggie Abbott, PT, DPT and Director of Outreach at the Houston Area Parkinson Society (HAPS), about Parkinson’s disease and the amazing work she does at HAPS. Dr. Abbott not only has a wealth of knowledge about Parkinson’s, but also leads exercise and fall prevention classes—check out HAPS's amazing program schedule to find a class or support group that works for you.

According to the Parkinson’s Foundation, nearly 90,000 Americans are diagnosed with Parkinson’s disease each year.  There certainly are many reasons Parkinson’s deserves its own awareness month because it can be difficult or time-consuming to diagnose as it is a progressive disease with a wide array of symptoms. Let’s hear some of Dr. Abbott’s insights about Parkinson’s disease:

I know Parkinson’s is a complex and evolving diagnosis, but give us a brief overview –

Parkinson’s disease is a neurodegenerative disorder, more specifically a movement disorder, that affects the cells of the brain that produce dopamine which controls muscle movement and gets worse over time. Dopamine is important because it is the chemical messenger used to send signals from the brain to the muscles to complete smooth, coordinated movements.

Image from OHSU Brain Institute

Parkinson’s is the fastest growing neurological disorder in the world. Symptoms can include slowness of movement, stiffness, tremors, posture changes, loss of balance, and other motor and non-motor issues like anxiety and depression.

There is no cure for Parkinson’s at this time, but people can manage symptoms over decades with a variety of treatments including medicine, physical, occupational, and speech therapy, surgery, exercise, nutrition, sleep, and more.

What’s your favorite part about your work with Houston Area Parkinson Society?

Houston Area Parkinson Society (HAPS) is the only independent local non-profit providing comprehensive services to those affected by Parkinson’s in the eight-county area. We are celebrating 50 years of serving our community to help people live life to the fullest from point of diagnosis and beyond.

My name is Maggie Abbott, and I have a background as a Doctor of Physical Therapy. I have been working with HAPS as an exercise instructor, doing community outreach, lecturing, and working with university partners and students for 8 years. My favorite part of working with HAPS is working with the people who make up the community.

What’s the biggest challenge that people with Parkinson’s disease face?

This will vary from person to person, but access and consistent healthcare is a huge challenge for people with Parkinson’s. It can take such a long time for someone to get to their diagnosis of Parkinson’s in the first place, often over many years.

Many of the symptoms of Parkinson’s can mimic ‘old age’ or present as non-motor issues like constipation. People who have had Parkinson’s and manage it with medication are typically on a strict medication schedule. If they are ever in the hospital, it can be extremely difficult to get those medications on their typical schedule, and Parkinson’s symptoms will become very bothersome.

This change in medication timing can worsen overall movement, increase stiffness, and make recovery from any other medical issue more challenging. Oftentimes, the lack of other healthcare provider’s knowledge of Parkinson’s causes those with Parkinson’s to have a more difficult time when they are sick and in need of the best possible care.

How can people support their loved ones with Parkinson’s or even simply make the world more accessible to people with Parkinson’s disease?

Everyone’s journey will look different, and everyone’s level of support will change over time. Asking your friend or partner what they need and keeping that conversation open is an important part of journeying alongside that person who has a disease like Parkinson’s, which changes over time.

Symptoms change and fluctuate from day to day. Learning more about the disease and learning more about available resources like what HAPS has to offer can help make you know what to expect or make you feel less alone.

Do you have a major success story or special moment from working at Houston Area Parkinson Society?

There are too many stories to count, and so many special moments. I feel very proud and thankful for my contributions when I teach group exercise classes or movement labs and we work on building strength through functional tasks. For example, when I teach people how to get off the floor and someone who starts saying ‘I could never do that’ ends up showing someone else how to do it in three easy steps. Or when showing someone where to put their hands and feet to pick up the remote control off the floor. Or even how to get out of bed. Little things like these, in fact, make a huge difference in everyday life.

Seeing you present on the great work that HAPS does, I was surprised to hear that tremors aren’t always present at the time of diagnosis and might not ever be present-- What’s something you wish more people knew about Parkinson’s disease?

If you have met one person with Parkinson’s, then you have met ONE person with Parkinson’s. Every person is different in how they experience symptoms, how they are affected by medication, how they are coping with their diagnosis, and how they are doing on that particular day. Not sure? Ask how you can support them.

How can others support the amazing work that you do at Houston Area Parkinson Society?

Visit haps.org to donate and learn more about what we do to ensure no one has to face a Parkinson’s diagnosis alone.

Houston Area Parkinson Society is celebrating 50 years of service to the greater Houston community, providing exercise classes and lectures to multiple counties. The amount of education and support they are able to provide is astounding. To support HAPS’s efforts, follow them on Facebook or Instagram, sign up for the HAPS newsletter, learn more about Parkinson’s disease, or donate to their organization.

Resources for Veterans

Our nation’s Veterans deserve the absolute best in care, housing, legal services, and everything in between. That’s why here at Ard Law Firm, PLLC, we keep our skills focused on Veterans Aid & Attendance. Honing our legal strategies to one specific service ensures that our clients are getting our absolute best work and that we’re able to implement new tactics as the laws change regarding Aid & Attendance services.

Veterans Aid & Attendance is specifically for aging and disabled Veterans or their spouse, but we know that all Veterans deserve the support they need; that’s why we’ve gathered some third-party resources for Veterans even if they don’t meet the Aid & Attendance requirements. If Ard Law Firm can’t be there for you, we hope this article helps you find someone who can.

The following organizations were found using findhelp.org — it’s a great and simple resource to find all types of services. We just typed in “Veterans” and our zip code and found over 400 results. Please note that Ard Law Firm has not had any experience with these organizations, we cannot comment on the quality of their services, we just wanted to let you know they’re available.

• TrueConnect - free broadband internet services for Veterans
• Canine Companions - provides service dogs to Veterans
• Roger - mental health services for Veterans
• U.S. Small Business Association - support for Veterans who own a small business
• Marriage Management - military marriage enrichment classes
• Grace After Fire - immediate financial assistance to women Veterans
• Stand Beside Them - free health and wellness coaching to Veterans and their loved ones

We are so thankful that there are so many organizations answering the call to support our nation’s Veterans. We know the search for the right organization can be exhausting and isolating and we hope that you found something to meet your needs on findhelp.org.

Before we dive in on the details of Veterans Aid & Attendance, we wanted to share one of our favorite resources for requesting your DD214—it’s called Aardvark Research. It is a paid service, but we’ve found it to be the quickest way to obtain one’s DD214. Many of our Veteran clients find their services incredibly useful and responsive.

The Ard Law Firm team is proud to serve this nation’s Veterans across the great state of Texas. For more information about Veterans Aid & Attendance requirements, read below, locate your DD214, and give our office a call (713-429-0218).

Aid & Attendance Requirements:

1. Active Duty Wartime Veteran or Widow
2. Medical Need
3. Income
4. Assets
5. 3 Year Look-back Period

1. Active Duty Wartime Veteran or Widow

You do not need to have served in a war zone to qualify, just need to be enrolled in service for at least 90 days with at least 1 day of service falling within the following time frames:

• World War II: December 7, 1941 — December 31, 1946
• Korean Conflict: June 27, 1950 — January 31, 1955
• Vietnam Era: February 28, 1961 — May 7, 1975, for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 — May 7, 1975
• Gulf War: August 2, 1990, through a future date to be set by Presidential proclamation or law (for VA benefits purposes, this time of war is still in effect)

2. Medical Need

The information in the Medical Need section is taken directly from the U.S. Department of Veteran Affairs website: https://www.va.gov/pension/aid-attendance-housebound/ ****

At least one of these must be true:

• You need another person to help you perform daily activities, like bathing, feeding, and dressing, or
• You have to stay in bed—or spend a large portion of the day in bed—because of illness, or
• You are a patient in a nursing home due to the loss of mental or physical abilities related to a disability, or
• Your eyesight is limited (even with glasses or contact lenses you have only 5/200 or less in both eyes; or concentric contraction of the visual field to 5 degrees or less)

3. Income

Income and asset limits change each year as new laws are passed. This is where having a licensed professional work on your case can be very important as there are various forms of income and various tools for handling income in the application that are so unique to each individual case that we cannot cover them all in this blog post. For 2024, the following income limits are also the maximum monthly pension rate that applicants are able to receive through Aid & Attendance:

• Married Veteran (w/ non-Vet spouse): $2,727
• Single Veteran: $2,301
• Widow of Veteran: $1,479

4. Assets

Each applicant is allowed to own various assets, but the general rule for 2024 is that applicants are allowed to own a total of $155,356 in assets. Again, each asset has its own rules and this is a section of the application of Veterans Aid & Attendance that could greatly benefit from having a licensed professional review your assets to ensure each item is accounted for appropriately.

5. 3 Year Look-back Period

The U.S. Department of Veteran Affairs will review 3 years of income and assets to see if you meet their qualification standards. Again, this is a portion of the application that is best reviewed by a licensed professional as you might be able to qualify with certain penalty periods and specific trusts for your income and assets.

If you have any questions or need support with activities of daily living, don’t hesitate to give us a call and schedule your FREE consultation with us: 713-429-0218.

National Social Work Month: An Interview with Tony Fernandez

 

We’re all familiar with the title of social worker, but there’s a lot about this career that many folks might not be aware of. This Social Work Month, we spoke with Tony Fernandez, LCSW-S, CCM, about his experience helping his community navigate difficult life transitions and connecting them with important resources they rightfully deserve.

This year’s Social Work Month theme is “Empowering Social Workers!” as you read Tony’s interview, we can all remember our ability to support and empower each other by sharing resources and connecting folks to the services that they need.   

We all know Social Work is a helping profession, but how would you define your role?

I became a social worker in order to make a difference in many areas and my concentration in graduate school was political social work and fought for change for years.  Now I work with individuals to assist them in advocating for themselves in many different areas and also work with clients with mental health issues to work on handling their symptoms while navigating the world.

Do you have a success story that you’d like to share with us?

I worked with an 85 year old gay man that had recently lost his husband and his dog and had no family.  He was disowned by his family in Oklahoma as a young man.  I found his family in Oklahoma, reunited him with them and they moved him up to Oklahoma and he lived the remainder of his life catching up with family and re-establishing their relationships before he died.  Moving him meant to get him home in order by cleaning up the home, throwing things away, and selling his home before he could move to assisted living in Oklahoma.  This process was very difficult for him and he needed a lot of counseling to deal with his losses and his apprehension of re-establishing a relationship with family members that had treated him badly over 60 years ago.

What’s the most challenging aspect of your job?

The hardest part is being a social worker in Texas and not being able to get benefits for clients/patients due to political issues.  It is very hard to tell people that these benefits do not exist because politicians do not value you as a person and will not allow funding to pay for your care.

What do you wish other people knew about Social Work and how can we as a community support the efforts of Social Workers?

I don't think people understand that social workers do so many different things and are not limited to basic level social services.  We are change makers in politics, business development people, and therapists.

How does your experience in social work help you carry out your duties as the Vice President of the LGBT Council on Aging?

Not only am I a part of the LGBTQ+ Community but I am also starting to think about my aging and that the services are not up to speed when making senior services and communities more inclusive for my community.  It is as simple as decorating for LGBTQ+ Pride Month and I still have senior living communities refusing to do this even though they celebrate all other holidays.

Is there a resource you’ve come across that you’re really excited to share with folks? 

I get excited every time I assist a client/patient get a service/funding that they were not aware of because many Federal and state agencies do not automatically match people to services even though they are in the system because the government does not want more people to use the funds.  Example:  Someone that gets Social Security Disability or Retirement and they do not know that can get additional Medicaid assistance to pay for MCR premiums, deductible and copays if they financially qualify.  Also, veterans that do not know that they qualify for VA Aid and Assistance Pension.

Tony Fernandez is an important member of his community, caring for all who walk through his door. We are proud to know him and spotlight him for this year’s Social Work Month and we hope you learned something about the many hats that social workers tend to wear and the importance of supporting their diligent work.

Tony runs a mailing list for social workers in the Houston area, if you’d like to be part of it or have other questions, he’s happy to help: [email protected]  

Asset Management Awareness Month: A Crucial Aspect of Planning for Medicaid and Veterans Aid & Attendance

As an Elder Law Attorney, I am always looking for opportunities to educate my clients about important aspects of financial planning, especially when it comes to Nursing Home Medicaid and Veterans Aid & Attendance benefits. This Asset Management Awareness Month, I want to highlight the significance of effective asset management in the context of these crucial programs.

Understanding Asset Management

Asset management is often vital when looking to fund a stay in a skilled nursing facility. The average cost of long-term care in Texas is between $3,000 and $4,000 each month (Source: TX Gov). Medicaid or Veterans Aid & Attendance (VA A&A) are rightfully available to you and your loved ones to cover the cost of skilled care. No matter what your assets might look like, speaking with a licensed attorney who has experience filing these applications can help you and your loved ones maintain your assets, guarding them for generations.

As you might know, both Medicaid and VA A&A require applicants to meet certain asset and income limits to qualify for these services. Here are some aspects to consider in regards to eligibility and asset management:

1. Look-back periods: Both programs will look back over the last 3-5 years to ensure you did not give away any land, vehicles, or sums of money over $200. This seems like a trivial rule, but Medicaid and VA are trying to deter folks from making gifts for the sole purpose of qualifying for these programs. If you have made large gifts, speak with an attorney right away so that these gifts can be explained or penalty periods can be calculated.

   The look-back periods are really important because we see a lot of clients who believe they cannot own a home and receive Medicaid benefits—this is untrue. Wait to sell the home until you’ve spoken with an attorney who works on Medicaid every day. Discussing the best options for the family home leads us to the next important aspect—asset limits.

2. Asset Limits: Assets can be defines as any real property, pensions, IRA’s, 401(k)s, funeral policies, and similar accounts or contracts that hold cash value as well as potential sale value. Each asset has its own unique set of rules concerning how they are calculated against eligibility for Medicaid and VA Aid & Attendance. Recently, many clients come to us with the intent of setting up a trust; however, trusts aren’t always the best solution for each individual case.

   Yes, we create trusts for many clients (especially our Veterans), but we also counsel our clients on avoiding probate through other means. Probate can be avoided when assets are transferred at the time of death—this is done with specific deeds for property and POD (payable on death) or TOD (transfer on death) designations on accounts held at financial institutions. Avoiding probate can even yield unexpected benefits if or when medicaid planning comes into play. Ask us how you can take steps to make things easier on your family and heirs through probate avoidance.

3. Income Limits: A;though March is Asset Management Awareness Month, not INCOME Management Awareness Month; however, we won’t leave you in the lurch. There are certain designations, trusts, or even rules allowing you to divert, or set aside portions of your income to your spouse or dependent child. Our attorneys and paralegals stay up to date on these rules and limits as they change annually.

The Role of an Elder Law Attorney

Navigating the complexities of Medicaid and Veterans Aid & Attendance eligibility can be daunting. An experienced Elder Law Attorney can provide invaluable guidance on asset management strategies tailored to your specific situation. They can help you understand the implications of your financial decisions and ensure compliance with program requirements while maintaining assets for future generations.

Conclusion

Asset Management Awareness Month serves as a reminder of the importance of proactive financial planning, especially in the context of financing long-term care. By implementing sound asset management strategies with the guidance of an Elder Law Attorney, individuals can secure their long-term care needs while preserving assets for themselves and their loved ones.

If you have any questions or need assistance with asset management and long-term care planning, feel free to contact us at 713-429-0218 for personalized advice.

Celebrating International Friendship Month: Understanding Adult Orphans and Estate Planning in Texas

As we celebrate International Friendship Month, it's a perfect time to reflect on the importance of strong support systems and meaningful connections in our lives. As we age, our support systems might shrink for various reasons. As time passes, some of us with smaller families might have a harder time finding support. In Elder Law, the absence of immediate family members and social networks can pose unique challenges, especially when it comes to estate planning and/or navigating the Medicaid application process.

Understanding Adult Orphans

Many of our clients utilize the help of a younger family member who can more easily navigate emails, online bank statements, and sometimes even driving. In the context of Elder Law, "adult orphans" are individuals who don't have living family members such as parents, siblings, or children who could help support them throughout the Estate Planning and Medicaid processes. We’ve seen many plans made with the support of nieces or nephews, family friends, and even financial planners, but we’ve also seen plans where folks simply don’t know who to name as their agent.

Challenges in Estate Planning and Medicaid Applications

Without close family members to act as advocates or decision-makers, some adults may face difficulties in estate planning and navigating the Medicaid application process in Texas. These challenges can include:

• Who should I name to make medical decisions on my behalf? An agent named in a Medical Power of Attorney document should be someone who not only knows your medical wishes, but also will likely out-live you. Typically, this is one’s adult child, but in the case of adult orphans, it is important to consider which friends will fit this criteria.
• Who can I list as my financial power of attorney? Managing finances can be challenging without a trusted individual to handle financial matters or make decisions in your best interest. If you already have someone on your account, or who helps you manage your finances, maybe now is the time to formalize that help with a Durable Power of Attorney document. We have worked with financial planners named as agents on the Durable Power of Attorney, but please note that if you are approved for Medicaid, your agent will need to assist in the Medicaid Renewal Application every year.
• Who can look after me if I don’t have any family? Adult orphans may lack a built-in support network to provide care, assistance, or advocacy, especially as they age or face health-related challenges. It’s important to have someone you can call if you need support. This can be someone from church, a trusted neighbor, or a dear friend. Feel empowered to cast a wider net, there are many community centers, civic organizations, and groups catering to your demographic.

Who can I appoint in my Estate Planning documents?

Given these challenges, it's crucial for adult orphans to carefully consider who they appoint as agents in their estate planning documents. While immediate family members are often the default choice for many people, adult orphans may need to look beyond traditional family structures and consider other individuals who could serve as reliable agents. These might include:

• Close Friends: Trusted friends who have a deep understanding of their values and preferences can make excellent agents for health care and financial matters.
• Professional Advisors: Legal or financial professionals can also serve as agents, providing expertise and objectivity in managing their affairs.
• Community Organizations: Some adult orphans may have strong connections to community organizations or religious institutions where they can find support and potential agents in their church, support groups, or volunteer organizations.

Conclusion

As we celebrate International Friendship Month, let's remember that friendships can be just as important as family, especially for those who may not have traditional family structures. For adult orphans in Texas, thoughtful estate planning and careful consideration of agent selections can help ensure that their wishes are respected, their affairs are managed effectively, and they have the support they need as they navigate life's challenges.

Supporting Caregivers: How Family Members Can Help Those Caring for Aging Relatives

Caring for an aging relative can be a demanding and sometimes overwhelming responsibility. While the primary caregiver shoulders much of the day-to-day care, other family members can play a crucial role in providing support and assistance. Caregiver burnout and guilt are serious problems that can arise — they need you to be part of the caregiving journey however you can. Here are some ways that family members can support caregivers and make their important role a little bit easier:

1. Offer Emotional Support

• Listen and Validate Feelings: Your first instinct might be to solve the caregiver’s problems, but simply being there to listen can provide immense comfort and show your support. Acknowledge their feelings and offer reassurance that their efforts are appreciated.
• Encourage Self-Care: Remind the caregiver to take breaks and prioritize their own well-being. Offer to take over caregiving duties for a weekend or afternoon to give them time to tend to themselves.

2. Provide Practical Help

• Assist with Daily Tasks: Offer to help with tasks such as grocery shopping, meal preparation, or household chores to lighten the caregiver's load. If the caregiver has young children, offer to entertain them for a weekend.
• Coordinate Schedules: Coordinate with other family members to create a schedule for caregiving duties, ensuring that the caregiver gets regular breaks and support. You could even coordinate meals to make sure the caregiver doesn’t have to worry about feeding themselves and their family after a long day.

3. Financial Assistance

• Contribute Financially: Caregiving can be expensive, especially if the caregiver has had to reduce their working hours or quit their job. Receiving money from others can sometimes be a touchy situation, so you can always offer to pay for a caregiver respite service, order lunch or coffee for the caregiver, or cover one of their bills.
• Research Financial Resources: There are many programs available to caregivers and those they provide care to. Look into waivers or nonprofits in your area that might be able to assist. Our office only offers services for Nursing Home Medicaid, but there is a Primary Home Care (PHC) service you can look into.

4. Stay Informed and Involved

• Stay Informed about the Care Recipient's Needs: Stay aware of and up to date on the care recipient's medical and personal needs, so you can offer informed support to the caregiver. You could even look up the care recipient’s new medications or diagnoses to take that burden off the caregiver.
• Offer Respite Care: Arrange for respite care to give the primary caregiver a break. This could involve hiring professional caregivers or taking turns with other family members to provide care.

5. Show Appreciation

• Express Gratitude: Take the time to express your gratitude for the caregiver's efforts. A simple "thank you" can go a long way in acknowledging their hard work. A self-care basket or gift card could really boost spirits when things get tough. The impact of gratitude can go a long way especially after a difficult week for the care recipient’s health.
• Celebrate Milestones: Celebrate milestones and achievements in the caregiving journey. This can help boost the caregiver's morale and show them that their efforts are valued.

Conclusion

Caring for an aging relative is a significant undertaking, and the support of other family members can make a world of difference to the primary caregiver. By offering emotional support, practical help, financial assistance, staying informed and involved, and showing appreciation, family members can lighten the caregiver's load and ensure that their aging relative receives the best possible care. Working together as a family, you can create a supportive environment that benefits both the caregiver and the care recipient.

Navigating the Legal Side of a Cancer Diagnosis

Receiving a cancer diagnosis is an incredibly challenging experience, and during such times, legal issues are the last thing anyone should have to think about. Unfortunately, without proper estate planning documents in place, individuals and their families may face a range of legal issues that can add to the stress of the situation. After the dust of diagnosis settles, it might be worth spending some time getting ones affairs in order.

Below we’ll outline what some of those legal issues could look like, but first, we want to reiterate our support for anyone experiencing a difficult medical situation, either personally or that of a loved one. Our line of work requires us to discuss some topics that many people would rather leave to the imagination or not think about at all. Rest assured, our team is ready to support you through it all. We often see that clients who give us a call after they’ve processed the news a little bit are able to make clear decisions about what they want to happen in the worst case scenarios. We know it can be difficult to discuss these possibilities, but we’ve seen it be even more difficult for families when these decisions are not addressed at all.

1. Medical Decision-Making: Estate planning documents such as a Medical Power of Attorney and Directive to Physicians allow you to designate someone to make medical decisions on your behalf and outline what you would have chosen in specific circumstances if you become incapacitated. Without these documents and the discussions surrounding them, your family may face challenges in making decisions that reflect your preferences and become anxious about all of the “what ifs,” they never knew to ask you.

   One of our favorite resources for discussing one’s medical wishes is The Conversation Project. Their website and social media is filled with prompts and guidelines to make the difficult conversations a little easier.

2. Financial Management: A Durable Financial Power of Attorney (DPoA) enables you to appoint someone to manage your financial affairs if you are unable to do so. This is especially important during a cancer diagnosis when doctor's appointments and treatment side effects make running errands an uphill battle. Our Durable Financial Powers of Attorney documents are comprehensive and account for many scenarios that others might not.

3. Probate Process: Without a Will or other estate planning documents, your estate may go through a lengthy probate process, where the court oversees the distribution of your assets. This can be time-consuming, expensive, and may not reflect your intentions. We counsel every client on probate avoidance, looking at their unique set of assets to create a plan that will pass along assets outside of probate, if desired.

4. Asset Protection: Estate planning can include strategies to protect your assets from creditors or unreasonable liabilities. Without these protections, your assets may be vulnerable to legal challenges.

Ard Law Firm is known for our ability to act quickly for our clients experiencing a medical crisis—this is a time when medical, legal, and familial decisions need to be made rapidly. We want to reiterate that the stress of these decisions could be lessened if discussions are had and plans are made soon after a serious diagnosis such as cancer.

In conclusion, having estate planning documents in place and a supportive community is essential for anyone facing a cancer diagnosis. These documents provide peace of mind and ensure that your wishes are carried out, even if you are unable to make decisions yourself. It's important to consult with a qualified estate planning attorney to create a comprehensive plan tailored to your individual needs and circumstances. By doing so, you can ensure that you and your loved ones are prepared for whatever the future may hold.