Texas Estate Planning

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.