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During their 62-year marriage, George and his wife, Grace, had built a strong family and a successful business. Through it all, they worked as a team. When one was weak, the other was strong. As they approached their 63rd wedding anniversary, though, Grace noticed George was beginning to forget important things and had more trouble making decisions. Finally, the day came when George wandered into the street. He didn’t recognize Grace when she tried to lead him back to their house. It became obvious that he was no longer safe living at home. Grace wondered where to turn as she faced her husband’s incapacity. Continue reading
Posted Mar 30, 2018 at Adams Miller LLP
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As the caregiver of someone with special needs, you’re called upon to make important decisions on a daily basis. Those decisions may be life-changing for you and for your loved one. Often, therapists, medical specialists, and other advisers help plan the best care for individuals who require extra care. It’s also important to talk to an attorney who understands the needs of disabled individuals. It may be time to establish a special needs trust to provide funds for immediate and long-term care. Continue reading
Posted Mar 28, 2018 at Adams Miller LLP
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Sometimes people die without leaving a valid Will. This is referred to as being “intestate.” In fact, only about 40% of Americans have bothered to write the most important document they’ll ever write – their Last Will and Testament. However, just about every adult has estate assets that need to pass to their heirs. Even though there’s no legal document to guide the transfer of those estate assets, Alabama law provides a way to settle an intestate estate. Continue reading
Posted Mar 26, 2018 at Adams Miller LLP
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Elderly people often want to remain in their homes as long as practical. But their caregivers and loved ones face some tough decisions. How can they keep Grandma Ruth safe while respecting her rights? Sometimes, Medicaid home and community-based waivers provide the best solution to a difficult situation. Continue reading
Posted Mar 23, 2018 at Adams Miller LLP
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Many people have been told that it is important for people to “avoid probate.” But just because people may have heard that term, doesn’t mean they know exactly what probate means, why it can be a problem or how to successfully avoid it. In this post, we will take a... Continue reading
Posted Mar 22, 2018 at Adams Miller LLP
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Most of us don’t like to think about the possibility of something harmful happening to us or a loved one. Because of this, we rarely think about how to protect ourselves and our loved ones if the worst were to happen. However, just as it is important to buy home... Continue reading
Posted Mar 21, 2018 at Adams Miller LLP
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Two patients arrived at the local hospital’s emergency room one night. Both had suffered strokes that left them unable to communicate. One family showed up with estate planning documents. The other did not. Is it ever possible to draw up estate plans in the ER? Continue reading
Posted Mar 20, 2018 at Adams Miller LLP
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Estate planning is important for people of all ages, but as we age, the need for planning becomes even more critical. Many people avoid estate planning, because they do not want to think about the end of life, failing health or disability. Others believe that an estate plan is only... Continue reading
Posted Mar 19, 2018 at Adams Miller LLP
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As the population continues to age, one of the main concerns people have about themselves or their loved ones is how to pay for long term care. The cost of long term care depends on the level of care that you need. Skilled nursing home care is the most expensive.... Continue reading
Posted Mar 19, 2018 at Adams Miller LLP
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A power of attorney is a powerful legal document. The principal, the person signing the power of attorney, names an agent to act on his or her behalf if no longer able to do so. There are different types of power of attorney forms with different purposes. Powers or attorney also cover different time frames, with some taking effect immediately, or just covering a limited time period, or a specific event. When signing a power of attorney, it’s important to know whether it’s a springing power of attorney or an immediate durable power of attorney. Continue reading
Posted Mar 16, 2018 at Adams Miller LLP
One of the most frequently asked questions we get is whether you can just give away your assets and qualify for medicaid to pay your nursing home bill. Watch the video to learn why that is not a good idea and will not work. The good news is that we... Continue reading
Posted Mar 12, 2018 at Adams Miller LLP
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As our aging population grows, the need for caregivers also rises. About 32 million Americans serve as unpaid caregivers, at an economic value of approximately $470 billion a year. Whether picking up meds or helping with daily living activities or making sure that bills have been paid, caregivers improve the quality of life for others every day. Continue reading
Posted Mar 9, 2018 at Adams Miller LLP
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There may come a time when you or a loved one need help paying for long-term care. Medicaid may be the answer, but there are hurdles to jump to receive benefits. The application process can be frustrating and confusing. Applicants have to meet certain financial criteria, including income and the value of their available resources. In fact, one point that often confuses people is what Medicaid means when it refers to “resources.” Continue reading
Posted Mar 6, 2018 at Adams Miller LLP
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Click the link to get a Free Copy of Our Book, The Basics of Estate Planning in Alabama. Get the book to learn: How to make sure you have input into who would raise your kids if something happens to you unexpectedly; How to name someone to act for you... Continue reading
Posted Mar 5, 2018 at Adams Miller LLP
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At age 82, Raymond became weaker and was unable to leave his home. His days passed with just his radio and television for company. Sound like a recipe for loneliness? It is. His niece, Patricia, visited once a month and noticed that Raymond’s house was messy, and his medicine bottles were empty. She wondered if it was time to consider long-term care for him. National Shut-In Visitation Day is a time to think about the needs of the shut-ins in your life. When you visit your elderly friends and family, will you be able to recognize the signs that it’s time for long-term care? Continue reading
Posted Mar 2, 2018 at Adams Miller LLP
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Patients sometimes reach a point where nothing more can be done. They know their illness will end with death. Families stressed to the breaking point seek out hospice care to provide palliative care to loved ones in their final days. Inevitably, families wonder how to pay for such care and, specifically, whether Medicaid will pay for their loved one’s hospice care. Continue reading
Posted Feb 27, 2018 at Adams Miller LLP
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Many people have never heard of Medicaid Estate Recovery. Medicaid recipients may not realize that benefits received for long-term care may have to be repaid. After certain recipients pass away, Medicaid may attempt to recovery some or all of the funds paid for their care. You may need Medicaid benefits in the future, so it’s important to know how to go about protecting your estate from Medicaid recovery. Continue reading
Posted Feb 26, 2018 at Adams Miller LLP
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Calvin was becoming more frail every day. Daisy, his wife of 52 years, was finding it difficult to help him with his daily living activities. After several trips to the emergency room, Calvin’s doctor told them that he needed in-home nursing care. Daisy was left wondering, “What now?” Continue reading
Posted Feb 23, 2018 at Adams Miller LLP
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As people age, they may begin to need assistance with daily activities. Family and friends pitch in with household chores and find other ways to support those they love. Many people also need assistance managing their finances, including the government benefits they receive. The Social Security Administration offers a way to help elderly or disabled people with their social security benefits – the Social Security Representative Payee. Continue reading
Posted Feb 20, 2018 at Adams Miller LLP
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Setting up the easiest pathway for your assets to pass on your death seems like a great idea. Or is it? One way that people often pass their assets to heirs is using transfer-on-death (TOD) and payable-on-death (POD) designations. As with anything, there are pros and cons to using TODs and PODs. Continue reading
Posted Feb 16, 2018 at Adams Miller LLP
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After serving this country, veterans should not have to struggle to get the care they need. No, the care they deserve. If you or a loved one is a disabled veteran, a little-known veteran’s benefit called Aid & Attendance may defray expensive nursing care. However, as with any government process, applying for veterans’ benefits can be complex, time-consuming, and frustrating. Continue reading
Posted Feb 13, 2018 at Adams Miller LLP
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Applying for Medicaid is tricky, and timing is important. In fact, Medicaid planning is best started years before you actually need to apply for benefits. How your property is owned, and when it was titled, makes a big difference. One way to plan ahead for Medicaid is by using a life estate deed. Continue reading
Posted Feb 9, 2018 at Adams Miller LLP
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Some people swear that they will never send a loved one to a nursing home. Then one day a doctor tells them there’s no alternative to long-term nursing care for their family member. Does “long-term nursing care” always “nursing home” or are there reasonable nursing home alternatives? Continue reading
Posted Feb 6, 2018 at Adams Miller LLP
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When something is durable, it’s built to last. Tough. Resistant to pressure. Strong. Just the qualities you want in an important legal document like a durable general power of attorney. Continue reading
Posted Feb 2, 2018 at Adams Miller LLP
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Right around January 1st, you may have given some thought to making your New Year’s resolutions. Typically, we try to find resolutions that make our lives better in some way – things like losing weight or saving more money, for example. Something you may not have considered yet is whether your estate planning needs to be in better shape. It’s not too late to make these three resolutions about your estate planning: Continue reading
Posted Jan 30, 2018 at Adams Miller LLP