Houston Estate Planning and Elder Law Attorney Blog

What Does a Houston Medicaid Planning Attorney Do?

Published on: August 20, 2020 | By McCulloch & Miller, PLLC

While Medicaid planning is a term often tossed around, not many people know exactly what the process entails. In general, Medicaid planning is any assistance provided to an individual in advance of their Medicaid application. These tasks widely vary depending on the needs of the person, but may include anything from collecting documents to restructuring assets. Medicaid eligibility is complicated and even a simple mistake in the application may result in being denied benefits. Because of this, people will often consult a Houston Medicaid planning attorney to help them with the process and ensure their family’s assets are maintained while their loved one receives the long-term care they need.

Reviewing Medicaid Eligibility

It is important for an individual to determine their Medicaid eligibility in order to have a full grasp of the potential benefits that they could receive. The consequences of being denied Medicaid benefits can be detrimental not only for the individual, but also for their family. The American Council on Aging provides a free eligibility status checker to determine eligibility.

Who Can Benefit from a Houston Asset Protection Plan?

Published on: August 18, 2020 | By McCulloch & Miller, PLLC

It takes confidence and courage to start a business. In fact, many believe that the best business owners are those who are comfortable with some level of risk. However, there are acceptable risks and unacceptable risks, and any business owner knows that avoiding unnecessary risk is the cornerstone of running a successful business. Because of this, many business owners take the proactive step of creating a Houston asset protection plan.

What is an Asset Protection Plan?

An asset protection plan is a strategy that business owners can use to protect their assets in the event they get sued or end up going through a divorce. The reasons why a business owner decides to create an asset protection plan vary. For some, it is the fact that their business operates in a field that sees a significant amount of litigation. Examples include certain types of doctors, who may face a medical malpractice lawsuit. For others, it is the fear that they will be targeted for litigation based on their substantial assets. Whatever the reason, an asset protection plan can help preserve what a business owner has worked so hard to create.

The Importance of a Letter of Intent in a Houston Special Needs Plan

Published on: August 14, 2020 | By McCulloch & Miller, PLLC

Parents know their children better than anyone else. While this stands true for any parent-child relationship, it is especially applicable in families who have a child with special needs. Given the challenges that many children with disabilities face, parents may have valid concerns about what will happen to a child with special needs once they are gone. Creating a Houston special needs plan is an important step in the estate planning process that parents can take to provide themselves peace of mind, as well as provide their child with the support they need to live a long, fulfilling life.

One crucial element of a Houston special needs plan is the letter of intent. A letter of intent is simply a letter, drafted by parents, that includes vital information about their child to future caregivers. Unfortunately, letters of intent are often overlooked by parents who intend on having another family member take over the care giving role once they are gone. However, even if relatives are close with a child, they may not know all of the necessary information that a parent would hope to pass on. Further, in the event a familial caregiver passes away or becomes incapacitated themselves, vital information about the child would be lost. Thus, even if a family member is planning on assuming the caregiver’s role, a letter of intent is still important.

Letter of Intent Checklist Items:

Making Special Needs Planning Easy with the Texas ABLE Program

Published on: August 12, 2020 | By McCulloch & Miller, PLLC

Texas ABLE Program

Having someone in your life or family who has a disability can often mean disability-related expenses. For some, it can also mean needing additional assistance in order to maintain the individual and family’s personal and collective health, independence, and quality of life. The Texas Achieving a Better Life Experience (Texas ABLE) Program exists in order to encourage and support individuals with disabilities and their families. The program helps individuals with special needs save money that can be used to pay for disability-related expenses. The program is established and maintained by the Texas Prepaid Higher Education Tuition Board with support from the Texas Comptroller of Public Accounts.

To be eligible to receive assistance through the program, an individual must be a Texas resident who developed their qualifying disability before the age of 26. Texas ABLE’s website also includes an Eligibility Wizard, which is an easy online tool that can determine your eligibility to open an account with the program. To open an account, the individual must be 18 years of age and manage their own account. If the eligible individual is under the age of 18 or is unable to exercise signature authority over their account, they will need an Authorized Legal Representative who will help with opening and managing of the account. This individual can be a parent, legal guardian, or a trustee or agent acting under power of attorney.

Houston Estate Planning Tips for the “Sandwich Generation”

Published on: August 9, 2020 | By McCulloch & Miller, PLLC

It can often be tricky enough to raise children; however, for those raising children and taking care of their own aging parents, the workload is doubled. The “sandwich generation” is a term that refers to those who are simultaneously caring for their own children as well as their elderly parents. While the stress may seem insurmountable for those juggling both of these tasks, there are ways to plan ahead and manage these challenges through the use of an effective Houston estate plan.

Compile Emergency Information about Aging Parents

Even before it seems necessary, it is important for people to have emergency information about one’s parents readily available. Having the following information easily accessible can save people from frantic moments after an unforeseen medical emergency has occurred: copies of insurance and prescription cards, the contact information of primary care physicians, basic medical history, and a current list of medications and dosage. Additionally, it is critical to have an elderly parent’s financial information on hand, such as contact information for banks and a list of financial accounts, in case of incapacitation or other emergencies. Check out our wonderful Family Document Checklist Tool.

The Importance of Choosing the Correct Trustee in Your Estate Plan

Published on: August 6, 2020 | By McCulloch & Miller, PLLC

Ensuring how a person’s assets and property will be handled after death is a critical first step when drafting a Houston estate plan. Often, a comprehensive estate plan involves the creation of one or more trusts. Thus, the second step of estate planning, determining who to name as a trustee, is often just as vital.

Serving as a trustee is time-consuming and complex. Although individuals often select a family member or close friend to serve as the trustee, picking a professional trustee can often eliminate a lot of the common issues that trustees face when executing an estate plan. Because a trustee will be responsible for ensuring an individual’s assets are distributed in a fair and legal manner, there are factors to consider when choosing a person to serve as the trustee of the estate:

Ability to Make Difficult Decisions

Creating a Houston Life Care Plan for Aging Loved Ones

Published on: August 3, 2020 | By McCulloch & Miller, PLLC

As people age, it becomes even more important to plan ahead for unexpected illnesses and disabilities. While creating an estate plan may seem like enough, a life care plan can help to ease the stress that comes with taking care of an elderly loved one. This is critical because it defines and organizes all aspects of a senior’s care. By establishing a Houston life care plan, a family can be prepared for any future care needs that may arise and feel confident in their decision.

What is a Life Care Plan?

A life care plan is a holistic look at your specific planning options, choices, and decisions. Besides including an estate plan, the life care plan will address the legal, financial, housing, and long-term care issues caused by the loved one’s chronic illness, disability, or even just their aging. Unlike traditional estate planning which focuses on preserving an elderly loved one’s hard-earned money for future generations, life care planning focuses on maximizing their quality of life and independence. Because there are a lot of unexpected situations that arise when a loved one continues to age, developing a life care plan allows families to be prepared for any situation that might arise. Overall, the goal of life care planning is to promote and maintain the health, safety, and well-being of the elder and their family.

What You Need to Know About Texas Elder Law

Published on: July 28, 2020 | By McCulloch & Miller, PLLC

As a person gets older, the legal issues they encounter differ from those that other people face. To address these needs, Elder Law is a relatively new practice area that focuses on the issues affecting the aging population, helping to prepare them, and their loved ones, for any future problems that might arise. As Elder Law deals with some of society’s most vulnerable people, attorneys who work in this practice area take into account the difficulties that accompany the aging process. The practice of Houston Elder Law encompasses many different areas of law. Below are some issues normally included within the practice of Elder Law.

Securing Senior Housing

Helping a senior transition to a new housing arrangement can often be difficult. Elder Law attorneys are often consulted to assess an elderly person’s situation and determine whether a nursing home or life care community is necessary. If a move to a nursing home is required, Elder Law attorneys will help explore all housing options, investigate nursing home quality and inform seniors of their patient rights.

Solving Common Houston Estate Planning Disputes

Published on: July 24, 2020 | By McCulloch & Miller, PLLC

When a loved one passes away, it is often a very tragic time for the family. However, it can be even more upsetting when the person dies without a will, and there is a family dispute over the contents of the estate. While having a thorough Houston estate plan can minimize the risk of disputes, there is still the possibility that issues will arise. Below are some common estate problems and solutions.

Conflicts with the Estate Executor

A family dispute with an estate’s executor or administrator is a regular estate planning issue. When an executor is appointed to manage the estate after a person passes away, there can be a conflict if family members disagree with the executor’s choices. These disputes include if the family believes the executor was poorly chosen or if the executor is engaged in the mismanagement of the estate, including possible fraud. In these cases, it may be necessary to have the executor removed and replaced. Because it may be difficult to find an executor that family members are satisfied with, it is often useful to find a neutral outsider who does not stand to inherit any of the estate property.

These Texas Estate Planning Strategies Will No Longer Help Avoid Medicaid Penalties

Published on: July 22, 2020 | By McCulloch & Miller, PLLC

When putting together a thorough Houston estate plan, one important consideration is how care expenses will be paid later in life. This includes long-term care planning, which can be one of the most significant expenses for older Americans. For those with limited assets, Medicaid will typically pay for nursing home expenses.

Many people anticipating the need for long-term care have used several methods for gifting assets to others in order to qualify for this benefit. The goal of Medicaid planning is to qualify for Medicaid benefits that cover long-term care, while minimizing the penalty that would result from the transfer. Recent changes to Medicaid laws have rendered several of these methods that were formerly used to achieve these objectives obsolete. Below are a couple of strategies that will no longer be effective, moving forward.

The “Half a Loaf” Strategy