Miller Trust Texas | Houston Medicaid Attorney » eligibility

Who Can Sign a Miller Trust?

Rich Shea — Mon, 23 Apr 2012 11:54:08 +0000

A Miller Trust is created by the Texas Medicaid Applicant and the person they choose as Trustee signing the Texas Miller Trust document. In some cases this is easily accomplished, but in other cases where the Medicaid Applicant may not be able to sign the document because of a progressive condition like Alzheimer’s or other mental incapacity it can be a bit more challenging. So, who can sign and create a Texas Miller Trust?

The Medicaid Applicant

As long as the Medicaid Applicant meets the requirements of mental competency to sign legal documents they can sign the Texas Miller Trust document themselves and this is the preferred method of creating the trust. If the Medicaid Applicant does not have the required mental capacity to sign the Miller Trust document, then someone else will have to sign the trust for them.

A Valid Power of Attorney

If the Texas Medicaid Applicant has previously designated an individual to act as their legal representative through a valid power of attorney for property then that person can create the Miller Trust for the Medicaid Applicant. The key points with someone signing as power of attorney is that 1) the power of attorney must be valid, and 2) the power of attorney must be for property matters and grant the person sufficient power to create the trust. Some defects I have seen in power of attorney documents presented to me include: the notary not completing the acknowledgement of the person’s signature; only a power of attorney for medical decisions is signed; and generic documents that were not prepared by a Texas licensed attorney which do not grant the individual enough authority to establish the Miller Trust and the required bank account.

A Valid Guardian of the Person

If an individual has been found disabled and a Texas Court has established a Guardianship, the Texas Probate Code provides for a Guardian of the Person to apply for permission from the Court to establish a Miller Trust. You will have to obtain a court order to do so which will increase the amount of time to establish the Texas Miller Trust as well as the costs. It is important to note that the Guardianship must be a Texas Guardianship. If the Guardianship was ordered in another State then we will have to go through a court process to transfer the Guardianship to Texas.

A Valid Guardian of the Estate

If an individual does not have a Power of Attorney in place as described above, then in order for someone else to manage their property for them a Guardianship of the Estate must be appointed by the Court. The Texas Probate Code provides for a Guardian of the Estate to apply for permission from the Court to establish a Miller Trust. You will have to obtain a court order to do so which will increase the amount of time to establish the Texas Miller Trust as well as the costs. It is important to note that the Guardianship must be a Texas Guardianship. If the Guardianship was ordered in another State then we will have to go through a court process to transfer the Guardianship to Texas.

The Texas Medicaid eligibility rules require an applicant that has too much income create a Texas Miller Trust in order to receive Texas Medicaid nursing home benefits. Sometimes that is easier said then done as we have seen above, so if you believe there are any complications with getting your loved one’s Texas Miller Trust signed then take this into account when creating your timeline for Medicaid eligibility. The sooner you begin, the less likely you’ll be surprised by months of unpaid nursing home bills which they pursue you for.

Don’t Create a Medicaid Penalty by Mistake

Rich Shea — Mon, 16 Apr 2012 17:30:29 +0000

It happens everyday. A parent unexpectedly needs nursing home care and in the rush to try to protect assets people complete transactions with those assets. Without the guidance of an experienced and skilled Houston Medicaid attorney an innocent transaction can lead to disaster.

One common situation I come across while helping families all across Texas protect their assets is family members who try to protect an asset in the wrong way. Your Texas Medicaid attorney can help your family protect assets through the use of what is called exempt property. Exempt property can be kept by a Medicaid applicant without the HHSC counting it against them.

Families that try to do their own asset protection occasionally end up transferring property that could be exempt and kept by the Medicaid applicant. The improper transfer then results in a Texas Medicaid penalty and another $5,000 (or more) in unpaid nursing home bills all caused by an unwise attempt to protect an asset that did not need protection.

Don’t let this happen to you. It is perfectly normal and acceptable to want to protect as many assets as possible in these situations, but in order to effectively protect assets without creating new liability you need to know what you are doing and what the boundaries of the law are. Contact a Houston Medicaid Attorney from The Shea Law Firm at (832) 592-7913 to get started.

How Much Did You Pay?

Rich Shea — Mon, 05 Mar 2012 01:13:42 +0000

It’s the beginning of the month and hopefully you are not one of the too many families out there that wrote another check to the nursing home for anywhere between $3,500 – $6,000 (or more) for another month of nursing home care for a spouse or loved one with no end in sight. If that does happen to be you, take a moment to consider if you may be missing out on some significant opportunities.

For example, does each check you write every month for thousands of dollars:

protect your loved one’s life savings for a healthy at home spouse living on a fixed income?
provide any quality of life enhancement to your loved one?
avoid Texas Medicaid Estate Recovery claims?

If your loved one is burning through their resources without receiving any of those benefits, then contact The Shea Law Firm and start getting more for your money.

How Long Will You Have To Pay The Nursing Home Bill?

A New Obstacle to Texas Medicaid Eligibility

Rich Shea — Mon, 27 Feb 2012 13:01:43 +0000

It is more important than ever for you to make sure your spouse’s or loved one’s Medicaid application is prepared and handled properly. This is because the HHSC (Health and Human Services Commission) which is responsible for approving or denying every Texas Medicaid application is transitioning to a new procedure under TIERS (Texas Integrated Eligibility Redesign System).

Under the old system, a caseworker was assigned to each Texas Medicaid application and if there was an error or omission with the application the caseworker was expected to communicate directly with the applicant to resolve the issue if possible.

This new system may entirely eliminate communication between the HHSC caseworker and the Medicaid applicant to resolve any mistakes with the original Medicaid application. Under TIERS, if the caseworker cannot grant Medicaid eligibility on the face of the application as he or she receives it, then the caseworker now has the discretion to deny the application. It would not surprise me to see many caseworkers exercise this option to reduce their ever growing list of files.

If This Has Happened To You

Do not give up if your Medicaid application has been denied. You have three options at this point which you should consider carefully. You can: 1) do nothing and somehow find a way to pay the nursing home bill every month without Texas Medicaid; or 2) file an appeal with an experienced Texas Medicaid Attorney if it seems the caseworker’s decision was based on a mistake of fact or law; or 3) make the required adjustments to establish Medicaid eligibility with a new application.

Remember, every mistake that creates ineligibility results in another month or more of nursing home costs (which average $4,347.15 every month) that Medicaid will not pay so I always recommend getting it done right the first time.

If you would like more information on Texas Medicaid, including how to pay for the nursing home without going broke and losing everything, contact us at 832-592-7913.

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Texas Medicaid Eligibility 2012

Rich Shea — Tue, 03 Jan 2012 18:02:24 +0000

Certain numbers used to determine eligibility for Texas Medicaid benefits are subject to change every January 1st. For 2012 there was an increase in the monthly income limit while there was no change in the resource limits. For married Texas Medicaid applicants, there was also a minor increase in the minimum and maximum Community Spousal Protected Resource Amounts. The current figures are listed below.

Income Limit for an Individual:$2,094/month

Income Limit for a Couple: $4,188/month

Resource Limit for an Individual: $2,000

Resource Limit for a Couple: $3,000

Home equity is limited to $525,000

Minimum Community Spousal Protected Amount: $22,728

Maximum Community Spousal Protected Resource Amount: $113,640

What About Your Home?

An experienced Houston Medicaid Attorney can help you protect your home, both while you are alive and as well as preserve its value for your heirs. For additional information, read about our Texas Medicaid Home Protection program.

How Does this Impact Your Family?

If your loved one’s income or assets exceed the values listed above do not give up. A Houston Medicaid Attorney can help you establish Medicaid eligibility through proven techniques while protecting everything your family is entitled to protect. Act now to secure Medicaid eligibility and eliminate the uncertainty and restless nights wondering who will pay the nursing home costs of more than $100 every day. Remember, only you can protect your rights and property. Call The Shea Law Firm at (832) 592-7913 to get started today.

TexasTitle19.com is your connection to an experienced Houston Medicaid Attorney who can help you find the right nursing home, get the best care, and pay for it all without going broke. We are currently focused on Harris and Montgomery Counties, including the areas of Houston, Conroe, The Woodlands, Spring, Tomball, Humble, and Katy. We also provide consulting services throughout all of Texas.

The Right Time to Create a Miller Trust

Rich Shea — Tue, 18 Jan 2011 12:42:56 +0000

Everyone who comes to TexasTitle19.com to solve their Texas Nursing Home Medicaid eligibility issues is well aware that if a Texas Medicaid applicant receives more than $2,022 (for year 2011) in a month that person is not eligible in any way, shape, or form for Texas Nursing Home Medicaid unless they create a Miller Trust. So if you know you need a Texas Miller Trust in order to be eligible for Medicaid, then when is the time to begin the process and get everything setup?

For the people that I work with I recommend having the Texas Miller Trust signed and the bank account opened at least a month before you need Medicaid benefits to begin. Why? The reason is simple, if the income for any given month is not properly coordinated with the Texas Miller Trust then you can lose an entire month of Medicaid eligibility which could leave your family with a bill of a few thousand dollars in nursing home costs. When you have the Miller Trust prepared the month before you need Medicaid benefits to begin then I can guide you through the steps you need to take with the Miller Trust so your loved one is no longer over the income eligibility limit and Medicaid benefits can begin.

If you wait until after the Medicaid application is submitted, it may already be too late to use the Miller Trust to establish income eligibility for the month of application. Once the income for the month has been received and spent without a Miller Trust it cannot be undone.

Don’t make a costly mistake. Speak with a Texas Medicaid Attorney at (832) 592-7913 if your loved one needs Medicaid benefits to pay for nursing home care.

Medicaid Eligibility 2011

Rich Shea — Sat, 08 Jan 2011 23:53:31 +0000

This post was written for Medicaid eligibility in 2011. For current Medicaid Eligibility information, visit: http://texastitle19.com/texas-nursing-home-medicaid-eligibility/

Certain numbers used to determine eligibility for Texas Medicaid benefits are subject to change every January 1st. For 2011 there were no changes in the income or resource limits. Unfortunately the minimum and maximum Community Spousal Protected Resource Amounts remained the same. The current figures are listed below.

Income Limit for an Individual:$2,022/month

Income Limit for a Couple: $4,044/month

Resource Limit for an Individual: $2,000

Resource Limit for a Couple: $3,000

Home equity is limited to $500,000

Minimum Community Spousal Protected Amount: $21,912

Maximum Community Spousal Protected Resource Amount: $109,560

How Does this Impact Your Family?

Medicaid Mythbusters Part 2

Rich Shea — Tue, 14 Dec 2010 23:18:21 +0000

This is another installment in my mythbusters series to help get some accurate information out there concerning some popular myths that surround eligibility for Texas nursing home medicaid benefits.

Myth
You can make gifts within five years of applying for benefits and just not tell anyone; or the State of Texas will not find out.

Fact
A Medicaid application averages about 45-90 days before the HHSC makes a decision. What do you think they are doing during that time? They are investigating and looking for clues to any assets that may not have been identified on the application. And even if you slip by on the initial application, if the asset is discovered later on you will lose your benefits then and incur liability for the benefits the state already paid. Hoping that you do not get caught is not a strategy.

Myth
You can make gifts of real estate, or cash, or stock, without creating a penalty as long as they are “small”.

Fact
Gifts or any transfer where the Medicaid applicant or their spouse receives less in value than they transferred to another person are a minefield for the inexperienced. There is no blanket exemption that a person can gift without penalty like there is for federal gift tax purposes. Any gift or questionable transfer can be the basis of a penalty that disqualifies your loved one from Medicaid. Unfortunately too many people without proper advice end up spending several thousands of dollars on nursing home costs because they incurred a penalty over a few hundred dollars. Not a good trade in my opinion.

Myth
If you have a joint account with a family member or someone else and you simply remove your name from the account that is not a transfer resulting in a penalty.

Fact
Removing an account owner’s name from an account and cutting off their access to the funds in the account is a gift transfer which will result in a penalty and period of ineligibility. This is the same as writing a check for the full amount of the account to the other account owner.

Don’t make the mistake that ends up costing your family tens of thousands of dollars. The Texas Medicaid rules are very harsh and do not distinguish between “innocent” mistakes and intentional acts to deceive. Protect yourself and your property with an experienced Texas Medicaid Attorney today.

Medical Necessity and Nursing Home Medicaid

Rich Shea — Thu, 09 Dec 2010 11:41:39 +0000

In order to qualify for nursing home Medicaid benefits the applicant must have a “medical necessity” to be in a nursing home. If you do not have a valid medical necessity then you will not be eligible for Medicaid. What is a “medical necessity?”

A Medical necessity exists when a person meets all of the following criteria:

(1) The individual must demonstrate a medical condition that:

(A) is of sufficient seriousness that the individual’s needs exceed the routine care which may be given by an untrained person; and

(B) requires licensed nurses’ supervision, assessment, planning, and intervention that are available only in an institution.

(2) The individual must require medical or nursing services that:

(A) are ordered by a physician;

(B) are dependent upon the individual’s documented medical conditions;

(D) are provided either directly by or under the supervision of a licensed nurse in an institutional setting; and

(E) are required on a regular basis.

This decision is generally made by the staff at the nursing home the Medicaid applicant resides at. It is a medical decision, but it can be appealed by your Medicaid Attorney if you believe the staff made a wrong decision. Get help today if your loved one needs nursing home Medicaid benefits.

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Medicaid Mythbusters

Rich Shea — Thu, 25 Nov 2010 13:23:34 +0000

The Medicaid nursing home benefits program causes a lot of confusion. Part of why I publish this website is to get accurate information out there into your hands so you don’t make a decision based on rumors, stories, and other inaccurate sources of information. There are a lot of popular misconceptions about eligibility for Texas Medicaid. Let’s take a look at some of them.

Myth

You can make small or large gifts to family members within five years of applying for benefits and still qualify for Medicaid benefits without penalties.

Fact

There is no annual limit you can give to family members that will not create a penalty for Medicaid eligibility. Any gift can create a penalty. The confusion that sparked this myth is the annual gift tax exclusion which only applies to gift taxes and has no impact on Medicaid.

Myth

Your parent will lose everything before he or she can receive Medicaid benefits.

Fact

Potential Medicaid applicants do have some flexibility in making the most of their assets before qualifying for nursing home benefits. Married applicants can usually protect a sizable amount of assets for their spouse, and unmarried applicants can usually get more with their remaining assets than simply paying the nursing home bill until everything is gone.

Do not spend all of your money on nursing home bills. Find out how you can protect yourself and your family with a Texas Medicaid attorney.

Medicaid Mythbusters Part 2