Miller Trust Texas | Houston Medicaid Attorney

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 Nursing Home Costs Increase 9%

Rich Shea — Tue, 10 Jan 2012 11:16:42 +0000

The Health and Human Services Commission recently completed their annual determination of the average cost of nursing home care in Texas. The new daily rate they found is $142.92 while the previous daily rate was $130.88. This is an increase of over 9% in one year.

For one year, the average cost of a nursing home in Texas now exceeds $52,000. How long can your family afford to keep up at that rate? It is more important than ever to review your situation with an experienced Texas Medicaid attorney that can help you pay for the nursing home without going broke. Not taking advantage of this opportunity can cost you $52,000 or more, every year.

For married couples it is critical to protect your assets before you write too many of those large checks to the nursing home because once the money is gone it can’t be brought back. I can’t stress enough how important it is to maintaining your standard of living that you speak with an experienced Medicaid attorney when your spouse needs nursing home care. With the proper advice and representation you can protect a lot more than you might think, but you have to take that first step and contact us or call us at 832-592-7913. Do nothing and you may very well be impoverishing yourself while enriching the nursing home.

Texas Nursing Home Costs Up 6.8%

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.

Are You The Responsible Party?

Rich Shea — Fri, 08 Apr 2011 22:40:40 +0000

Before you sign that nursing home admissions contract you may want to review it carefully. There is a growing trend in the nursing home industry to include”responsible party” provisions which have the potential for some surprising consequences.

What is a “Responsible Party?”
At first glance it may sound like the primary family contact in the event the nursing home needs to contact someone. However, in reality many nursing homes are defining “responsible party” to include personal financial responsibility for the resident’s nursing home costs. Depending on the language used in those provisions you may be voluntarily giving them the right to come after you for payment of nursing home bills. By the way, those bills average around $5,000 per month.

How To Avoid It
You may be surprised, but it is actually illegal for a Houston nursing home or a nursing home anywhere in Texas to require a family member to take on personal financial responsibility in order to admin a loved one to a nursing home. However, if you take on that liability voluntarily then you no longer have the protection of the law. You are only protected if they required you to assume personal financial responsibility.

Know What You Are Signing
Do not be a victim of these predatory practices by signing the admissions contract without reading it. If you are not sure about any provisions of the contract contact us and we can review it.

If you would like more information on Texas Medicaid and how to pay for the nursing home without going broke and losing everything, contact us at 832-426-3913.

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How To Install a Granny Cam in a Texas Nursing Home

Rich Shea — Wed, 09 Mar 2011 12:36:53 +0000

It is a sad fact that too many nursing homes in Texas and the greater Houston area abuse or neglect their vulnerable residents. If you are concerned about the treatment your loved one is receiving in a Texas nursing home then you may have considered using a “granny cam” to find out exactly what is going on when you are not around. Texas has some very specific laws on how to properly install a “granny cam” in a Texas nursing home. If you do not follow those laws, then you act at your own peril and run the risk of violating someone else’s rights while attempting to protect your loved one’s rights.

Here are the basic rules concerning installing a “granny cam” in a Houston nursing home:

The nursing home must permit the resident or the resident’s guardian to monitor the room through the use of electronic monitoring devices. They cannot refuse your proper request to install a camera.
You must make a formal request to install a “granny cam” on the form required by the Department of Aging and Disability Services;
You must obtain the written consent of other residents in the room;
The nursing home shall require a resident (or their guardian) who conducts authorized electronic monitoring to post and maintain a conspicuous notice at the entrance to the resident’s room. The notice must state that the room is being monitored by an electronic monitoring device.
The nursing home may not refuse to admit an individual and may not remove a resident because of a request to conduct authorized electronic monitoring.
The nursing home must make reasonable physical accommodation for authorized electronic monitoring, including: (1) providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and (2) providing access to power sources for the video surveillance camera or other electronic monitoring device.
The resident or the resident’s guardian must pay for all costs associated with conducting electronic monitoring, other than the costs of electricity. The resident or the resident’s guardian or legal representative is responsible for: (1) all costs associated with installation of equipment; and (2) maintaining the equipment.
The nursing home may require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room.
If authorized electronic monitoring is conducted, the nursing home may require the resident or the resident’s guardian or legal representative to conduct the electronic monitoring in plain view.
The nursing home may but is not required to place a resident in a different room to accommodate a request to conduct authorized electronic monitoring.

Contact us at (832) 592-7913 if you need help finding a nursing home, getting the best care there, or paying for it without going broke.

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