Miller Trust Texas | Houston Medicaid Attorney » income

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.

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?

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?

When Does Income Become a Resource?

Rich Shea — Mon, 12 Apr 2010 11:46:22 +0000

What happens to income after you receive it? As we have covered in other articles Texas Medicaid has very specific rules for the treatment of income and the treatment of assets. Therefore, it is critical your Houston Medicaid Attorney understands when property is labeled as income and when it is labeled as a resource.

The General Rule of Income for Texas Medicaid

Income is anything a person receives in cash or in kind that can be used to meet the person’s needs for food and shelter. It is the receipt of any property or service a person can apply, either directly or by sale or conversion, to meet basic needs for food and shelter. Income is normally counted on a monthly basis.

Is Income Always Treated as Income?

No. The legal definition of income for Texas Medicaid eligibility only applies for a limited time. For example, if you receive pension checks that you do not spend but rather deposit into a separate bank account where nothing else goes; is that account treated as income because that is all that was deposited into it? Unfortunately no, property loses its label as income through the passage of time, not through how it is used.

For Texas Medicaid the receipt of a payment – in the form of cash, property, or service – is income in the month of receipt and a resource as of 12:01 a.m. on the first day of the month after receipt. If you receive a payment on April 26th the payment may be treated as income only until 12:01 a.m. on May 1st.

Sort Out Income and Resources

Speak with a Woodlands Medicaid Attorney today if you need help sorting out what property is treated as income and what property is treated as a resource for Texas Medicaid eligibility. The wrong identification of property can cost your family thousands of dollars in unpaid nursing home bills while the mistakes are remedied.

Texas Medicaid Eligibility for 2010

Rich Shea — Wed, 06 Jan 2010 13:00:26 +0000

This post was written for Medicaid eligibility in 2010. 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. This year there were not many changes. 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?

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. Remember, only you can protect your rights and property. The nursing home and the DADS are not responsible for helping you with asset protection. Call (832) 592-7913 to get started today.

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

Rich Shea — Sun, 22 Nov 2009 12:44:53 +0000

Sometimes a loved one enters a nursing home as the result of the gradual progression of an illness such as Alzheimer’s. Sometimes a loved one needs nursing home care unexpectedly and everyone is caught by surprise and quickly finds themselves in a overwhelming situation. In either case, one of the vital questions you need to ask and prepare for is how long will your family have to pay the nursing home bill before your loved begins receiving Texas Medicaid benefits?

We’ve discussed specific eligibility issues such as assets and income in other articles. Today we are only looking at the timelines involved when a person meets the eligibility criteria for Texas Medicaid.

You may find yourself in the following situation:

Your loved one enters a nursing home on a random day of the month, let’s say October 10th.
Medicare covers the first 20 days but it becomes clear an extended nursing home stay is needed.
You consult with a Texas Medicaid Attorney on November 1st who prepares and files your Medicaid application on November 15th.
The application is approved December 10th.
When do Medicaid benefits begin?

Your loved one can be covered as of October 1st if all of the other criteria were satisfied as of October 1st, namely asset and resource eligibility.

If your loved one did not meet all of the eligibility criteria as of October 1st (which is common in cases where the nursing home admission is unexpected) your family may have to pay the nursing home bill until Medicaid eligibility is created which could be November 1st or December 1st in the above example. Exactly which date it is depends on how quickly you create Medicaid eligibility with the advice of a Texas Medicaid Attorney.

The important thing to remember about asset and income eligibility for Texas Medicaid is that it is only examined at the first moment of the month. By rule, if your loved one has too many assets or too much income as of that first moment of the month they are ineligible for Texas Medicaid nursing home benefits for the entire month and you will have to deal with an uncovered nursing home bill.

Create Medicaid Eligibility As Soon As Possible

In the above example the family began to work with a Texas Medicaid Attorney on November 1st. By that time it was already too late for the attorney to fix any eligibility issues to establish a benefits date of November 1st. The next earliest potential benefits date is December 1st, leaving the family to pick up the bill until then. If the family in the above example began to work with an attorney while there was still enough time in October, they may have been able to obtain a benefits date of November 1st.

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Take Back Control

Rich Shea — Wed, 24 Jun 2009 14:00:28 +0000

Can you answer these questions?

My loved one’s nursing home is ________________________.
My loved one’s nursing home costs $____________ every month.
My loved one will be broke on ___________.
My loved one will be able to keep $_________ in income and qualify for Texas Title 19 Medicaid.
My loved one will be able to keep $_________ in assets and qualify for Texas Title 19 Medicaid.
My loved one will qualify for Texas Medicaid nursing home benefits as of ________.
There is a gap of $_________ in nursing home bills that Texas Medicaid will not cover.
The Department of Aging and Disability Services will not impose a penalty period against my loved one based on the previous 5 years of records.
My loved one’s spouse will be able to keep $_________ in income and assets to maintain his or her standard of living.
My family has taken the proper steps to protect as many assets as possible.

Families facing a Texas nursing home situation are always in a difficult position. Uncertainty suddenly surrounds a family that was previously in control of their health and financial destiny. The first step to restoring stability and reducing anxiety is understanding how a nursing home stay will impact a spouse at home as well as the family’s life savings.

A Texas Medicaid Protection Plan can answer these questions for you and your family as well as give you a plan for the road ahead. Speak with a Texas Medicaid Attorney today to begin yours today. Do not stay at the mercy of the nursing home and government agencies. Get answers to your questions today and take back control of your situation.

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Miller Trust Requirements – Part 2

Rich Shea — Fri, 29 May 2009 20:14:23 +0000

Today we will review additional requirements to maintain a valid Miller Trust under Texas Medicaid law. These requirements are in additional to the items we previously discussed.

A valid Miller Trust must be irrevocable. If your trust document contains any provisions concerning revocation, modification, or termination by an individual or a court you risk invalidating your Miller Trust.

A valid Miller Trust must provide that Texas will receive all amounts remaining in the Miller Trust upon the death of the Medicaid recipient (limited to the amount of assistance paid on their behalf).

A valid Miller Trust must impose the following duties on the Trustee:

The Trustee must pay to the beneficiary the monthly personal needs allowance provided in the Medicaid regulations;
The Trustee must pay to the spouse of the beneficiary the amount required to reach the spouse’s minimum monthly maintenance needs allowance;
The Trustee must pay medical expenses of the beneficiary that are not subject to reimbursement by a third party;
The Trustee must pay from the remaining funds the cost of medical assistance provided to the beneficiary.

These provisions are required to create and maintain the validity of your Miller Trust. If any required provision is not included or properly drafted you may not have the protection you seek. Speak with a Houston Medicaid Lawyer if you need to create a Miller Trust to create eligibility for Texas Medicaid nursing home benefits.

TexasTitle19.com is your resource to find 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.