Elder Law

Elder Law

What is a “Miller Trust?”

Miller Trust is a type of trust used to qualify a Medicaid applicant for Medicaid when the Medicaid applicant’s income exceeds the state published Income Cap.  In Arkansas, the “Income Cap” (a phrase with a specific meaning for Medicaid purposes) as of the date of this article is $2,250. This means any applicant for Medicaid is not qualified so long

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Elder Law, Estate Planning

How to Pay for Nursing Home Care

One of the greatest fears people have about aging is loss of health and ending up in a nursing home.  How are you going to afford to pay for long-term care? There are basically four ways to pay for the cost of a nursing home:     Long-Term Care Insurance- Long Term Care Insurance is the best option by far.

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Elder Law

What are the exceptions to the Medicaid transfer penalty?

We do a fair amount of asset protection for families with loved ones entering nursing homes and deal with medicaid transfers.  We almost always transfer assets out of the medically needy individual’s name. This generally allows for the preservation of a majority of the assets and allows the medically needy person to qualify for Medicaid.   Most of the time these

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Elder Law

Fear of Losing Control

My job as an estate and elder law attorney brings me into contact with people on a daily basis who have decided to begin their end-of-life planning. As a part of the initial conversation I have with clients, I usually ask what made them decide to do this planning now. After all, many of them have lived 70+ years and

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Administrative Law, Elder Law

Arkansas Medicaid: What You Need to Apply

Helping your parents or other family members enter a nursing home is always difficult, no matter the financial situation. There is the stress of deciding which home is best for your loved one. There is the sadness in seeing your loved one taken away from the home that he or she has come to love. And there is usually some

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Elder Law, Estate Planning

Healthcare Costs during Retirement

In the practice area of Elder Law we often deal with how to pay for the medical costs of our clients. Most of the time people do not call until they are facing a $6,000.00 a month bill from the nursing home. Most people spend a large amount of money on healthcare before they ever enter a nursing home. Although

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Elder Law, Estate Planning

Long Term Care: The Steps to Qualify

It happens often to families today. They have to move a family member into a nursing home and it is never easy. You have to take someone out of their comfortable surroundings and move them into an area that they often do not want to go. Nursing home staff try to do the best they can to ease this transition,

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