Medicaid Benefits

Medicaid Benefits

Many Americans get health coverage through Medicaid Benefits year irrespective of their age, gender, ethnicity, and religion. In other words, it is the nation`s public health insurance program for poverty-stricken underprivileged citizens.

The majority of Medicaid enrollees cannot afford any health plans. Thus, they do not get any health insurance from anywhere. However, with states’ help, the Medicaid program finances numerous institutions. These institutions include hospitals, community health centers, nursing homes, and physicians . This helps the underprivileged get proper medical attention. Moreover, it also creates jobs for the locals in the healthcare sector throughout the United States.

This article will share some of the primary Medicaid benefits that people from across the United States enjoy. But, before we dive deep into the benefits, let’s discuss the eligibility criteria:

Eligibility for Medicaid

Anyone can apply for the Medicaid benefits if he or she is meeting the following criteria;

  • Applicant must be a resident of the state in which he or she is applying for the Medicaid benefits
  • His/her financial condition would be characterized as low or an elder law attorney is consulted
  • Must be a citizen of the United States or Green card holder

You may visit your state Medicaid page for further details and ensure certain age and pregnancy status limits. However, the limits vary from state to state.

Primary Medicaid benefits

List of Mandatory & Optional Medicaid Benefits

By federal law, the citizens of the United States have the right to receive mandatory benefits by their respective states. In contrast, the states, if they choose, can cover the optional benefits. Some of the most common Medicaid benefits are:

Mandatory Services

  • Inpatient/Outpatient hospital services
  • Early and periodic screening, diagnostic, and treatment services
  • Federally qualified health center services
  • Laboratory and X-ray services
  • Freestanding birth center services
  • Transportation to medical care

Optional Medicaid Services

  • Prescription Drugs
  • Clinic services
  • Physical/Occupational therapy
  • Respiratory care services
  • Chiropractic services
  • TB Related Services

Segments of Population Who Can Obtain the Medicaid Services

Low-Income Families

Medicaid services are offered to children from low-income families to receive routine and specialized care for childhood development. Moreover, women from low- income families are given prenatal care and costs associated with delivery. Also, qualified members from low-income families receive coverage for unexpected emergency situations

Individuals with Disabilities

Individuals with disabilities entitled to Medicaid Services include speech and occupational therapy of children with autism. It can also be used for helping patients with cerebral palsy. Moreover, it can also be used to cover physician services and medication to HIV/AIDS and patients with mental illness

Elderly Individuals May Receive Help

  • Paying the medical premiums of elderly patients
  • Ensuring the provision of community-based care
  • Assisting the nursing care residents

Elderly Individuals May Receive Help

Conclusion

In conclusion, Medicaid provides comprehensive health coverage for many Americans each year. Especially, those from low-income families. Moreover, Medicaid benefits go beyond acute health care; it also covers the long-term care of millions across the United States.

In case you are eligible to receive Medicaid benefits but cannot apply or have trouble navigating the Medicaid application, please visit our website KaniaElderLaw and let us know about your situation. Our attorney will assist you in the process.

Medicaid Benefits Planning

Medicaid Benefits Planning

Planning is a vital aspect in every sphere of life. With good plans, you can achieve the unattainable. A person deprived of planning is likely to miss out on what he/she aimed to attain in life. Know that if you fail to plan, then you are planning to fail.

Most of us think that our loved ones are healthy, and there is no need to consult a Medicaid Planner. Rest assured that preparing in advance is the key to success. Precisely speaking, the best time to think and formulate a plan is before the actual need arises.

Just like someone can sit in the shade and enjoy the delicious fruits today because someone else planted a tree a long time ago. Likewise, you can enjoy the benefits tomorrow if you make good plans today.

Many families end up paying much more for nursing home costs and other long-term care costs without Medicaid benefits planning. Some even end up selling their assets to bear the costs. Devising plans in advance can help you save your assets and save yourself from the possible psychological agony you might have had without the planning.

Understanding Medicaid Planning

The term Medicaid Planning refers to a myriad of services offered by a wide range of professionals to potential Medicaid applicants to prepare their Medicaid application.

It’s all about assisting the applicant with collecting and preparing their documents and sometimes completely restructuring their assets through the advice of an attorney. If the annual income is over the eligibility for Medicaid criteria, then the attorney may prepare a Qualified Income Trust.

Also, the conversion of excess resources into non-countable assets becomes vital to Medicaid planning and is something a Medicaid planning attorney can do.

Many other challenges can pop-up in the quest for meeting the eligibility for Medicaid; however, a qualified attorney can help you cope with them effectively.

Types of Medicaid Planners

There are many options for you when it comes to choosing a Medicaid planner. However, the most appropriate one depends on an array of elements, such as your finances, health, age, marital status, and above all, the state of residence. Some of the Medicaid planners include:

  • Elder Law Attorneys
  • Eldercare Financial Planners
  • Insurance Agents

Medicaid Benefits Cost

The assistance cost for Medicaid Benefits Planning usually ranges depending on various factors such as income and assets of an individual, marital status, homeownership, and life insurance. It may be a good idea to find an attorney who charges flat fees for Medicaid planning. It is legal and ethical to engage in Medicaid planning, and it is much needed in today’s age when the medical care costs are staggering.

Key Take-Aways

It takes good planning to draft an application that can help you meet the eligibility for Medicaid. To assist with this, you may consult with professional attorneys who can walk you through the whole process.

Our attorney takes pride in assisting families with qualification for Medicaid Benefits. If you are looking for a free consultation, please visit our website.

Living Wills

Living Wills

Whenever we hear about “Wills,” our subconscious mind directs our thoughts towards people’s intentions about their property management and distribution after passing. However, Living Will are not necessarily concerned with one’s property or assets. Living Will refer to the preferences a person has regarding the medical treatment they would like to receive if they are rendered incapable of making decisions independently.

It is a written document that can offer advance directives to guide the doctors or caregivers if or when an individual falls terminally ill. You can also name a person who can make the decisions on your behalf in your best interest. The person you nominate in the Living Will will generally be known by different names in different states such as healthcare proxy, healthcare surrogate, healthcare attorney-in-fact, patient advocate, etc.

Now you don’t need to become old before deciding to write a Living Will. You never really know how tomorrow will treat you, so it’s always better to make a living will in advance and have all your preferences written down to help doctors and caregivers respect your wishes.

Who Can You Choose as A Healthcare Agent?

It is crucial to choose a healthcare agent for emergencies and healthcare issues as the future cannot be anticipated. There might arise circumstances when someone has to make a sound judgment about your medical care. For these situations, you can nominate anyone as your patient advocate who meets the following criteria;

  • The state’s criteria for a healthcare agent (this varies from state to state)
  • Not be a doctor or part of your medical team
  • Able and willing to discuss the medical care and end-of-life issues with you in length
  • A trustworthy person who can make decisions conforming with your values and wishes
  • Can advocate your wishes if any disagreement arises regarding your medical care

Possible End-OF-Life Care Decisions

Some of the possible end-of-life care decisions that you may address in your Living Will are:

Cardiopulmonary Resuscitation (CPR)

CPR is a service which restarts the heart once the heart stops beating. It should be discussed whether and when you would like to be resuscitated by CPR.

Tube Feeding

This helps supply the body with nutrients when a person cannot eat on his/her own. Decide when and for how long you prefer to be fed in this manner.

Dialysis

Dialysis is conducted to remove the waste from the body. List your intentions regarding dialysis.

Mechanical Ventilation

When a person is unable to breathe on his or her own, the mechanical ventilator helps the body breathe. Mention when and for how long you want to be placed on Mechanical Ventilation.

Organ Donation

If you have an opinion regarding donating the organs or tissues from your body, talk about it in your Living Will.

It is recommended to consult a qualified living will attorney before making one. Collaborating and communicating with a living will attorney can help you make sure that the right clauses and verbiage are used in the living will.

Conclusion

It can be baffling to draft a will, living will, power of attorney, last will and testament, trust, etc. for any layperson. However, our living will attorney for Kania Elder Law can help you take the right measures, helping you minimize the risk of having your desires ignored or unknown.

Visit our website, connect with professionals, and discuss your issues without paying a single dime for our free consultations.

living trust

Things You Need to Know About Living Trusts

When someone makes a will, it comes into effect when that person passes away. However, managing the estate while living is also possible through a living trust and a living trust attorney.

Understanding Living Trusts

A living trust is a legal document . A designated person, also known as a trustee, is given the responsibility of managing the grantor’s assets for the benefit of the beneficiary or beneficiaries.

A living trust attorney can tell you more about its benefits; however, some of the most distinctive benefits that a living trust offers are:

  • Avoids Probate
  • Potentially Saves You Money
  • Provides Privacy
  • Ties strings to funds so people don’t receive funds outright once the Grantor passes

Avoids Probate

A living trust helps you avoid the probate that usually occurs when an individual dies, even if the deceased has written a will. Formal probate in Florida can take a year and requires involving the Court. The waiting time can vary from months to even a year before the distribution of assets takes place.

Saves You Money

Although drafting a simple will is more cost-effective than drafting a living trust, estate planning that includes the creation of a revocable trust may save money in the long run by avoiding probate costs. The creation of a “pour-over will” should be included in estate planning where a living trust is drafted for assets that do not make it into the name of the trust before the Grantor’s passing. Since comprehensive estate planning saves on the money that one pays during the probation process, your heirs may benefit financially from your living trust more than just a simple will, depending on associated fees.

Provides Privacy

Since a living trust helps you avoid probate, that means generally your estate is not made public. All the affairs of your living trust are not public records like in probate. Thus, the details pertaining to your assets, your estate’s value, and beneficiaries’ details are generally kept out of public records. A qualified living trust attorney can help you protect your estate and your privacy.

Most things with monetary value can be placed into a living trust, however your attorney will be able to advise you which assets should be placed into the living trust and which may have tax consequences or other issues. Be sure to consult your attorney.

Types of Living Trusts

Let’s discuss the two types of living trusts, i.e., revocable trusts and irrevocable trusts.

Revocable Trusts

This is the most common type of trust. Generally, a revocable living trust can be changed anytime by the Granter, while the Grantor has capacity. Although it may not be an easy and quick job to change a living trust, it is possible, and this flexibility makes revocable living trusts popular among people.

Irrevocable Trusts

Even if the Granter feels like changing the trust down the road, he or she cannot. If you would like to know more about living trusts, please visit our website and consult with our qualified living trust attorney, who can help you understand all the ins and out of living trusts.

Probate Processes

How to Avoid Probate in Florida?

People in the United States seem to dislike dealing with the probate processes more than a hangnail. Primarily because the process is stressful, expensive, and above all, time-consuming.

Under this process, all the following parties can become relevant: the government, family, friends, and creditors. Ultimately, squabbling between parties can lead to chaos and confusion, which in turn delays the process. In Florida, it can take a year to settle probate and transfer the estate to the legal heirs.

Understanding Probate

It is a formal process for settling the estate under a court’s supervision after a person’s death. Whether or not there is a Will, probate will happen unless the decedent engaged in estate planning that included a trust. A professional attorney’s advice regarding probate avoidance is something everyone should consider.

Why do People want to Avoid Probate?

There are a myriad of reasons that make people want to avoid Probate. Some of those reasons may include:

Expense

Probate requires someone’s estate to pay for several things, including the attorney’s fee, court fee, Personal Representative’s fee, and potentially appraisal fees.

Time-Consuming

The whole Probate process takes a fair amount of time before coming down to a conclusion, often leaving the involved individuals stressed and exhausted. Moreover, it demands paperwork filing since the court oversees the activities, and everything must be well-documented.

Embarrassing

Probate involves the court and can expose things the person who passed would rather have kept private such as the value of the estate, beneficiaries, and other conditions related to the inheritance.

Probate Avoidance Strategies

Many legal solutions could be employed for transferring the ownership of assets in a way that helps you avoid the probate process.

Gift

By making a gift to someone before you die, you can avoid the probate process. However this method is not generally recommended. Please seek the advice of an attorney.

Living Trusts

All the assets, be it bank accounts, investments, or real estate held in a living trust, are exempted from the Probate.

Joint Ownership

If an asset is jointly owned by someone who has the “right of survivorship,” it automatically avoids Probate. The estate shall be transferred to the surviving owner upon the owner’s death.

Payable on Death Designations

Most states allow you to add a “payable on death” designation to bank accounts. As long as you live, those funds are totally yours, but once you pass away, your beneficiary can claim the funds from the bank without going through the hassle of Probate.

Key Take-Aways

Now that you have gained an insight into the strategies used for avoiding Probate, you can protect your loved ones from the delays, cost, and stress of Probate. For more details, please visit the Kania Elder Law website and discuss your concerns with our probate attorney.

Health Care Surrogate

Health Care Surrogate

Family health care planning is pivotal in today’s fast-paced environment. This ensures swift and appropriate care for family members as soon as the need arises. Everything around us is evolving; no one can predict how the next moment will turn out, making it essential to appoint a health care surrogate.

A health care surrogate designation is a legal document that allows a person to become your surrogate under the unforeseen circumstances of an individual becoming incapacitated. In some states, if you give him the authority, he can even act on your behalf, even if you are not incapacitated.

Also, the designation permits your health care to discuss your medical condition with the doctors, handle your medical care-related issues, and make decisions on your behalf when you cannot make any sound judgment due to mental or physical illness.

How to Choose a Health Care Surrogate?

Choosing the best surrogate requires you to take several considerations into account, such as:

Location

The health care surrogate must be available when the need arises, else the whole point of appointing a health care surrogate is in vain. The location of the individual who you want to nominate as your health care is imperative. Ideally, select someone who lives in the vicinity and can rush over to your bedside in the case of an emergency.

Dependable

If you choose someone as your surrogate, he must be trustworthy, honest, and dependable. Cherry-pick someone who will value your wishes even under pressure.

Physically & Mentally Sound

Since the position is all about making complex and sensitive decisions regarding your medical care, the Health Care Surrogate must be physically and mentally sound.

Perseverance

A person with a faint heart cannot execute the duties of a health care effectively. One should be persistent and unwavering when it comes to healthcare-related tough decisions.

Willingness

This is the most crucial aspect that you need to consider while picking a Health Care . The individual must be willing, ready, and available to help you.

While picking a health care surrogate, keep the feelings and emotions at bay and choose a competent individual instead of making an emotionally-driven decision.

Share Your Wishes with Your Health Care Surrogate

It is better to talk to your health care surrogate and let them know about your medical and end-of-life wishes. In case they are unaware of your intentions, they will decide what they find to be in your best interest.

Failure to Execute Could Be Risky

If you don’t appoint any health care , the consequences could be unwanted for you and your loved ones. In the absence of a Health Care, the court may appoint an individual who will decide your health and treatment. Imagine a stranger deciding for you regarding critical medical and life care. Does that sound like something you’d want?

If you would like to know more about the process of choosing a health care, consult with our professional attorney, who will guide you thoroughly through one of the most crucial decisions of your life. For more information, please visit the Kania Elder Law website and discuss your concerns with our attorney.

Formal probate

Formal Probate

Formal probate is a process that involves the transferring of the property and assets of the deceased person to the heirs and beneficiaries, as stated in the final Will or under state statute. It can often include complicated issues, including but not limited to challenges to the Will, disputes between beneficiaries or heirs, and occasionally issues with the actions of the Personal Representative.

Anyone with a legal interest can request the court to open formal probate. This may include the creditors, personal representative, spouse, and beneficiary or heirs.

With the filing of the petition and original Will, if one exists, formal probate begins. The judge’s responsibility is to appoint the personal representative, decide the Will’s authenticity and validity, and determine the beneficiaries. However, unlike informal probate, it takes quite a long time for formal probates to settle. Moreover, it can be long and expensive to heirs or beneficiaries and sometimes turns into litigation.

When Do You Need to Use the Formal Probate Process?

If you come across any of the following situations, you must file a petition to carry out the process through formal probate rather than opting for informal probate;

  • when assets are over the limit specified in Florida
  • when a Personal Representative is required (for example in the case of a settlement)

If you need to open formal probate, the first step should be consulting with a probate attorney from a probate law firm.

Separate the Non-Probate Assets

Not all assets go through probate. The distribution of these non-probate assets? takes place after the death of the person. Some of the most common non-probate assets include;

  • Assets held in a trust
  • Jointly held property, if held with “rights of survivorship.”
  • Life insurance proceeds that are “Payable on Death (POD)” or “Transfer on Death (TOD)”
  • Funds in accounts held as “Payable on Death (POD)” or “Transfer on Death (TOD)”

All the processes involvedin the form al probate are intimidating for a non-probate lawyer. Hence it is recommended to consult with probate attorneys, who can help you understand the process and make it easy for you. For more details, please visit the Kania Elder Law website and discuss your concerns with our probate attorney.

Family Probate

Family Probate

Probate refers to the court-supervised proceedings to control the deceased’s property and transfer assets to the rightful heirs. The specifics of family probate vary from state to state. But the objective remains the same. It is to determine the heirs, validate the final will or determine heirs at law, and transfer the estate as per the grantor’s wishes and intentions or under state statute.

The crux of family probate is to transfer property ownership from the person who passed to the beneficiaries.

Even if someone leaves a final will, probate processes cannot be avoided. There are two common terms used when family probate is under consideration. Testate is a term for when the deceased leaves a will for the assets’ final settlement. Intestate is a term for when the deceased doesn’t leave any will behind.

The ultimate goal of probate processes revolves around figuring out the legal beneficiaries. It also focuses on claim handling, and deciding how much is to be transferred to whom under the supervision of the court.

Family Probate Processes

Whether there is a will or not, family probate processes will be needed if assets are stuck in the name of the dead person . In both cases, the process is time consuming. Therefore, it is best to draft a trust during estate planning among other things, to avoid the probate process and make the asset transferring process private.

Documentation

A probate process leads to the creation of many documents. An attorney can help you draft and provide these documents.

Filing A Petition

Filing a petition is a process of informing about the grantor’s death and requesting to begin the probate process. The interested party in the estate files the petition.

Proving the Will

A will is a valuable probate document. Proving the will requires the witnesses to testify to the will`s authenticity, since the will is not self-proving. Some areas the witnesses may testify about are the person’s sound-mindedness when he drafted the will or the will’s execution. These areas help determine the will’s validity.

Testamentary Letters

After the will is validated, the court appoints the estate administrator (known as the Personal Representative in Florida or Executor in other states). The Personal Representative will have to answer to the court for any mishandling of responsibilities.

Publications

Notification to creditors are mandatory during probate proceedings. This gives creditors a chance to collect. Speak more with an attorney on this issue. Visit our website and schedule an appointment for a free consultation.

Distribution of the Estate

Once required estate bills are paid, other obligations are met, and the court approves, the Personal Representative/Executor may distribute estate assets to the rightful heirs or beneficiaries

Key Take-Aways

If you are looking to speak with a trained family probate attorney, visit our website and schedule an appointment for a free consultation.

Family Asset Protection

Family Asset Protection

Earning money may be hard but protecting the hard-earned money is an even more taxing practice. It is paramount to know all the drills about protecting wealth ethically and legally. All you earn and save in your life is for your family’s well-being. Overlooking the family asset protection strategies is likely to cause your efforts and earnings to go down the drain.

There are a number of risks with your wealth that are prone to expose your assets to creditors. These creditors can can seize your personal and business-related assets. With proper estate planning, you may be able to minimize this risk and put your assets into legally-protected vehicles to successfully safeguard your wealth and transfer them to your kids down the road.

One significant part of family asset protection lies in forming strategies to be eligible for certain government-based benefits such as Medicaid and veteran benefits.

Retitling the Assets

Transferring the ownership of your assets is one of the most common yet effective ways for preserving family assets. The property or wealth which you don`t own can be exempt from creditors and other lawsuits. Speak more about this directly with an attorney to avoid any potential fraud.

In many cases, the spouse receives the property. That’s fine up to some reasonable extent but consulting an asset protection attorney is critical. If a lawsuit has already been filed against you and you are found transferring the assets, it will likely be deemed fraudulent. In this case, there are chances are the court will give its verdict in favor of the creditors.

Insurance

In a world full of uncertainties, it’s vital to be proactive and make plans for your family’s well being through the use of insurance. Insurance offers family asset protection in a myriad of ways, and there exist several insurance options that you can opt for to help ensure the preservation of your estate.

You can cherry-pick some of the insurance types depending on the kind of protection you want.

Irrevocable Trusts

One of the most trusted choices for family asset protection lies in drafting irrevocable trusts. Upon transferring the assets to the irrevocable trust, the property can be exempt from exposure to lawsuits.

Once you create an irrevocable trust, you won’t be in a position to alter the trust instruments down the road. However, if the intention is to deceive the creditors, the court can make the liable party subject to severe penalties. Thus, consultation an asset protection attorney is critical to avoid unwanted consequences.

Key Take-Aways

If you don’t plan well or you avoid consulting a qualified asset protection attorney, you may not be preserving your hard-earned wealth as well as you could.

Our asset protection attorney can assist you with your endeavors concerning family asset protection. Visit our website Kania Elder Law and let us know about your preferences.

Elder Law attorney

Elder Law

Blessed is the society that has elders. However, today’s society is prone to value the youth more than its elders. The same is the case with their wishes, intentions, and well-being. It’s simply not true that retiree is free from all worldly worries. On the contrary, with time, the glitches and hitches increase manifold, jeopardizing senior citizens’ lives. Elder Law helps prepare older adults for financial freedom and autonomy via appropriate financial planning and long-term medical care options.

Understanding Elder Law

Elder Law covers several legal and practical issues affecting older people, their loved ones, caregivers, and family members. Some of the most common issues addressed in Elder Law include health care, end-of-life, elder abuse, financial planning, and estate.

Elder Law attorneys work primarily with senior citizens and their loved ones and help them cope with various old age issues related to health and wellness, housing, financial stability, and long-term medical care. In addition, the Elder Law attorney can also assist family caregivers by advising them if they can take care of their elders.

The three significant categories encompassing Elder Law are;

  • Estate Planning
  • Medicaid/ Long-Term Care Planning
  • Guardianship

Estate Planning

Estate planning involves deciding the beneficiaries when the person passes away. In simple words, it is the process of selecting the person who will ensure the appropriate distribution of the estate. Also, estate planning involves weighing options related to avoiding the probate process, coupled with minimizing the taxes. Moreover, an Elder Law attorney guides the individual on alternatives and helps write final will , advance medical directives, and power of attorney.

Choosing a well-versed Elder Law attorney is critical to safeguard the family’s assets and avoid the probate process. These processes can takes years to settle, bringing financial burden on the family members. However, you can avoid such undesirable consequences by planning in advance.

Medicaid/ Long-Term Care Planning

This section of Elder Law is about the services required for older people to live safely and soundly when they cannot care for themselves. Long-Term Care Planning may include options for help at home or consideration of nursing homes and assisted living facilities. Long-term health insurance as well as Medicaid and VA benefits are also taken into consideration for comprehensive long-term care planning. Moreover, an Elder Law attorney can help older people plan according to preferences concerning health and end-of-life.

If an elderly person or other person requiring Medicaid benefits failed to plan for long-term care, an Elder Law attorney can help them apply for Medicaid even in crisis.

Guardianship

If a person becomes incapacitated and needs help with his or her financial or medical decisions or both, the responsibility falls on the court to appoint a guardian. The guardian can make decisions on behalf of the Ward, and all the guardian’s decisions must be in the best interest of the incapacitated person. The Elder Law attorney can bring a guardianship case in front of the court with a petition for a determination of incapacity and appointment of guardian. During the hearing the attorney should present any known alternatives to guardianship known to the Petitioner, nominated while the incapacitated person was mentally or physically stable.

Key Take-Aways

An Elder Law attorney is proficient with providing advice to family caregivers’ questions when a loved one needs help. Choose wisely and timely an adept Elder Law attorney to say bye to tomorrow’s ceaseless complications.

Our Elder Law attorney has the requisite experience and knowledge to advise aging clients. Land on our Kania Elder Law website today and let us help you right away.