Month: November 2017

Important Steps to Complete a Medicaid Application

For years, Medicaid has been helping countless people get the care that they deserve. This state-administered program was designed specifically for disabled and low-income U.S. citizens as well as legal aliens to help get the hospital care and doctor services that they need. One of the main ways that Medicaid helps today’s in-need seniors is by helping them with the costs of nursing home care. Long-term care for the elderly and disabled can be extremely expensive, and most people aren’t sure of how to complete the Medicaid application to see if they qualify for this type of financial aid.

However, the process can be more complicated than just merely qualifying or not. This is where the professionals at Hegwood Law Firm come in. We can walk you through every step of the process and represent you and your interests so that you can make the right decision for your situation.


Step 1: Determine if Medicaid is Right For You

Many seniors consider Medicaid when they discover they are unable to cover nursing home care on their own. Before you move forward with your Medicaid application, it is essential to determine if this is the right decision for you and your unique situation.

First, we will walk you through what Medicaid does to assist eligible individuals. We must also address specific asset preservation requirements. Depending on your unique financial situation, your home or other assets may be at risk if you enroll in the Medicaid program. We are here to help you understand how the process works and to help you protect your property during this process.


Step 2: Gather Your Supporting Documents

In addition to filling out an application, you also need to provide a few different supporting documents.

  • Proof of age (birth certificate or driver’s license).
  • Proof of citizenship or resident alien status(limited benefits only).
  • Proof of income (pension award letters, pay stubs, Social Security, etc.).
  • Proof of assets (including most recent statements).
  • Proof of disability, if applicable.

One of the main reasons that Medicaid applications get denied is because applicants do not provide enough supporting documents or the right supporting documents. The actual application is particular about what documents are required, making it easy to determine what will work and what will not. We can help make sure that you have everything in order for your application.


Step 3: Submit Your Application.

You can submit your application via fax, on paper, online or in-person at your state’s Medicaid office. When your application is complete, a caseworker will review your application and determine if you qualify for Medicaid benefits to cover your nursing home care.

With Medicaid coverage, you must go to a long-term nursing home care facility that is Medicaid certified. If you are looking at assisted living communities, Medicaid will not pay for room and board or rent in these communities. However, there are still other programs available that are open to Medicaid beneficiaries which can help with the costs.

Typically, Medicaid applications are responded to within 45 days. If your application is denied, you can appeal. The Medicaid office outlines how to start the appeal process in your denial letter. If the denial was due to a lack of supporting information, they will likely outline what documents you need to re-open your Medicaid application.

If you have any questions regarding the Medicaid application process, visit the professionals at Hegwood Law Firm. We can help answer any of your questions about Medicaid and. Call us today at (281) 845-8538 for more information.

Understanding the Guardianship Process For a Loved One With Disabilities

If you are caring for a loved one with disabilities who is currently under the age of 18, the idea of

them reaching adulthood may seem overwhelming. As their loved one, you likely want to continue being able to care for them and look after them, yet certain laws may make that seem difficult.

The good news is, there are programs in place that are designed specifically with special needs adults in mind, that allow parents, loved ones and caregivers to continue to provide care even when that child turns 18. This is all through a process known as guardianship. Guardianship is a legal means of protecting any adult who cannot take care of themselves or act in their own best interest.

There are many parents who assume that they will be able to continue to act as their child’s legal guardian during their entire life. However, that isn’t the case. Even when a child does not have the capacity to make informed decisions, legally any child, even one with a disability is presumed competent unless otherwise determined. This determination is made after a competency proceeding, otherwise the parent will no longer legally be able to act as their child’s guardian.

There will be a hearing before a judge as part of this process and you will need to present evidence of the need for guardianship. You must also show that the proposed guardian, whether it is a parent, sibling or other loved one, is fit to be appointed and capable of handling these responsibilities and that no one of higher priority is available. For example, in some families, an older sibling or aunt may step in and act as a guardian if the disabled child’s parents are no longer available.

During the hearing, there will be two attorneys involved. One will represent the person asking the court to appoint a guardian and one representing the person being cared for. Witnesses such as the child’s doctor or friends and family may also be called to provide additional information.

Guardianship is a great way for parents to make certain they are protecting their child from those who may exploit them in the future and their inability to make informed decisions. In order to make sure that people aren’t abusing the system and that this legal protection is reserved only for those who truly need it, the process of appointing a guardian can be a bit complicated. The best way to make sure that you are following all of the appropriate steps is to work with a licensed attorney who specializes in this specific type of law.

Special needs planning can seem daunting. However, if you understand what guardianship is and how it works in today’s legal world, you can make sure that you are taking the steps necessary to keep your loved one safe and protected. The expert attorneys here at Hegwood Law Firm specialize in guardianship law and can help you through every step of the process, so your loved one can get the legal protection they need.

Making sure your special-needs loved one has an appointed guardian can guarantee their well-being long into adulthood so they can continue to live the happy, care-free, loving life that they deserve.


Essential Tips for Talking to Your Loved One About Your Estate Plan

Creating an estate plan for you and your spouse can often be a challenge. You want to make sure that your loved ones are taken care of when you are gone, yet discussing this delicate topic can often be both difficult and emotional. However, no matter how uncomfortable, it is essential that you discuss your estate plans with your loved ones before you pass and chances are your loved one will be very happy you did.

  1. Hold Your Discussions in a Comfortable Setting

You need to discuss your estate with your loved one in a setting that is best for you and your family. For some people, who are dividing everything equally, a large family meeting is best. Others who have personal or specifics bequests may want to sit down one-on-one with each family member. There is no wrong way to do it; you just have to do what you feel is right for all parties involved.

  1. Try to Stay Focused on the Topic at Hand

If there are two topics that most people don’t like discussing, it would probably be death and money. Unfortunately, these are two topics that fall under the umbrella of estate planning. There is no handbook for talking about estate planning, but the more straightforward and upfront you are about the topic, the more comfortable everyone will be. It can be easy to feel emotional when talking about a future without you in it, but the less emotional you are, the easier it will be for your loved ones to contribute to the conversation.

  1. Make Sure to Discuss Caregiving

A lot of estate planning comes down to dollars and cents, but there are other topics that you will need to discuss with your family members, particularly related to elder care. Power of Attorneys, money, driving and living arrangements are all categories that need to be discussed. Who is going to make healthcare decisions for you if you can’t? This needs to be addressed early on.

Talking to your children about how they and their siblings should handle caregiving can be a delicate issue, but it is better for your family in the end. You can get some peace of mind knowing that your intentions are clear and that there will be no confusion among your children or family members should they need to make these difficult decisions.

  1. Make Sure to Cover What is In Your Will

There is a misconception among some that the contents of their will should be kept private until they pass. However, discussing your will with your family members can be helpful for all involved so they are prepared and there are no surprises later on. This can be difficult if you have blended households or multiple generations of family members as keeping expenses, responsibilities, and benefits all equal can be a challenge with so many involved. Take your time when making a plan, so you feel everything is fair and then sit down individually, or with groups of family members to discuss your decision.

  1. Remember There is No Wrong Way to Divide Assets

Dividing assets is one of the most delicate parts of estate planning, even more, delicate than dividing responsibilities. Some people emphasize fairness and leave equal shares and to every family member. Others prefer to make one-of-a-kind personal gifts to every child and grandchild, according to what they feel is best. There is no wrong way to divide assets and sometimes family members may be surprised by or not agree with your approach—however, it is always up to you and what you feel is best. If a family member doesn’t agree with you, don’t feel pressured to change your plan.

While discussing topics such as finances and wills can sometimes be uncomfortable, make sure that you take the time to talk about these important topics with those you care about the most. If you ever have questions about estate planning or how to talk to your loved ones about your plans, make sure to consult an expert attorney for advice. The professionals here at Hegwood Law Group are always available to sit down and talk to our clients about the intricacies involved in estate plans.


Preparing an Inheritance for Your Child With Disabilities

When it comes to estate planning, many parents find there are a number of considerations they will need to take in order to make certain their children are being taken care of. For parents who have a child with disabilities, the process can be even more daunting. Most children with special needs require a very specific type of care that only their parents have been truly familiar with for the majority of the child’s life. Most adults fear that their child with a disability will not receive the care that they require once they pass, which is why proper estate planning is so important.


One of the biggest questions that parents of children with disabilities tend to have revolves around inheritances. While an inheritance is a natural part of estate planning, there are a few different reasons that some parents may not want to leave their child with a disability with a standard inheritance. Some worry about others taking that money from their child, while others may want their children to qualify for Medicaid and other specific benefit programs. However, in order to qualify for Medicaid, special needs children cannot have more than $2,000 in their name.

Another approach that some parents take is to disinherit their special needs child and instead give the money to a family member who promises to care for that child. While one solution, it has huge pitfalls and is a solution that needs to be thought out in great detail first.

Special Needs Trusts

The good news for parents with children with a disability is that there are actually trusts available now that are specifically meant for families in this particular situation. This special type of Trust is created as part of your estate plan and can actually dictate that the money cannot be used for necessities like clothing, medication, food, and shelter so that your child will still qualify for the different government programs that they may need down the line. The money can, however, be used for programs and amenities that don’t fall within these government programs such as entertainment, travel, and recreation.

With these Trusts, you can write a specific letter of intent to either a caregiver or even a facility or group home, so it is clearly detailed how the money is meant to be utilized. There will also need to be a trustee that is responsible for overseeing the money in the Trust and of course, you will need to make financial preparations to make certain the trust has been funded.

If your child inherits without a trust, it still may be possible for a disabled individual under the age of 65 to remain eligible for Medicaid even if they get a direct inheritance or similar financial gain. This is allowed only if the gain is placed is a qualifying Trust, also known as a “payback” Trust.  This trust will pay back the state and federal government for any Medicaid benefits that were paid on the child’s behalf before any family will inherit.

While no parent ever wants to think about their child with a disability being in a position where they need to survive without them, it is important to plan ahead for these types of issues with proper estate planning. Here at Hegwood Law Group, we specialize in helping families find the best legal solution needed to make sure their children are getting the financial assistance they require. If you need help getting started, contact Hegwood Law Group at (281) 845-8538 to schedule a consultation and learn more about how these financial solutions may help you and your family.