Estate Planning 

Estate planning involves having the proper legal documents in places to ensure that your wishes are followed when hard times occur. By having your affairs in order, you can prepare for the future and enjoy peace of mind in the present. At Miles Elder Law, we can assist you with estate planning documents such as: 

• Durable power of attorney for financial purposes 
• Durable power of attorney for health care 
• Living Will 
• Health Care Directives 
• HIPAA Authorization 
• Last Will and Testament 
• Revocable Living Trust 
• Irrevocable Trust 
• Beneficiary Deed 

What is probate? 

Probate is a court-supervised legal process. If you pass away with property or assets owned solely in your name, with no beneficiary assigned to receive the property after your death, that property will usually need to go through a probate process to determine who inherits it. Most people want to avoid probate because it can be a costly and lengthy process. Strategies to avoid probate can include beneficiary designations, a trust, and some forms of joint ownership. 

What is a Will? 

A Last Will and Testament is a document that provides instructions to the probate court. In a Will, you appoint an executor of your probate estate and also set forth who will inherit probated property after you pass away. Importantly, a Will is also a document in which you can appoint a guardian of your minor child in the event you pass away before your child reaches adulthood. 

What is a trust? 

A trust is a legal entity that can hold property and assets, and provide for the distribution of those assets according to the terms of the trust. Assets placed in a trust do not need to go through probate to be distributed to heirs. A trust can provide customized instructions and protections for your loved ones with respect to their inheritance. 

What are powers of attorney? 

Powers of attorney are legal documents in which you appoint someone else to make decisions on your behalf, in the event you experience serious illness or injury. There are two types of power of attorney documents: one for financial or property purposes, and one for health care purposes. By having powers of attorney in place, you ensure that someone has legal authority to make decisions and conduct transactions on your behalf should you become disabled, and you decide who will have the authority to make those decisions. 

What are health care directives? What is a living will? 

Health care directives and living wills are legal documents that delineate what your wishes are regarding medical treatment, in the event that you experience a serious or terminal condition and are unable to make decisions for yourself.

Long-Term Care and Medicaid Planning 

Long-term care is vital when needed, but also can be costly. Fortunately, Medicaid has a program that can assist with paying for long-term care. In order to qualify for Medicaid, an applicant must satisfy various eligibility requirements, which include meeting certain income and asset thresholds. 

Accessing Medicaid to pay for long-term care can be particularly important when the person who needs care is married, in order to preserve assets for the community-dwelling spouse. In the case of a married person who needs long-term care, Medicaid requires a Division of Assets to be completed and also requires that certain financial criteria be met in order for the spouse that needs care to qualify for Medicaid. 

The rules governing Medicaid eligibility are complex and navigating these waters can be difficult. At Miles Elder Law, we are well-versed in the rules of Medicaid and can assist with Medicaid planning, applications, and strategies to preserve assets.

Veterans Benefits Planning 

The U.S. Department of Veterans Affairs offers several programs and benefits for veterans and, in some circumstances, for their surviving spouses. One such program is a special monthly pension called Aid and Attendance, which is a benefit that can help pay for long-term care.

Aid and Attendance is available for wartime veterans and/or their surviving spouses. In order to qualify for this benefit, one must meet various eligibility requirements. The VA considers assets, income, and unreimbursed medical expenses when determining if an applicant qualifies for Aid and Attendance. It is important to know that no one can charge a fee for assistance with completing an application for VA benefits. 

Katie Miles-Langford is a VA-accredited attorney who can provide education and planning  for VA benefits. In addition to providing guidance regarding Aid and Attendance, she can also assist veterans in appealing denials of service-connected disability claims. 

Supplemental Needs Trusts

Planning for a family member or child with a disability may include the use of specialized trusts. Supplemental needs trusts, also known as special needs trusts, are a legal vehicle to give or leave assets for the benefit of a person with a disability while making sure that specific protections are in place.

Government programs, such as Medicaid and Supplemental Security Income, offer important benefits to individuals with disabilities. However, these programs are complex and they do have income and asset thresholds. Special needs trusts can be utilized to give or leave assets for the benefit of a person with a disability, without over-resourcing him or her for public benefits or jeopardizing eligibility for these programs. At Miles Elder Law, we can counsel you on your options and help you implement a customized plan that is right for you and your family. 

Guardianships

In some circumstances, family members or others may seek guardianship of a person with a disability. For example, in certain cases, parents may seek guardianship of their child who has a disability and who has reached adulthood. In other cases, family members or others may seek guardianship of an adult who has experienced serious illness or injury and who needs protection. 

A guardianship occurs when a court determines that a person is unable to care for himself or herself and appoints another person with legal authority to make decisions on his or her behalf . A conservatorship occurs when a court determines that a person is unable to manage his or her own financial affairs and appoints another person with legal authority to manage his or her finances. Guardianships and conservatorships are established and maintained through legal proceedings in the probate court.

Probate and Trust Administration

The days, weeks, and months after someone passes away are difficult times, to say the least. Often loved ones have several questions and concerns relating to the distribution of assets and other such “business” matters. 

Sometimes property and assets of the deceased person pass to heirs through non-probate transfers, such as through a trust, beneficiary designations, or joint ownership. If non-probate transfers have not been arranged, loved ones will usually need to utilize the probate court system in order to administer property of the deceased. If the deceased had a trust, the trustee will need to administer the trust according to its terms and Missouri law. 

At Miles Elder Law, we are here to guide you through these times and to assist with the administration of the probate estate and/or trust estate of your loved one. 

Elder Law

Elder law is an area of law devoted to serving a particular population, rather than addressing a specific legal issue. As an elder law attorney, Katie Miles-Langford is an advocate for older adults as well as people of all ages who have a disability. 

Because the costs associated with long-term care are so high, one focus of elder law is guiding families about long-term care payment options. Medicare will pay for a rehabilitation stay after a qualifying hospitalization, but will not pay for long-term or custodial care. Long-term care can be paid for by private pay, by long-term care insurance, or by public benefits, such as benefits available through Medicaid or the VA. Medicaid has a program which pays for skilled nursing care for individuals who meet eligibility requirements. The VA’s aid and attendance pension is a benefit for wartime veterans and their surviving spouses and can help pay for long-term care in various settings, including home care, assisted living, and skilled nursing. 

Another focus of elder law is to assist individuals with legal documents through which they appoint other people to act on their behalf in the event they experience illness or injury. For example, a person can appoint someone to make financial transactions on his or her behalf by executing a durable Power of Attorney for finances and can appoint someone to make medical decisions on his or her behalf by executing a Health Care Power of Attorney. 

Elder law also involves helping people plan for a loved one who has a disability. This may mean helping someone establish a trust to benefit a family member or friend who has special needs. It may mean helping family members or others obtain a guardianship of a loved one who is unable to provide care for himself or herself.  It may mean providing guidance and education about public benefits, such disability benefits through the Social Security Administration (including Social Security Disability Insurance and Supplemental Security Income) and Medicaid. Importantly, it may also mean connecting people with community resources to help meet the needs of their unique situation.