Similar to estate planning testamentary formalities, you must comply with the statutory formalities required for DNR Orders. You must sign your DNR-OOH Order in front of at least two witnesses. If you are unable to sign the document and authorize someone else to sign it on your behalf, the third-party signing agent must do it in front of at least two witnesses. In some circumstances, you may also be able to sign in front of a notary if you cannot find two witnesses, but the notary may not be … [Read more...]
OOH-DNR Orders in Texas: Part 2 of 3
In the last blog, we discussed why you would want to draft an OOH-DNR or Out-of-Hospital Do-Not-Resuscitate Order as part of your estate planning documents. Now, we will cover what is necessary to create a valid order. First, you must be at least 18 years old to create a valid OOH-DNR Order and be mentally competent, which requires you to be of sound mind when signing and creating the document. At the very least, you should be able to understand that what you are signing and its implications. … [Read more...]
OOH-DNR Orders in Texas: Part 1 of 3
Also known as “Do Not Resuscitate” Orders, DNRs allow you to order doctors or other hospital personnel to withhold treatment in certain situations. Talk to our office about making a DNR Order a part of your estate planning documents. Texas recognizes In-Hospital DNRs and Out-of-Hospital DNRs. Although similar, Out-of-Hospital DNR Orders direct nonhospital staff, including emergency medical personnel. Typically, emergency medical personnel refer to paramedics and hospital emergency room … [Read more...]
Gifting and Medicaid
If gifting is part of your estate plan, then you need to make sure that you have also considered how those gifts might influence your ability to qualify for Medicaid. It will depend on your medical situation when you gave the gift, who you gave the gift to and when you made the gift. The general rule is that transfers made 5 years before you need Medicaid do not disqualify you. However, transfers made after that do. An exception often exists for charitable gifts. Other gifts often need to be … [Read more...]
The Medicaid Program in Texas
Medicaid is a federally funded health insurance program for low-income and elderly individuals. Unlike the Medicare program, the Medicaid program is income-based and reserved for certain groups of individuals with limited means and resources. Medicare is age-based and does not depend on an individual’s income. Medicare is available to U.S. citizens and other legal residents who are at least 65. In Texas, residents with limited means may qualify for Medicaid insurance if disabled, blind or at … [Read more...]
Planning for Long Term Care
Long term care in a nursing home can be very expensive. If you do not plan properly, you can lose most of your assets before Medicaid will start paying for your care. Because you do not know whether or not you will need it, planning for the possibility of long term care should be a part of your overall estate plan. You have several options to plan for long term care. In Texas, you even have a unique option that is not available in most other states. In Texas, you can use a particular type of … [Read more...]
Why is Incapacity Planning Important?
Life can turn on a dime without any warning, and things can rapidly change without you even realizing it is happening. One day you could be just fine and loving life, and the next day you could be lying in a hospital bed clinging to life. Yes, it can happen that fast – even faster in some situations! What do you do, though? While you can’t prevent things from happening because it is, after all, unexpected – you can put some plans into place. Incapacity planning, believe it or not, is an … [Read more...]
Tips for Medicaid Estate Planning
Many people get Medicaid confused with Medicare, but there are many distinctions between the two programs. Medicaid, simply put, is a medical assistance program that's designed for disabled persons and low income, older people. It can also cover younger people who are receiving welfare from the government. Medicare, on the other hand, offers identical benefits to anyone enrolled regardless of their income level. Medicaid is actually managed by the individual states, so eligibility … [Read more...]
Talking With Your Parents About Alzheimer’s Disease
Talking with your parents about disability planning can be almost as difficult as talking with them about estate planning, but it is just as necessary. Disability planning should be a key element in your parents’ overall estate plan. There are a number of conditions that could cause an elderly person to become disabled, but one of the most common, and dreaded is Alzheimer’s disease. A very large percentage of people with dementia suffer from Alzheimer’s disease. Though this does not mean that … [Read more...]
Medicaid: Separating Fact from Fiction
There’s a lot of information floating around about Medicaid, particularly when it comes to paying for nursing home care. Some of the information is reliable, while some is not accurate at all. So, how do you know which information you can trust? Get the facts from a trusted expert, like an experienced and qualified elder law attorney. Below are three myths surrounding Medicaid, along with the corresponding facts: 1) You can simply transfer your assets to your spouse and qualify for … [Read more...]
