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Company Profile...
AREAS OF PRACTICE Medicaid Planning Medicaid pays almost the entire costs of nursing home care for those who qualify. Regulations pertaining to eligibility are complex and confusing, and many people do not know what to do. They think that they must spend down their assets or purchase an annuity. These actions are often unnecessary. For couples with only one spouse in a nursing home, there are significant financial protections for the spouse who remains at home (i.e., the “community spouse”). An elder law attorney can help you qualify for Medicaid, while preserving as many of your assets as possible. The “Miller Trust” If monthly income exceeds the Medicaid cap (contact us for current income caps), this trust can help you to qualify anyway. Income diverted to such a trust is not considered in determining if you qualify for Medicaid, but it still counts in calculating your co-payment towards nursing home care (i.e., the “applied income”). The trust must contain a Medicaid pay-back provision after your death, if any funds remain in the trust. Estate Planning, Wills, and Trusts These documents ensure that your assets pass in accordance with your wishes. If you want privacy, out-of-state property, or hope to avoid probate, you may consider a living trust. If your estate is large, you may need a family limited partnership or a gifting plan to benefit from the annual gift tax exclusion. Supplemental Needs Trusts (“SNTs”) An SNT is used to insulate assets (e.g., inheritances, personal injury awards, etc.) from consideration by Medicaid. It provides for the beneficiary’s supplemental needs, but not for basic support (i.e, food and shelter). A self-settled SNT is established using the beneficiary’s own assets. A third-party settled SNT is established for the beneficiary with someone else’s assets. The principal of a properly drafted SNT is not considered by Medicaid; disbursements to or for the beneficiary may or may not count as income. Advance Directives These provide a plan for possible incapacity. They include the following: (1) Durable Power of Attorney – you appoint someone to perform certain acts for you even after you become incapacitated; (2) Medical Power of Attorney – you appoint someone to make health care decisions when you cannot do so; (3) Directive to Physicians – you express your wishes regarding life-sustaining medical procedures; and (4) Declaration of Guardianship – you name your future guardian, should one be needed. Guardianships The main reason for a guardianship is to expedite needed medical care, but there are also other reasons. A guardian of the person is responsible for his ward’s health and personal care. A guardian of the estate manages his ward’s assets and is accountable to the court in so doing. A single individual may serve in both capacities. Probate A process whereby matters pertaining to a decedent’s are “proven” in court, and title to assets in the estate passes to the rightful beneficiaries. “Probate assets” pass pursuant to a will or to the law of “intestate succession” (when there is no will). “Non-probate assets” pass by trust or operation of law and are not subject to this process. ATTORNEYS
Wesley E. Wright, a native Houstonian, graduated from the University of Houston and South Texas College of Law. Mr. Wright is Board Certified by the Texas Board of Legal Specialization in Estate Planning and Probate Law and is a Certified Elder Law Attorney by the National Elder Law Foundation. Mr. Wright has been practicing law in Houston since 1982. His practice focuses exclusively in the areas of Medicaid planning, estate planning with an emphasis on the disabled and the use of special needs trusts, probate and guardianships. He was one of the original founders of the Disability and Elder Law Attorneys Association (DELAA) in Houston and served as President of that organization for the first two years. He has served as Chair for the Probate, Trusts, and Estates Section of the Houston Bar Association and was the president of the Texas Chapter of the National Academy of Elder Law Attorneys. He is on the Board of Directors of the National Academy of Elder Law Attorneys and the Editorial Board of the NAELA Journal. He has co-authored a column in the Houston Chronicle called Elder Law Notes and is a regular speaker on Elder Law topics. He also co-authored Save My Home! Saving Your Home, Farm or Ranch from Medicaid Estate Recovery in Texas, a book on Medicaid estate recovery.
Molly Dear Abshire has been licensed to practice law in the State of Texas since 1993 and is Certified as an Elder Law Attorney by the National Elder Law Foundation. She received a J.D. from South Texas College of Law and her B.A. in English from Texas A&M University in 1989. Ms. Abshire has authored professional papers and Houston Chronicle articles, which typically focus on topics such as estate planning, Medicaid planning, elder law and special needs trusts. She is a member of the National Academy of Elder Law Attorneys and currently serves on the Board of the Texas Chapter of NAELA. She has co-authored a column in the Houston Chronicle called Elder Law Notes and is a regular speaker on Elder Law topics. She also co-authored Save My Home! Saving Your Home, Farm or Ranch from Medicaid Estate Recovery in Texas, a book on Medicaid estate recovery.
EDUCATION BAR ADMISSIONS PROFESSIONAL MEMBERSHIPS
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Elder Options of Texas...connecting families and individuals to home care providers, senior living and retirement options, and so much more throughout the state of Texas!
Elder Options of Texas DISCLAIMER: Links to other websites or references to products, services or publications do not imply the endorsement or approval of such websites, products, services or publications by Elder Options of Texas. The determination of the need for senior care services and the choice of a facility is an extremely important decision. Please make your own independent investigation. |
Wesley E. Wright
Molly Dear Abshire
Joy Eckelkamp-Torres
