As the American population ages, more and more families are seeking nursing home care for their older members who are no longer able to live on their own. But nursing homes are extremely expensive and many of those who need the care they provide simply can’t afford it without government assistance. A problem often arises when people who need nursing home or other long-term care have too much income to qualify for Medicaid (ALTCS), but too little to be able to afford the expense of a nursing home. If you or someone in your family is in this situation, don’t despair; there may be help available. You should consult an experienced Phoenix Miller Trust lawyer to learn whether you qualify for a Miller Trust.
In Arizona, the Phoenix elder law attorneys at Gorman & Jones, PLC offer knowledgeable legal advice and assistance to clients in Phoenix, Scottsdale, Sun City, and the surrounding area. We can guide you through the process of exploring your options for obtaining Medicaid benefits in order to get the care you need, even though your monthly income exceeds the program’s qualifying requirements.
If you are in this type of situation, Arizona law allows you to create a trust fund known as a Miller Trust where some your income is deposited. A Miller Trust is also known as an Income-Only Trust, Income Cap Trust, or Income Assignment Trust. The income that goes into the trust is then excluded from the qualifying guidelines. Payment for your nursing home copayment and other medical services or personal items can be made from the trust. The Miller Trust will also be able to pay a monthly allowance to your spouse. When the Miller Trust beneficiary dies, any money remaining in the fund is then paid to Medicaid.
Whether it is for yourself or a member of your family, a Miller Trust can make elder care available to those who need it, reducing the costs the family would incur without Medicaid assistance. Ask your Phoenix Miller Trust lawyer if creating a Miller Trust could provide you with a viable strategy that would enable you or your loved one to obtain needed care.
At Gorman & Jones, PLC, we are committed to providing excellent service and counsel to our older clients and their families to enable them to live out their lives in comfort without excessive hardship on their families. With nearly 30 years of combined elder law experience, we know how to use this strategy to make the system work for you when you need it most. We welcome the opportunity to meet with you to discuss your specific situation and your needs and together we will explore the options that are open to you. We offer a free consultation, which you can schedule at any one of our offices conveniently located throughout the area in Phoenix, Sun City, Sun City West, and Scottsdale. Contact us online or by calling 602-388-1623 today.