Do I need an attorney to setup a Millers Trust in Arkansas?

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Spurjump44 Asked September 2018

Do I need an attorney to setup a Millers Trust in Arkansas?

My wife was diagnosed with Dementia of the Alzheimer's type 4 1/2 years ago. We have spent over $180,000 on various types of care during her 54 month decline. Our combined income is $4100/month. $4000 of that goes for her care in an private home in Hot Springs, AR. By June, 2019 our savings will be gone. Our only asset will be a car worth about $16,000 plus some term life insurance that has no cash value. We do not own a home.

I would like to know If we would be eligible for a Miller Trust. If so do I need a lawyer?

carmen

Financial Planning Paying for Care

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score 0 · Answer 1

Thank you.

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score 0 · Answer 2

https://www.arkelderlaw.com/medicaid-qualification-the-miller-trust-1-of-3/

Applying for Medicaid when there is a Community Spouse involved is NOT a DIY project . IMO, you need an eldercare attorney's help.

Does your wife now need Nursing Home care?

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She needs 24 hr care. She is bed ridden, incontinent, unable to speak or feed herself. I do not know if that is considered Nursing Home care but she is currently receiving excellent care in a private home environment

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score 0 · Answer 3

Thats your combined income. If wife needs Medicaid, part of your income will go for her care. You will not be left indigent. So you need to find out how that will work before you consider a Miller trust.

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Thanks JoAnn. The Department of Human Services has not responded to my application for financial assistance. I would rather be indigent paying for my wife's care than indigent paying a lawyer to find out how assistance from Medicaid works. Don't know where to turn for help.

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score 0 · Answer 4

I would consult an elder law attorney who specializes in Medicaid. He/she will be able to help you this process. It is not something to do on your own.

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Do I need an attorney to setup a Millers Trust in Arkansas?

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