Medicare 101: Mastering the ABCs of Medicare Planning

As if choosing health insurance under an employer’s plan wasn’t difficult enough, figuring out which type of Medicare plan is best for you is even more confusing. I call Medicare an alphabet because there are 4 parts- A, B, C, and D. Oh, and you might want to consider a supplement too!  

Don’t worry. With a little time and some guidance, you can master the Medicare alphabet just like you mastered your ABCs! 

First, let’s go through the four types and what they cover. 

  • Part A only covers emergency care, such as if you need to stay at the hospital. 
  • Part B covers regular care like doctors visits, bloodwork, and any other testing or treatment that your doctor recommends. 
  • Part C is often referred to as an “Advantage Plan”. It is administered by private insurance companies, just like an employer’s plan.  It includes Part A and B coverage and may include other benefits as well, such as dental, vision, and prescription drugs. 
  • Part D covers prescription drugs. That’s it. 

When you approach age 65, ask yourself what your current health needs are, what family history might impact future healthcare needs, and what type of coverage you are used to receiving.  Then look at your budget. 

Part A is free for those who are eligible through their tax contributions. In 2021, most individuals will pay $148.50 per month for Part B, although the amount can be higher depending on your income.  

If you anticipate that you will need something more than just emergency and regular doctor’s visits, there is another alternative. Consider a Part C “Advantage” plan or a Medicare Supplement (or “Medigap” plan), instead. This plan will provide coverage for those things that Parts A and B don’t, like such as prescription medications, dental, or vision care.  Keep in mind that you still pay co-pays and deductibles on Medicare, so you will want to look at those amounts and not just your premium when considering your budget. 

When thinking about the Medicare alphabet, I have a little way to help me remember what each part covers: 

A is for an Accident that lands you in the hospital 

B is for Bloodwork they do at the doctor’s office

C is for Comprehensive coverage you can get with an Advantage plan

D is for Drugs (They made that one easy!)

Now you know your ABCs….next week I hope you’ll join us when I share my favorite FREE resources to learn about Medicare before you sign up. 

Davidson County Will Attorney: 5 Considerations When Choosing a Legal Guardian for Your Kids

Choosing a legal guardian who can raise your kids if you are unexpectedly incapacitated or pass away can be a daunting and difficult challenge.  There are many things to take into account such as parenting styles and the potential guardian’s ability to love and take care of your children. 

These are just some of the questions we believe every parent should answer before naming a guardian. 

  1. Where will your children live? Many parents desire to keep their children in a familiar environment if something unfortunate happens. It’s not unusual for parents to put instructions in their estate plans regarding the cities or states they want their kids to be raised in if mom or dad passes away. If the geographical location of where your kids will be placed is important to you, be sure to make this known to your Davidson County will attorney when creating your plan.
  2. Are your children familiar with the potential guardian? It is important that your children are comfortable with the guardian you are about to choose for them. If you are selecting a guardian that lives far away, you may want to consider ways to begin cultivating a relationship between your children and the potential guardian before it’s needed. Naming a temporary guardian is also important in such situations. This will ideally be a person that lives close by and can help ease the transition to your kids relocating to their permanent guardian’s home.
  3. Is your potential guardian prepared to care for your children? There are many factors that could fall under this category, but it is important to make sure that your guardian is emotionally, physically, and financially prepared to care for your child/ren. For example, you may want a grandparent to become guardian, but their age and their own financial and/or medical needs may make serving in this role difficult for them. Don’t forget to take their point of view into account when making your selection.
  1. Do any of your children need special care? If you have a child with a mental or physical disability, it could take special knowledge and resources to care for your child. It is important to make sure that the named guardian would not be overwhelmed by this responsibility and that they are prepared to care for your child in whatever way that your child may need.
  2. Have you discussed this choice with your potential guardian? It is very important that you ask your potential guardian if this is a responsibility that they can take on. You will also want to talk about your desired path for raising your child/ren to make sure that you are in agreement and that your wishes will be followed. 

As parents, you spend a lot of time planning the best future for your children. Make sure that your planning includes naming a legal guardian should you become unexpectedly incapacitated or pass away. You should be the one making that decision – not the courts. Schedule a call with our Davidson County will law firm today, so you can have the peace of mind knowing your children will be cared for by the person you want, in the way you want if anything happens to you. 

Heading to College? Get Your Shit Together

From a legal standpoint, moms and dads don’t have a lot of rights after you turn eighteen. But we often rely on our parents more than we realize, something I was jerked into remembering during my junior year of college when I was rushed to the emergency room and soon told that the surgical team was ready for me. Ummmm….can’t I call my mom first???!!!

Fortunately my situation worked out, but as a lawyer, I can’t help thinking about what if I had not been awake to call my parents. What if I needed more extreme medical treatment and couldn’t tell the doctors what I wanted?

This is where you can learn from my mistakes. Get your legal shit together before you head off to college. Or after. But as soon as you can. I will even help you get everything completed by video call.

As a bona fide adult, you need a minimum of three documents in case of an emergency:

Healthcare Power of Attorney– This document allows you to appoint someone you trust to be your health care agent if you ever become incapacitated and unable to speak for yourself.

Financial Power of Attorney– A financial power of attorney allows you to give someone else permission to access bank accounts and act financially on your behalf if an emergency occurs. That means paying bills, completing financial aid or loan applications, dealing with insurance companies, and other ways that, well, adulting sucks. You’ll need to choose whether you want this to become effective immediately or only when you are unable to handle your own business.

Signed HIPAA Form– Now that your parents don’t have access to your medical records, you might want to consider authorizing someone to see them. Often family is a good go-to for all things medical (see: hereditary conditions) but you can name anyone-and everyone- you’d like. Mom, Dad, Brother, Best Friend, Fifth Grade Teacher? If you love them enough to share your blood panel results, then a HIPAA waiver is no biggie.

If you wanna get fancy, you can also sign a FERPA waiver to let your trusted adult have access to your educational record. It’s the grown-up version of the school sending home your report card to show how smart you are. 🤓

These are your documents, so you can name any adult you want to act in case you can’t (or don’t want to). In most cases that’s a parent, but let’s be real. Not all parents are created equal. Sometimes your “trusted adult” is your aunt, your neighbor, or your cousin. Whoever you name, it should be someone you trust with your life and your 💵 bank account.

When you’re ready to start getting your adult shit together, feel free to book a call with us or shoot us a text. The cost for all of these documents together is $500 through our office, and I bet mom and/or dad would even be willing to foot the bill if you show them how responsible you’re being!

Tackling Your Responsibilities as An Estate Executor | Middle Tennessee Will Lawyer

Tackling Your Responsibilities as An Estate Executor | Middle Tennessee Will Lawyer

In life, there are jobs we seek out and others that are given to us. Being named an Executor (or Personal Representative) of an estate is one of the most important jobs one can be asked to hold by another person. It means there is someone who trusts you fully and believes that you will manage their final wishes properly and without conflict.

That’s not to say the job is easy. Again, you were likely appointed to the role of Executor because your loved one felt you could handle any stress or difficult responsibilities that come with the job. 

The good news, however, is that there are ways to prepare in advance so that your life as an Executor is easier when the time comes. Here are some suggestions a Middle Tennessee will lawyer would have you consider:

  • Have the hard conversations now. Meet with the person who is naming you as an executor of their estate and ask them to describe exactly how they wish their estate to be administered. Take notes and make sure you get all the details. Knowing the “why” behind the decisions in the will can help you navigate “gray area” choices if they arise.
     
  • Be organized. The job of an Executor consists of lots of paperwork, bureaucracy, and time maintaining the estate as it goes through the probate process. Set up a filing system, spreadsheets, and bins, so the Executor’s job does not infringe on your everyday life.

  • Get a lawyer. No matter the size of the estate, it is prudent for all involved parties to have a lawyer. At the minimum, have a consultation with an attorney to make sure there is not something you have overlooked. People often think they can do everything themselves only to be caught at the end by taxes or administrative issues.

  • Move quickly once the person passes away. Grief makes people act in unexpected ways, so it is imperative that after the person dies, you move quickly to locate the original final will and file the necessary paperwork with the courts to be recognized as the Executor. At this time, order up to 8-10 copies of the death certificate to save yourself time later. Another uncomfortable thing you will need to do is to secure the assets. All too often, grieving loved ones will go to the home and begin to take items they believe they should have. You will have to be the one who stops this.

  • Be upfront with the heirs of the estate. Make sure they all get a clear understanding of how estate administration works. The process is a slow one, which frequently frustrates family members who are grieving. By giving them an explanation or better yet, having a lawyer do it, they will hopefully have patience with you and avoid conflicts.

  • Know there will be conflicts. Grieving is an individual process, and you will take the brunt of most of that emotion. If money is involved in the administration, the speed at which money is inherited can be infuriating. Heirs becoming angry with you is even more of a probability if any perceived omissions or secret bombshells are in the will. Hopefully, if that is the case, you knew ahead of time and were prepared.

  • Heirloom distribution needs to be deliberate. Once the significant assets and personal items are named in the will, the hard part starts. Deciding who receives the personal items in the home can cause the most conflicts. There is no explanation for the small household items that might have importance to many family members. A sweatshirt, a picture frame, or a dish can hold deep memories that you might be unaware of. Creating an equitable system for if multiple people want an item will ensure this process is done deliberately.

These are only a few ways you can help yourself if you have been named an Executor. If you find yourself struggling with your duties or you have questions and need some advice, we are here to help. To have an appointment with our Middle Tennessee will lawyer, April, schedule an initial call with us today!

Can I Appoint Someone to Serve as Co-Conservator Over My Adult Child with Disabilities? | Nashville Special Needs Lawyer

Can I Appoint Someone to Serve as Co-Conservator Over My Adult Child with Disabilities? | Nashville Special Needs Lawyer

In the majority of cases, it’s a biological parent (or parents) who will apply to become their child’s legal conservator when they turn 18. But even parents will ask us if they are able to appoint an “alternate conservator” or someone else who can help with all required responsibilities and duties.  Most commonly, we are asked by parents of individuals with special needs if they can appoint one of their other adult children, a stepparent, a sibling, a grandparent, or other relative to serve as co-conservator who could have the same legal rights as the main conservator.

Legally speaking, having a co-conservator is absolutely possible, and it’s something we often consider to help lighten the load. However, the parent or main conservator cannot appoint this person themselves.  Instead, the candidate will need to go through a formal legal process with the Tennessee courts where they will petition to serve as a co-conservator. During this process, the court will need to verify that the person is indeed capable of serving in this capacity, and from there, a judge will ultimately approve or deny the request.

When we meet with families to start the process of filing for a conservator over a young adult with special needs, we will typically ask up front if the main candidate for conservatorship wants someone else to serve in a co-conservator role.  In general, it’s easier and less expensive to take care of everything all at one time.  The bottom line is that every family is different, and it’s important to work with an attorney who will help you create an individualized plan that actually works over the long haul.

Here at the Graceful Aging Legal Services, we want parents and caregivers to feel as secure and supported in their roles as possible, as that ultimately results in the best care for the person with special needs.  If you have questions about how to create a Special Needs Plan that takes into account the unique dynamics or challenges in your family, please feel free to contact us at (615) 846–6201 to schedule an appointment.