Family as Caregivers: No benefits and no resources...

Unfortunately, not every family member or friend for whom care must be provided may have independent resources.  In fact, this can be immensely distressing in the event of need for medical care.  Though the Affordable Care Act (ACA) has extended certain benefits and privileges to sectors of America that in years past had no access to healthcare, it does not mean that everyone has either taken advantage of the health insurance marketplace or were able to.  Indeed, in Texas, as there was no expansion of Medicaid, there are many Texans who remain without insurance coverage.  That being said, what do you in the event of needed medical services for a loved one who has no health insurance, no resources or benefits, or limited resources or benefits? Here are a few suggestions:

1. Find a Health Center near you.  A health center provides health and dental care to people of all ages, whether or not they have health insurance or the money to pay for health care.  The US Department of Health and Human Services maintains a database of such health centers: http://www.hrsa.gov/gethealthcare/affordable/index.html  
2. Early Childhood Intervention.  For a baby or young child who may have intellectual or developmental disabilities, the Department of Assistive and Rehabilitative Services (DARS) has a program called the Early Childhood Intervention.  Call or Visit: DARS Inquiries Line at 1-800-628-5115 or https://dmzweb.dars.state.tx.us/prd/citysearch to learn more.
3. Ask if reduced or no fee services are available.  Consider public or non-profit hospitals and clinics who offer repayment plans and/or reduced fees for low-income patients.  Some private hospitals offer such reduced fee or no fee services as well.  In fact, some private hospitals are required to offer such services called Hill-Burton Free or Reduced-Cost Care.  In 1946 Congress passed legislation that gave grants and loans for construction to various kinds of health facilities.  Though the program stopped providing funds in 1997, about 150 healthcare facilities nationwide are still required to provide free or low-cost care. To locate such a facility, follow this link: http://www.hrsa.gov/gethealthcare/affordable/hillburton/facilities.html .
4. Resources for HIV/AIDS.  The Ryan White HIV/AIDS Program assists low-income individuals diagnosed with HIV/AIDS who do not have health insurance.  Assistance includes healthcare and some other services.  To learn more, visit: http://hab.hrsa.gov/gethelp/index.html
5. Get to know a social worker.  Hospitals, nursing homes, agencies like MHMRA, all have social workers who navigate the system of healthcare, insurance, public benefits, and placement.  Finding a social worker at a facility near you (ideally, one that provides care for your loved one) can be a valuable asset as a care provider.
6. Find a home health agency. Sometimes a family member or loved one requires additional treatment or attention beyond what is offered at a hospital or out-patient facility.  A home health agency provides healthcare for an on-going injury or illness in the home.  Not every home health agency is made a like.  The Centers for Medicare and Medicaid Services (CMS) has developed a checklist to help in the selection of a home health agency: https://www.medicare.gov/what-medicare-covers/home-health-care/Home%20Health%20Agency%20Checklist.pdf.
7. Ensure you have legal authority.  A care provider should always ensure he or she has the legal authority either by the patient, by law, or by a properly drafted and executed directive by the patient or court of appropriate legal authority to make decisions.
8. Create a care plan.  A care plan is a living document that encapsulates the life of your loved one including items like a list of medical providers, statements of the preferences and desires of your loved one, a calender of renewal deadlines and re-certification periods, and copies of relevant advanced directives and powers of attorney, to name just a few items.  This document should periodically be reviewed to be updated or revised because it changes as you and the person you care for change.  It should assist you and the person who might have to step into your role make decisions and provide care.  The care plan is critically important for a loved one who does not have independent resources or benefits, because eventually, the person may become eligible for benefits or receive resources.  And, assessing how resources may interact with the benefits and vice versa are critical to maintaining eligibility.

Future posts will cover some of these topics in more detail and include other areas helpful to being a care provider for your family or loved one.

This post is the first in a series called "Family as Caregivers."  It is true of so many families today that family members are acting as a caregiver for their young, disabled, and elderly, loved ones.  However, what is also true is that many are not adequately prepared to step into these roles when necessary.  There can be a huge learning curve in stepping into a caregiver or provider role, which may include things like assessing a loved one's level of care, discovering and selecting care providers, discontinuing patterns of unproductive or unhealthy conduct and relationships, creating a care plan, navigating available public benefits, finding funding sources, and establishing or modifying proper legal authority to act on behalf of a loved one.  Indeed, this topic encompasses many components and can be overwhelming; however, by creating a plan and finding community supports and resources, the caregiver or potential caregiver role can be made much more manageable.  

Mr. Henry has completed a seminar presentation series on this topic, which will be available in many venues.  To request Mr. Henry to present this series, or others on estate planning, probate, or incapacity planning, contact the Law Office of John B. Henry, III, Attorney & Counselor at Law.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us at www.johnhenrylaw.com.

Early Childhood Intervention

Many parents today face raising children amidst a whole host of challenges, like economic downturn, limited to no family assistance, and expanded expectations at work without commensurate increases in pay and/or childcare to name a few.  These challenges may be compounded where a family is struggling with questions on how to assess or provide assistance for a baby or young child who may have an intellectual or developmental disability.  Fortunately, there are programs and services dedicated to early childhood intervention.  The Department of Assistive and Rehabilitative Services has an early childhood intervention program devoted to assisting families with these kind of concerns.  To learn more,  contact the number below and search via the link for services near you:

DARS Inquiries Line at 1-800-628-5115

https://dmzweb.dars.state.tx.us/prd/citysearch

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us at www.johnhenrylaw.com.

They're fighting over the body (Part 3): Other ways of directing disposition

This is the third blog entry in the series, "They're fighting over the body."  This entry focuses on other methods that could be used to direct disposition of one's remains other than the designation of agent in an appointment document called "Appointment of Agent to Control Disposition of Remains."

The Texas Health and Safety Code at Section 711.002(g) provides that an individual may direct disposition of remains, including cremation, in a will, a prepaid funeral contract (also known as a preneed burial plan), or a written instrument signed and acknowledged by such person.  As to a will, the Texas Health and Safety Code makes it quite clear that it need not be probated to make the directives enforceable.  Specifically, 711.002(h) states:

If the directions are in a will, they shall be carried out immediately without the necessity of probate.  If the will is not probated or is declared invalid for testamentary purposes, the directions are valid to the extent to which they have been acted on in good faith.As with any designation, its important to remember that these decisions should be reviewed periodically to determine whether or not the persons named or the wished contained in them still fit your desires.  These documents may be altered or revoked in a later writing signed and acknowledged by the principal or person who made the original designations and directions.

These options and how they fit into an individualized estate plan should be discussed with a qualified legal professional.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

They're fighting over the body (Part 2): Appointment of Agent for Disposition of Remains

Not at all uncommon, family members disagree over funeral, burial, and preparation decisions.  One way of giving guidance about your wishes as to the aforementioned decisions is to put detailed language in a last will and testament.  Besides memorializing these kinds of wishes in a will, during your lifetime, you may designate an agent in a document called the "Appointment of Agent to Control Disposition of Remains." Section 711.002 of the Texas Health and Human Safety Code (a)(1) permits an individual to name an agent for just this purpose. It is important to note, too, that the agent not only has the right to make decisions but also bears the financial responsibility for the agency he or she has been granted.  Consequently, any agent or successor agents named in this appointment document must sign the document acknowledging their acceptance of the agency being granted.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

They're fighting over the body (Part 1): Who decides?

With a time sensitive decision, like the disposition of remains, it should be handled with care and efficiency.  However, who is able to make those decisions as a matter of Texas law?  Under Section 711.002(a) of the Texas Health and Safety Code, a list of priority is given:

(1)  the person designated in a written instrument signed by the decedent;
(2)  the decedent's surviving spouse;
(3)  any one of the decedent's surviving adult children;
(4)  either one of the decedent's surviving parents;
(5)  any one of the decedent's surviving adult siblings; or
(6)  any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.

What if a person of the highest priority fails, is unable, or is unwilling to act?  Under that same section, Texas law says that where a person fails to make final arrangements or appoint another person to make final arrangements for the disposition before the earlier of the 6th day after the date the person received notice of the decedent's death or the 10th day after the date the decedent died, the person is presumed to be unable or unwilling to control the disposition and their right terminates and passes to a person of the same priority level or down to the next level of priority.

Subsequent entries in this series, "They're Fighting Over the Body," will focus on potential options in addressing designating a person to make decisions concerning disposition of remains.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

Greetings from the Law Office of John B. Henry, III, Attorney at Law

Welcome to Texas Guardianship, Probate, and Estate Planning Blog!  Understanding more about these areas of law not only can be quite useful but critical to responding to events in life that you can foresee and those you cannot.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

Feel free to contact John B. Henry, III, Attorney at Law, to discuss your legal needs and visit us on the web at www.johnhenrylaw.com.