FAQ

Our experience has taught us that your questions (and the answers to them), vary significantly based on who you are and what you need. It is our mission to educate everyone we come in contact with, even when they’re not our client. To best help you find your answers, we have written our answers to Frequently Asked Questions with the two distinct groups we work with:

The general questions we find that most of our clients have before they meet us are right here for your easy reference.

What’s the best way to contact you?

You can start with a phone call to (678) 510-1730 or fill out our Contact Form. From there our knowledgeable, friendly case manager will obtain general information about your case. This information will include your contact information and basic, case-related information. Want to learn more? Read about our 6 Step Process.

How much does it cost to meet with Attorney Nabors?

If it appears that our firm can be of service to you, our case manager will schedule a free one hour consultation for you to speak with attorney William “Bill” Nabors, Jr.

How do I get ready for the meeting?

After your call with our case manager, we give either email or mail you one of our initial questionnaires for a more detailed description of your goals and case-related information that we kindly ask you return to our office before your consultation.Read about our 6 Step Process.

Planning for You

What should I expect from my free one hour consultation?

Our goal is education, education, education. We want you to know what your legal planning options are and the best ways to get the results you want. To best help you. the first consultation is always free and takes place over the phone or in our office. During this meeting with Attorney William “Bill” Nabors, Jr., we will review the initial questionnaire you completed.

What are the Georgia estate planning documents I need?

A complete Georgia estate plan will include multiple documents including, but not limited to, a last will and testament, multiple trusts such as a revocable living trust, an advanced health care directive, a durable power of attorney and/or, a special purpose corporation.

What if my documents are from out-of-state?

In your free consultation Attorney Nabors will review your documents with you and suggest any changes or revisions you need to be current with Georgia law.

What if my planning doesn’t talk about handling or managing long-term care needs?

You should meet with Attorney Nabors to discuss the current laws and planning techniques that need to be a part of your estate planning documents. We often see clients who cannot take full advantage of specific planning techniques because their documents do not address it and they no longer have the capacity to plan.

Why do you ask for my income?

During your first meeting we review the initial questionnaire you completed. One of the questions we ask is to know your monthly income or the monthly incomes sources of the person needing care. The reason why is because the programs that pay for long term care have income and asset requirements that must be met for qualification. At the end of the initial consultation, we will suggest a plan to use going forward to reach your goals.

Why do you ask for my asset information?

During your first meeting we review the initial questionnaire you completed. One of the questions we ask is to know your assets or the assets for the person needing care. The reason why is because the programs that pay for long term care have income and asset requirements that must be met for qualification. At the end of the initial consultation, we will suggest a plan to use going forward to reach your goals.

Can you give me for information on the asset test?

To satisfy the asset test, an individual seeking to receive Nursing Home Medicaid can have countable assets of no more than $2,000. If the individual seeking Nursing Home Medicaid is married, the couple may have assets of $109,660 and one or both of the spouses can still qualify for Medicaid.

Is there an income test limit?

To qualify for Nursing Home Medicaid, an individual must have income less than $2,022 per month. Only the income of the resident of the nursing home is considered when qualifying for Medicaid; the income of a spouse is disregarded.

I hear you cannot receive improved pension if you have too many assets. I am worried I have too many assets. Is there a possibility I can receive improved pension?

Yes, it is possible to shift income and assets to qualify for VA improved pension. An elder law attorney should be consulted before any transfers are made to ensure the transfers do not result in negative tax consequences or jeopardize Medicaid eligibility.

Planning for Your Parents

My mom has told me that the Veterans Administration says I do not qualify for improved pension, how can you help me?

The VA Improved Pension benefit to help veterans pay for long term care is not widely known. Most people at the VA have not been trained on this program and may not know the exact qualifications. Our experienced Veteran Consultants and our Attorneys are trained to be update on the latest qualifications and work review your personal information to see if you can qualify.

Can I just give my assets to my trustworthy child?

This strategy is very risky even with a child that you can trust. The assets given to the child are subject to creditors of the child, including debts arising from auto accidents and divorce.

I don’t know if my parents have estate planning or if it’s up-to-date, what should I do?

Your parents not only need estate planning documents, these documents have to work now and in the future when long-term care crises may occur. You need to learn more about their options. You can start with a phone call to (678) 510-1730 or fill out our Contact Form. From there our knowledgeable, friendly case manager will obtain general information about your case. Want to learn more about our process? Read about our 6 Step Process.

What estate planning documents do my parents need?

A complete Georgia estate plan will include multiple documents including, but not limited to, a last will and testament, multiple trusts such as a revocable living trust, an advanced health care directive, a durable power of attorney and/or, a special purpose corporation.

What if my parents’ planning doesn’t talk about handling or managing long-term care needs?

Don’t wait to meet with Attorney Nabors to discuss the current laws and planning techniques that need to be a part of your estate planning documents. We often see clients who cannot take full advantage of specific planning techniques because their documents do not address it and they no longer have the capacity to plan.

Does Medicare pay for all of my skilled nursing home care?

Unfortunately, no. Medicare only pays for the first 20 days in the nursing home after a qualifying 72 hour visit in the hospital.

Will Medicare help me pay for my nursing home after day 20?

Medicare provides coverage for 100 days of nursing home care with a requirement that the patient pay a $141 copayment for each day of the stay beyond 20 days. It can be difficult for you and your family to pay for nursing home stays that routinely extend for several months or even years.

How much does a Georgia nursing home cost?

The average cost for an Atlanta Georgia nursing home is $183 per day.

I’m a veteran, am I eligible for VA pension benefits?

We have three questions for you: Are you a veteran or are you the surviving spouse of a veteran? Are you over 65 or disabled? Do you have a need for care in assisted living, independent living, or at home with home healthcare? If you answered YES to all three questions you likely qualify for a monthly payment from the VA.

What is VA Improved Pension?

VA Improved Pension commonly known as Aid and Attendance was established to provide monthly tax free financial assistance to Veterans and their spouses, allowing them to live their lives in dignity and afford basic necessities.

Is VA Pension tied to service related injuries?

This benefit is NOT dependent upon service related injuries. It helps cover the cost of qualified un-reimbursed medical expenses, including in-home care and assisted living facility care.

What are the qualifications for Veteran Pension Benefits?

The hard requirements are that the Veteran must have served on active duty for at least 90 days, one these days must be during a war time period. The Veteran must and also received a better than dishonorable discharge.

I’m a widow(er), can I receive Veterans benefits?

For a widow(er) to receive benefits, the Veteran must meet the Veteran’s qualifications as well as the Widow(er) must have been married to Veteran at the time of the Veteran’s death and have not remarried.

What is probate?

Probate is the legal process which distributes a deceased individual’s estate by the deceased wishes provided by a Will, or by Georgia statute if the was no will.

How many types of probate are?

Testate (with a Will) and Intestate (without a Will). Both types require that you petition the court to open probate for the deceased person’s estate. In Georgia, this process involves petitioning the probate court in the county which the deceased was residing at the time of death.

What is Special Needs Planning?

Individuals with disabilities have a unique set of needs. There are numerous government programs, on both the federal and state level, that provide assistance to those with disabilities. These programs range from cash assistance from SSI to Medicaid Health Insurance to Life Skills Training workshops. Many of these programs offer benefits not available in the private market, which makes preserving benefit eligibility important regardless of a family’s financial status.

Special needs planning assist an individual with a disability and their family and friends in structuring their financial affairs to maximize the individual with a disability’s access to economic resources without impairing access to valuable public benefits.

What is a special needs trust?

A SNT is a trust formed to hold the assets and receive the income of an individual with special needs. A planning technique authorized by both Federal and Georgia law, a SNT allows an individual with a disability to retain beneficial enjoyment of their assets and income while becoming eligible for SSI and Medicaid. Benefits eligibility is not only important for clients with limited means who seek financial assistance and other government benefits, but also allows an individual to participate in programs, such as life skills workshops, which are only open to those who are Medicaid eligible.

Can you use a Special Needs Trust with other estate planning documents?

Yes, it can be used in conjunction with other estate planning documents to ensure that those with special needs can qualify for and retain benefits.

Are there different types of special needs trusts?

There are two types of: Self Settled Trusts and Third Party Trusts.A selfsettled trust is established to receive resources, typically from an injury settlement or divorce proceeding, that the individual with a disability has a legal claim to receive.A third party SNT is a useful vehicle to receive gifts or inheritances on behalf of a disabled person without disqualifying the individual from receiving benefits.

The distinction between the two types of trusts is important as self settled trust require a Medicaid payback while third party trusts do not. Failing to make such distinction can cost thousands of dollars.

What types of expenses can be paid for from a SNT?

A SNT is designed to supplement, not replace, the benefits an individual receives from government agencies. The trust can aide with accessible housing, adaptive equipment, assistive technology, therapies not covered by insurance, increased care, vacations, entertainment, and many more expenses incurred to enhance the life of the disabled individual.

How is a special needs trust established?

As with most trusts, a SNT is established by a written agreement between the party seeking to create the trust and the trustee. The trust language is individually tailored to provide for the needs of the disabled individual, while preserving government benefits. Once a SNT is created, it can be funded multiple ways, including gifts and bequests.