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Michigan Elder Law Today

Monday, March 4, 2013

Legal Whirl

Mike, age 56, was upset.  He had just gotten off the telephone with the realtor who was handling the sale of his parents’ home.  The realtor told him the title company refused to accept the power of attorney that Mike had gotten for his father, Robert.


Read more . . .


Sunday, February 17, 2013

Guardianship for the Uncooperative Elderly

Susan was upset.  She had just gotten off the telephone with adult protective services.  Someone made a report that Ted, her 82 year old father, was being neglected.  Adult protective services had then visited Ted’s home unannounced and without notice to Susan.  


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Sunday, February 10, 2013

Medicaid and Annuities

As an elder care attorney, a phrase I hear from time-to-time is that an annuity is “Medicaid friendly.”  


Read more . . .


Sunday, February 3, 2013

Asset Protection Planning with Trusts

Certain types of trust may be used by seniors who want to protect their savings and other assets from creditors and long-term care costs.  These trusts are referred to as “income-only trusts” or “Medicaid Asset Protection Trusts.  


Read more . . .


Sunday, January 20, 2013

Does the VA Still Count the Cost of Senior Independent Living Facilities for Aid and Attendance?

Often, senior wartime veterans or their surviving spouses can no longer live on their own in their home anymore, but they do not yet need the level of care provided in an assisted living facility or nursing home.  Independent living facilities for seniors are a great option in these situations . . .


Read more . . .


Sunday, January 13, 2013

When Should I Apply for Medicaid Nursing Home Benefits

 

Individuals I consult with as part of my elder care practice frequently wonder when they should submit the Medicaid application for a patient in a nursing home?  The patient they are consulting about is usually their elderly parent or their spouse.


Read more . . .


Sunday, January 6, 2013

The New Estate Tax Law

I have been practicing law since 1996 and there have been a lot of changes in that time.  One of the biggest changes has been in the federal estate tax.  When I was a new lawyer, the estate tax applied to estates over $600,000.  


Read more . . .


Monday, December 17, 2012

Changes to the Medicare Improvement Standard

For years, seniors with long-term conditions and age-related frailty who have needed rehabilitation care in nursing homes have been denied Medicare coverage for their care based on an “improvement standard.”


Read more . . .


Monday, December 3, 2012

Increases in VA Aid and Attendance Rates for 2013


 

It appears that wartime veterans and their surviving spouses who are receiving the United States Department of Veterans Affairs Aid and Attendance pension will receive a cost of living adjustment in their pension rate in 2013.  While the official numbers have not been released yet, the 2013 pension rates should be close to the following:

  • $1,732 per month for a single veteran
  • $2,054 per month for a married veteran
  • $1,113 per month for the surviving spouse of a wartime veteran

While that is good news for people currently receiving this benefit, storm clouds loom on the horizon in terms of changes to law that would affect people applying for the benefit in the future.  A look-back period is being considered and the VA and Congress is also considering restricting the program to make it a poverty-level program.  If a senior citizen who is a veteran or their surviving spouse could qualify for Aid and Attendance, it would be wise to have one’s long-term care planning done sooner rather than later so an application can be submitted under the current laws and regulations.

Lawyer Andrew Byers advises older veterans and their families on Aid and Attendance as part of his elder law practice.
Read more . . .


Sunday, November 4, 2012

Medicaid Compliant Funeral Contracts

 

In my last post, I wrote about how individuals can irrevocably assign the death benefit of life insurance policies in order to obtain a funeral plan.

Some elders who need to qualify for Medicaid nursing home benefits in Michigan do not have life insurance, but may have savings that would disqualify them from Medicaid.  


Read more . . .


Sunday, October 28, 2012

Medicaid and Funerals

 

As an elder care attorney practicing in the Detroit area, my clients come to me with a variety of legal needs based on their own unique situations.  However, there are also some needs that are common to many of our clients, including how to pay for long-term care, reimburse a child who has provided care to their parent before the parent moved to a nursing home, and how to protect the financial security of the spouse living in the community when their spouse becomes a nursing home resident.  


Read more . . .


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Estate Planning & Elder Law News

Elder Law, Estate Planning, and Probate attorney Andrew Byers helps people in Troy, MI and throughout Oakland County, MI including Royal Oak, Clawson, Berkley, Huntington Woods, Rochester Hills, as well as throughout the metro Detroit area, including Macomb County and Wayne County, Michigan.



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