Share

Michigan Elder Law Today

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 . . .


Monday, October 22, 2012

Patient Pay Offsets

In my last post, I discussed the patient pay amount, which is a special type of co-pay for nursing home residents who are eligible for Medicaid nursing home benefits in Michigan.  


Read more . . .


Sunday, September 30, 2012

Will the Nursing Home Take my Mother’s Social Security?

As an elder care attorney, a common question I am asked is “will the nursing home take my mother’s Social Security?” When a parent or another older loved one moves to a nursing home, there tends to be a lot going on, so people are unsure of how the billing works and what happens to the nursing home resident’s income.


Read more . . .


Wednesday, September 26, 2012

Increasing the Community Spouse Income Allowance

In my last blog, I wrote about one of the protections contained in Michigan’s Medicaid rules for married couples:  the ability to seek an order in probate court increasing the protected spousal amount. 


Read more . . .


Friday, September 14, 2012

Increasing the Protected Spousal Amount

As noted in my last post about the Michigan Medicaid Assets Declaration form, the spouse of a nursing home resident (called the community spouse) can keep all of the couple’s countable assets if they do not exceed $22,728. If the couple’s countable assets exceed $22,729, the community spouse can keep an amount equal to half of the countable assets, but no more than $113,640, without further action.


Read more . . .


Sunday, August 26, 2012

What is the Assets Declaration Form?

As an elder care attorney with a law office in the Rochester Hills area, I get asked a lot of questions about the Medicaid application process for patients in Michigan nursing homes.  The “Assets Declaration” form is a common source of questions, so I thought I would write about the purpose of this form.


Read more . . .


Thursday, August 16, 2012

What is Elder Law?

An important question I am asked from time to time is "what is Elder Law?"  “Elder Law” is a legal practice of counseling and representing older persons, their families, and legal representatives about the legal aspects of the following:

  • health and long-term care planning
  • public benefits such as Medicare, Medicaid, Social Security, and Veterans benefits
  • surrogate decision-making and incapacity planning
  • the legal capacity of an older person to make health and financial decisions
  • the conservation, disposition, and settlement of older persons’ estates and the implementation of their decisions regarding such estate planning, including considering any applicable income, estate, and gift tax issues

Elder Law was first recongized as a distinct legal specility in the 1980's.  The development of Elder Law occurred in response to the fact that people are living longer lives and in order to assist with the legal issues and questions that people have that occurred along with that.

Why estate planning attorneys have always counseled people on Wills, Trusts, and probate, those issues really focus more on what happens after someone passes away.  We consider such estate planning to be an important component of elder law, but the elder law attorney also considers and helps with issues that occur when one is still living, but older such as what happens if you need nursing home or assisted living care, what happens if you cannot make your own decisions due to dementia, and assisting the people you designated as your representatives (patient advocates, incapacity trustees, financial agents) in carrying out their responsibilities.


Read more . . .


Monday, August 6, 2012

Can You Get Good Care in a "Medicaid Nursing Home"

Betty was concerned and unsure about what to do next. Betty’s husband Ted, age 81, suffered his third stroke within the last two years and then he was hospitalized for a week. Ted was discharged to a nursing home for skilled rehab, but due to the effects of the stroke along with his dementia, he did not participate in rehab.


Read more . . .


Sunday, July 22, 2012

Medicare Coverage Issues in the Nursing Home

Whether Medicare will pay for skilled nursing facility services depends upon if the patient needs a “skilled level of care” on a daily basis. Generally, a skilled level of care is defined to mean the patient needs and will benefit from physical therapy, speech therapy and other such rehab. services that will restore or improve their health. Many patients also need custodial care in addition to such daily skilled care/rehab.


Read more . . .


Wednesday, July 18, 2012

Medicare Part A's Nursing Home Coverage

Medicare Part A will pay for part of up to 100 days of skilled nursing care per spell of illness in a nursing home or inpatient rehabilitation center.  In addition to meeting the basic eligibility requirements for Medicare detailed in the earlier posts in this series, there are three other requirements that must be met in order to receive this nursing home coverage under Medicare:


Read more . . .


Sunday, July 15, 2012

Hospital Discharge Issues

When an elderly person is admitted to the hospital, it’s a stressful event.  A situation that can compound that stress is if the hospital wants to discharge your older parent or other loved one before you feel they are ready to be discharged.


Read more . . .


Archived Posts

2018
2017
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January
2013
2012
2011
December
November
August
July
June
May
April
March
February


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.



© 2018 Andrew Byers, PLC | Legal Advisory
2833 Crooks Road, Suite 104, Troy, MI 48084
| Phone: 248.469.4261

Elder Law | Estate Planning | Probate & Estate Administration | | About Us | Articles

Attorney Website Design by
Amicus Creative


© Andrew Byers, PLC | Disclaimer | Law Firm Website Design by Zola Creative
2833 Crooks Road, Suite 104, Troy, MI 48084 | Phone: 248.469.4261