Got a Question? Need a referral? Call us (248) 356-3500
Hi and Welcome
Welcome to our home on the Web. Though I am not currently taking new clients, we have kept the website up because we think you will find a lot of useful information here. And, I do know some good attorneys! If you have been searching and not found anybody satisfactory, give us a call (248) 356-3500 and let’s see if we can’t get you all fixed up. Below you will see some referrals for you to consider. In the meantime browse our website and find information you’ve been looking for.
Who can we refer you to?
If you call, we will get a sketch of the issue you want resolved and give you a referral to elder law attorneys we trust. But first let’s understand that elder law attorney do not handle all legal issues. Elder law is not every legal problem that confronts a senior. A good example is a traffic ticket, say for missing a stop sign. So, here’s a quick read on “What is elder law?”
Here are some Elder Law attorneys you can trust to take good care of you:
- For folks in Oakland County try one of Michigan’s premiere elder law firms Mall, Malisow & Cooney of Farmington Hills Michigan. Ask for Art Malisow or Sandy Mall. I am “of counsel” with them and that means we have an informal relationship. I am not an employee or member of the firm. The two principal attorneys, Sandford (Sandy) Mall and Art Malisow, are Certified Elder Law Attorneys. They offer a full service Elder Law firm ready to meet the need of any client. They may be contacted at (248) 538-1800. Be sure to say “Jim Schuster sent me.” They will give you their Red Carpet treatment.
- For folks in Western Wayne County I have great respect and can recommend Norman “Gene” Richards. You can contact him at (734) 261-2400. He has a complete elder law practice including estate planning and his firm has other attorneys who handle business and other matters. They also have an office in Clinton Twp., Macomb County. Tell him Jim sent you.
- Also in In Macomb County, Patrick Bond, a former Chair of the Michigan Elder Law Section, handles Elder Law and probate court matters. His office is in St Clair Shores and his number is (586) 447-3717.
- If a family member was injured at a nursing home, assisted living facility or senior apartments, I have great respect for Jules Olsman who handles these sorts of negligence and malpractice cases. His firm is in Berkley and the phone number is (248) 591-2300. Be sure to tell them Jim Schuster sent you.
And finally if you are not satisfied with any of the above, just give me a call and we’ll help you find the “just right” attorney.
Bill in Congress to END Medicaid Estate Recovery
On March 6, 2024 Representative Jan Schakowsky reintroduced the “Stop Unfair Medicaid Recoveries Act.” That means if someone in your family receives Medicaid long term care services over when age 55 and over, when they die their “estate” must pay back Medicaid every dollar. That means “the government gets your home”! Get more information here.
January 2024: Unhappy with Medicare Advantage? A fix before March 31st
Unhappy with your Medicare Advantage plan? You’re not alone. Many people find that when they have a serious medical condition their Advantage plan will not allow them to select a respected doctor they want because the doctor is not in the plan network. And, the co-pay cost of that doctor would be unaffordable. Or, the Advantage plan will not approve treatment the doctor recommends. What’s the fix? You CAN switch to traditional Medicare before March 31st! A catch? Of course. You will need a supplemental Medigap plan and then you can run into the pre-existing condition bar. But, don’t fret. Read our January blog post has the information you need!
Choosing a Medicare Plan
Here’s a quick read on choosing a Medicare plan. You will want to read it if you have a serious medical condition and your present plan is unacceptable.
Fall Update
I’ve been slogging through the immovable process called “advocacy.” See my “Fall Update” post for “exciting” (ha, ha) details. Ever have that experience of nobody returning your calls or contacts? Grrrrr. Oh well. There are important changes proposed, especially by Senator Sherrod Brown. Things move slowly but we cannot stop moving them. Onward!
Mid-Year Update
June 2023. It’s been a busy few months! I think you will find this info personally interesting since the changes to the Medicaid program for seniors and disabled clients will make for a better quality of life.
- I completed an article on why Medicaid Estate Recovery should be terminated and repealed that will be published in the Fall 2023 edition of the National Academy of Elder Law Attorneys Journal. It covers in more detail the subject I wrote about earlier on this website. I hope it is the beginning of a movement to stop the government welfare (Medicaid) departments taking working folks homes.
- I co-authored an article with Doctor Thomas Jankowski of the Wayne State University Institute of Gerontology on why Medicaid should not require people to move into a nursing home to receive full time care for Alzheimer’s and other dementias. It too will be published in the Fall 2023 edition of the National Academy of Elder Law Attorneys Journal. We hope it is the beginning of the end of mandatory nursing home care for full time dementia care so that those people can receive care in an assisted living apartment or even their home!
- I participated in WNMU’s Ask The Lawyer, Elder Law edition, hosted by legendary Elder Law attorney Paul Sturgul of Hurley, Wisconsin. Here is a link to ASK THE LAWYERS Elder Law Special on WMNU.
- Paul Sturgul and I were guests on Media Matters hosted by Mike Settles of WNMU. We discussed the big problems of Medicaid Estate Recovery. We hope to start a movement to end the cruel, senseless practice that causes families to lose their home to the government! Here’s a handy link to Media Matters Reports on Medicaid Estate Recovery.
April 2023 Update
Here we are in April 2023 and we are still working at getting a bill in Congress to End Medicaid Estate Recovery. (Government Grabs the Family Home.) See my prior posts for more background. Here are the action points for any concerned family member who wants to save the family home. You can be an advocate and make change!
Been Working on Ending Medicaid Estate Recovery
March 2023. This is an update since our posts last year about U.S. Rep. Jan Schakowsky’s bill that would end Medicaid Estate Recovery. I have written an article for the National Academy of Elder Law Attorneys Journal, it should be published this fall and have been actively working on getting publicity about the problem of Estate Recovery and getting support of the Schakowsky bill.
In the meantime, NPR has taken notice and republished a KHN article on the problem. A veteran’s wife developed dementia. They heard about getting in-home help so his wife could stay out of the nursing home. The program they found provided help and even paid their daughter to assist. Now the Vet stands to lose his home after he dies. See “They Could Lose the House to Medicaid” here.
Avoid Huge Hospital – Post Hospital Copays and Deductibles. Change your Medicare Plan During a Special Enrollment Period
Many healthy seniors choose a low monthly payment for a Medicare Advantage plan. But when a health emergency strikes -say a broken hip that requires post surgery rehab – the co-pays and deductibles can be horrific! But, you can change your plan without waiting for the end of year open enrollment. Here’s how:
Suddenly Mom had to go in a nursing home. Can we save her home from Medicaid?
You may be able to save the home even though she did not do “Medicaid planning” beforehand. Check out our latest blog entry and see how.
Don’t Sign That Arbitration Agreement
Nursing homes include in their admission packet a paragraph stating that by signing you agree to arbitration for all disputes with the facility. By so agreeing you give up your right to go to court with trial by a jury and instead have the dispute decided by an arbitrator who is an industry expert. By law you have the right to Not agree to arbitration and 30 days to “rescind” your agreement. See our post Big Problem: Forced Arbitration in Nursing Home Admission Papers
Nursing Home? Save Your Home From Medicaid!
It’s true. You can lose your home to Medicaid if you need a nursing home or Medicaid Waiver In-home care! After you die Medicaid will demand your family sell your home and demand they payback Medicaid every dollar!
Last Congress Rep Jan Schakowsky introduced a bill in Congress to Stop this steal of your home. It went nowhere but she will reintroduce it this Congress as soon as the cosponsors sign on. It is the “Stop Unfair Medicaid Recoveries Act”. It would no longer allow states take your home. YOU can help stop Medicaid from taking family homes. YOU can help END Medicaid Estate Recovery. See our information page on this critical problem.
Blog Series – Overlooked Problems With Senior Programs
We’ve been looking at problems with some of our out-of-date senior programs. My blog entry raises the problem that some low-income programs have not been for adjusted since 1984! We’ll continue highlighting problems in forthcoming posts. Here’s the latest: Needy seniors are not getting help and nobody cares.
Senior Alert: You Can Lose Your Home and Everything You Own to the Government
If you enter the nursing home for long term care, you will likely need Medicaid to pay the bill. After you die Medicaid will want every dollar, dime, nickel and penny paid back. Blame Medicaid Estate Recovery. To learn more about this wrong and how you can help fix it read our post here.
Medicare Does Not Mandate Payback. Why Does Medicaid?
The second post in this series about Medicaid payback compares the Medicare program with Medicaid. It ends with a question, why are the medically needy of both programs treated so differently when it comes to payback. Read this post here.
Low-income seniors in Michigan are supposed to get a homestead property tax credit, worth up to $1,500. But some get Zero!
Michigan’s homestead property tax credit is worth up to $1,500 for low-income seniors. But there are many seniors with average homes who are not eligible at all. Why? The price of homes have gone up and as a result they lost ALL of their tax credit. Here’s the problem and what to do.
How much should you save for retirement? Here’s a cost and an asset often overlooked.
There are zillions of articles on retirement saving, but one point that is always overlooked is the high cost of living as an elder. Here is the secret asset you need to consider in your retirement plans.
Medicare Advantage Policies: High Deductibles and High Out of Pocket Costs: Look Out for the Emergency Room!
Many healthy seniors choose a Medicare Advantage plan with high out of pocket costs and high deductibles. This is quite understandable for someone who does not have a chronic medical condition and has “not seen a doctor in years.” But, they may get hit hard if they visit the hospital emergency department with a routine emergency. For more see my blog post here.
Issue Alert! Mom/Dad paying for help in the home? Look out!
Is Mom/Dad paying for help to stay in the home? If s/he later needs a nursing home, Medicaid may require your parent to pay that amount of money to the nursing home! The Michigan Elder Law Section has identified this policy as violating the law. Want to know what to do? Read here.
Here’s Why Childless Seniors/Couples Need a (special) Trust
I don’t think you’ve read an article like this one. Learn why childless Seniors need a trust. It will probably surprise you. Hint: it’s not about inheritance! Read it here.
“What to Do” Video: Dealing With Long Term Care – 7 Mistakes to Avoid and 7 Steps to Your LTC Plan
We have two videos on YouTube on the subject of What To Do When Your Spouse Or Parent Will Need Long Term Care. This information is based on my 25+ years helping families deal with the crisis of long term care. It is not a “legal advice” video but a practical brief course on the steps to take to make your long term care plan. Over the years I have seen many common mistakes and confusion about what to do. All the mistakes are easily avoidable/ If you follow the “what to do” you will be far ahead of most families in providing long term care for your spouse or parent. Content hint? Here’s one: Long term care begins in the home, not the nursing home.
Visit our Intro page and start getting the information you need including how to get our FREE booklet. Here it is.
A Lesson From the Corona Virus Pandemic
Suddenly you are very sick. It’s the Covid 19 and it is worse than any flu you’ve ever had. You don’t know what to do. You need help! And that is where things break down. You either must do it yourself or you need your authorized representative to get in and fight for you. And if your spouse or your son or daughter is not legally authorized they cannot help. That is what many experienced and here is how you can avoid it.
How may an Elder Law Attorney help you?
We elder law attorneys help elders retain independence and control in the face of the challenges of aging, be that temporary incapacity due to a medical condition or long term care. We help aging parents authorize their children to manage their business and medical affairs. We help spouses and families choose a good nursing home and pay for it without going broke.
- Retirees, Seniors and Elders adapting to the challenges of aging, click here
- Children of Aging Parents, you can help
- Medicaid and nursing home services, click here
Here are some examples: We help Children of Aging Parents with the advice and legal documents they need to carry out their parents’ wishes and take care of their needs. We help child or relative Caregivers navigate the legal maze and legal problems including prosecution for vulnerable adult abuse. We help families to get a good nursing home, apply for Medicaid for long term care and keep a lifetime of savings. Look around our website and you will find a wealth of useful information.
How Much Should an Attorney Charge for a Medicaid Application?
Here’s an “evergreen” topic that never goes out of date. I answer this question in my blog post here. I think you will find it very informative since it shows the work and value that we have given our clients when we handled the asset protection and the application process all in one. This information is transportable to any attorney.