New Address – 33900 Schoolcraft, Livonia

Well, we finally had to sell the beloved Log (Law) Cabin and have moved to Livonia.  I have become associated with (“Of Counsel“) to the law firm Cummings, McClorey Davis & Acho.  The advantage for clients is the access to a broader range of legal services all in one house.  The advantage to me, Jim, is that I will have a good attorney available to handle your matters while I am out and about.

Until we can get the graphic artist to change the banner above, please note the new address is: 33900 Schoolcraft, Livonia, MI  48150. The office is on the corner of Stark about a quarter mile west of Farmington road.   The telephone number remains (248) 356-3500.

 2017  Educational Program Series Planned

We had a Great response to our  program “Did You Plan for Long Term Care?”  in Southfield, Taylor and Livonia  last year.  And so, by popular demand we are not only going to “do it again” but do more programs and cover more topics.   We’ll have more info coming.  If you can’t wait, just give us a call at (248) 356-3500. Stay tuned!

We will repeat our long term care program.  This just might be  the program for you if you are concerned about an aging parent or just planning for retirement and want an inside look at Long Term Care .  Want to see what we covered?  Click  here.

Hi and Welcome

Welcome to our home on the Web.  We think you will find a lot of useful information here.  That’s our goal, to provide honest and good counsel to our clients.  You can see we treat everybody who comes to our office with respect, which is no surprise since the client is the Boss!   Look around and if you need more information for your particular situation, whether you are an elder or a child of an aging parent, just give us a call for an appointment.  You will find us to be a “real, old time, down to earth” law office.  At our office you get respect, good advice and answers to your questions.

We talk with you, not “at you.”

I (Jim Schuster) often hear “the other attorney did not explain that.”  I believe that a lawyer must act as an adviser and that means coming to a mutual understanding.  If a lawyer cannot explain a concept so that a client can understand what he is saying, with all pros and cons as well, then how can a client make a decision?

One thing you will not hear in your consultation is “Trust me.  This is what you need.”  You will get the information you need and You will make Your decision based on Your judgment.  And, of course, we think you will trust us!

VA Pension – Lookback & Penalty Proposal – Maybe and Maybe Not

Just a note to those who are following this story.  Here we are in 2017 and no word yet from the VA.  Some “in the know” say that it the proposal has been shelved.  But as I observed in the New Years Predictions blog post, the new administration and Congress can be predicted to make government benefits both more expensive and harder to get for consumers.   So.  While there is reason for us to cancel the report of the January 2015 VA proposed rules, we’ll keep it up as a reminder of what could come.

On January 23, 2015 the VA published a proposed regulation in the federal register announcing a number of changes to its administration of the special improved pension plan, commonly but mistakenly known as “aid and attendance.”   While a number of the changes are a welcome effort to bring clarity to the often mysterious eligibility policies of the VA, perhaps the most worrisome is the imposition of a three year look back on asset transfers. The VA is reacting to a GAO report that found over 200 organizations, that market primarily financial planning services,  helping otherwise ineligible veterans obtain the pension benefit.  The proposed rule would:

  • impose a 3 year look-back period,  for which Congress did not give the authority;
  • apply a penalty period of up to ten years on transfers to purchase annuities and trusts to qualify for the benefit.

The proposed rule means that if an unwary vet transfers a portion of his net worth to family or to purchase an annuity to qualify for benefits, the vet may be barred from the benefit for as long as 10 years!

The proposed regulations and commentary is found at https://www.federalregister.gov/articles/2015/01/23/2015-00297/net-worth-asset-transfers-and-income-exclusions-for-needs-based-benefits?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov  The comment period closed March 24, 2015.  So far we have not heard any more from the VA.  Stay tuned!

How can we help you?

Who do we help?  We 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. We will be pleased to help you out. Just call for an appointment.

Most Retiree’s “Estate Planning” Documents Inadequate

We have had number of educational programs over the past couple years.  There is one continuing lesson I want to share with you. I offered to review any attendee’s “estate planning” documents from the Elder Law point of view. The distinction is that elder law focuses on life issues and so we call it “life planning.” Estate planning is about  “death and taxes.” I analogize the difference to a life guard.  The “death and taxes” lifeguard will help you after you have drowned.  The  Elder Law lifeguard will help you while you are struggling.

Many folks have taken me up on the offer to review their existing “estate planning’ documents. I focused on their trusts and powers of attorney. In every case the documents did not grant complete authority to take care of all matters of the client.  I had the following report:

They were all inadequate.

What did that mean? That failing could force anybody into life-long probate – guardian or conservator. And that means that the probate court is in charge of every facet of your life. Where you will live, what medical treatment you will receive is all under the control of the guardian. All your finances will be in the public record. The conservator will file and inventory of your property and will file an account every year. The account will detail every dollar that you got and every expenditure that was made on you. Attorneys fees for the public hearings may run into the thousands of dollars. I’ll give you a practical example: if a husband is in a nursing home his wife may have to spend over $50,000 in nursing home bills and attorney fees before the probate court will give her permission to withdraw from his IRA. And, on top of that, the court may open a conservator file and put all of his assets under probate supervision till he dies.

All of that is easily avoidable.

All you have to do is have your legal documents tailored to fit your needs. You can be in control even when you must rely upon others to help you. So if you are at all concerned about aging and your long term care needs, just give us a call and let’s get your protection started!  And, of course, we will help you with Wills and trusts as you may need.  But, still 99% of us folks don’t need to worry about taxes after death so unless you are a multimillionaire you don’t need an attorney expert in estate taxes.  An Elder Law focused life plan must, and does, include a will or a trust to carry out your wishes for property distribution after you die.  Get started now!

Aging Parents – They Need Help and So Do You

See our Aging Parents Tip Sheet filled with information to make you an empowered advocate and help you avoid expensive mistakes.More Here

We will be starting up our programs again in the spring.  We’ll announce the information and be sure to check Jim Schuster’s speaking schedule and how to request Jim Schuster to speak to your group.

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