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.
I read that candidate Kamala Harris said on the program “The View” she would ADD Long Term Care benefits to Medicare and END Medicaid Estate Recovery. She said her position was based on her experience of caring for her mother. I have written here about the problems that MER causes families and often children have to drop out of the workforce in their most productive years to act as an unpaid caregiver. Our economy NEEDS trained and skilled employees for us to compete in the Global Economy.
If supporters of Trump and Harris contact their campaigns and tell them to END MEDICAID ESTATE RECOVERY, then no matter who is elected we may see the End of the Government taking family homes for payback.
What has happened over the summer since our last report? What is the timeless News You Need to Know? You can always drop us a call or an email, but in our latest post, here, I’ll report to you on developments in Elder Law. In short, these have to do with Medicaid Estate Recovery, Court Orders of Support and Michigan’s Durable Power of Attorney Law. But in short it is still true that if you need to venture into Medicaid for assistance with long term care needs, whether at home or in a nursing home you will find it advantageous to consult with a knowledgeable Elder Law Attorney. If you’re not in the Detroit Michigan area, Fear Not! Give us a call for any part of the country and, at the least, we’ll find you a knowledgeable Elder Law attorney who won’t try to scare you and sell you. Knowledge is power and I say Power To The Clients! So go ahead toss any elder law question you have and we’ll go to work and get you an honest answer that will help you not enrich “some sharp attorney.” By the way that last cynical point is one made by people who are afraid of the illusory power of attorneys. Good Elder Law attorneys are not scary and want to make the world a better place one client at a time. Honest! Ask for a no-charge referral. Try us. You’ll like us. 😊
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:
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.
August update: Yep. It seems Nobody cares – as long as they don’t lose theirs. You can live an upright, righteous life, contributing your best to make America a better place for all of us and through no Fault of your own come down with Alzheimer’s Disease and need long term care. That long term care might be just a little daily assistance to keep you in your own home and yet the bill to you may be over $6,000 per month! After you die your family will have to pay the government through your probate estate (in Michigan) or to payoff a lien the State Medicaid agency places on your home while you are receiving help. You an help end this outrage and here’s how.
July update: The Bill is attracting co-sponsors! You can help by contacting Your Representatives in Congress and tell them to support the bill! Spread the word to any church or group you belong to. Together we, and especially You, can Make A Difference. See our latest post here
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.
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!
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.
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!
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.
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!
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.
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:
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.