Michigan Elder Law Today ©
Monday, April 29, 2013
Legal Whirl - Part Two
In my last post, I wrote about how Mike had purchased a power of attorney for elderly father, Robert, who has dementia, from a legal forms website, Legal Whirl.Read more . . .
Monday, March 04, 2013
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. Read more . . .
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 03, 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 06, 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 03, 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.
Sunday, November 04, 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 . . .
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Elder Law attorney Andrew Byers assists clients with Medicaid Planning, Veteran’s Aid and Attendance planning, Estate Planning, and Probate & Trust Settlements in Auburn Hills, MI and throughout Oakland County, MI including Rochester Hills, Rochester, Troy, Bloomfield Township, Lake Orion, Oxford, Waterford, Clarkston, Independence Township, and Pontiac, as well as throughout the metropolitan Detroit area, including Macomb County and Wayne County, Michigan.