For years, the IRS allowed beneficiaries of an individual retirement account (IRA) to defer their receipt of income over their individual lifetimes through the use of the stretch distribution provision. This is no longer possible as the act changes the way in which a beneficiary can elect to receive his or her own share of a decedent’s account: either as a lump sum distribution or as a ten (10) year plan of distribution. The inherited “stretch” IRA is no longer an option after January 1, 2020. As a result, the government will begin to receive more taxes from inherited income beginning 2020 moving forward.

The act does provide some relief as it puts off the age for required minimum distributions (RMDs) until the age of 72, if you have yet to begin receiving your RMDs prior to 2020. It also repeals the maximum age of which a person can contribute to his or her IRA; allows for expansion of 529 plans; and, provides credits to small businesses that setup automatic enrollment into their retirement plans.

Overall, the act appears to be designed to force recognition of income that could otherwise be deferred over a beneficiary’s lifetime. How will this affect your individual estate plan and family wealth planning? We have some answers…

• You may wish to consider engaging in five (5) year longterm care planning to help protect non-IRA assets while using your IRA assets to help fund your own care.
• You may wish to consider “stream-lining your estate planning by using probate avoidance techniques like beneficiary designations, enhanced life estate deeds and joint ownership.
• You may wish to designate trusts, under certain circumstances, as beneficiaries to help protect minors from financial misuse of inherited assets.

If you have questions, we are here to help. Please call 866-529-ELDR or locally, in the metro-Detroit area, at 586-264-3756 to schedule your free consultation.

Among the changes:

• A three (3) lookback period.
• Changes to who can be a caregiver.
• A new “bright-line asset test” of $126,420.00

Following these changes, more people were able to apply and receive benefits without planning. However, planning is still important to not only remain eligible to receive benefits , but to also begin planning for Medicaid benefits–if nursing home care will be required in the future.

Most strategies will still involve supplementing your estate plan with an irrevocable trust to not only protect the assets that you have if you are under the new $126,420.oo threshold, but to also protect your home if in the event that it is sold AFTER you have already qualified for these benefits.

If you are residing in Michigan, a veteran, or family of a veteran either receiving these benefits or in need of VA A&A benefits, then you should call our office to learn more about longterm care planning. 866-529-ELDR or 586-264-3756.

11 former workers at the Kent County Home for Veterans face felony charges following a 2016 audit that revealed their mishandling of abuse case filings and staff shortages. Additionally, the staff reported doing 100% of room checks when only about 43% were actually completed according to video surveillance. Reports also showed that the facility faced staff shortages of sometimes as many as 22 personnel per day. Ninety percent of abuse and neglect reports were not passed on to the nursing director, according to the audit survey. The staff faces up to 4 years in jail in addition to $5,000 in fines for their mistreatment of the veterans.

Governor Rick Snyder replaced the current head of veteran affairs in Michigan as a result of the audit’s findings. He accepted his former campaign manager and Director of the Veteran Affairs Agency in Michigan, Jeff Barnes’s, resignation and appointed his current chief legal counsel, James Redford, in Barnes’s stead. Snyder says the findings of the audit are “deeply troubling” and that Michigan Veterans deserve better.

If a veteran you know is being neglected or abused please please contact SMDA for a free consultation so we can help them receive the appropriate compensation and care that they need and deserve.

Related Posts: VA Benefits 2016 Cost of Living Adjustment, Medicad Changes for Spouses at Home, Michigan Vietnam Vets, Michigan Elder Law and Long Term Care Planning

Michigan Medicaid law is always evolving. Most changes will impact the ability for a family to become eligible to receive benefits to pay for the cost of nursing home care. A recent change creates a favorable planning opportunity for Michigan families seeking Medicaid benefits for a loved one. The regulation allows a community spouse to appoint his or her beneficiaries to the exclusion of the State of Michigan on a “Medicaid Approved Annuity”.

This change will effectively allow a community spouse (a husband or wife living at home while his or her spouse resides in a nursing home) to help protect his or her own assets. Medicaid Approved Annuities allow the well spouse to receive the value of the assets that a married couple owns, at the time of nursing home admission, that exceed qualification, in regular monthly payments over the duration of his or her life expectancy or less.

Most Michigan residents are shocked to learn that they can protect almost everything when a spouse enters a nursing home. Even more Michigan residents are elated to learn that a single person entering a nursing home can still protect more than half of his or her estate. Accordingly, if you have a family member entering a nursing home, it is important to understand the law. As elder law attorneys with experience in nursing home and long term care planning, we can help.

In Metro-Detroit call (586) 264-3756. In West Michigan call (616) 931-3670.

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Michigan Vietnam Veterans living in the Detroit and Grand Rapids areas often seek advice related to agent orange exposure. These claims are known as “service connected” disability claims. Following a change in law in August of 2010, Vietnam Vets can seek disability benefits for “presumptive conditions”. These conditions can include type II diabetes, certain pulmonary conditions, and, ischemic heart conditions.

Although we cannot help most vets with service connected claims there are specific avenues veterans can pursue for assistance. Often while working with “non-service” connected pension issues and long term care planning, I come across useful resources for veterans seeking “service connected disability benefits”. Service connected benefits are the more often thought of benefits for veterans. This is the benefit that involves rating a veteran’s disability brought on directly from or during service and paying a monthly disability benefit.

A recent resource that I discovered is a website devoted to Vietnam Veterans and Agent Orange. A link to this website and newsletter can be found at: /http://files.ctctcdn.com/761af348101/79fe5db6-f624-4d0e-8f70-697eb1238f02.pdf

Of course, as always, if you have a question regarding your benefits, please call https://www.smdalaw.com

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Many deserving veterans are often overlooked when considering VA benefits to assist with the cost of long term care. Specifically, Merchant Marines, serving during World War II may qualify for VA Aid and Attendance. During Worl War II, Merchant Marines took up arms to assist in the Pacific and Atlantic to support Allied forces and to ensure that precious cargo and supplies continued during the Period of Armed Conflict, December 7, 1941, to August 15, 1945.

Michigan Merchant Marines serving during this time, can qualify for the same VA benefits that are available to their United States Navy brethren. Such benefits can provide up to:

$2,120.00 per month for a married veteran $1,788.00 per month for a single veteran $1,149.00 per month for a surviving spouse
These benefits can be sued to provide for home care, assisted living or full nursing care. To find out more about these benefits, please call SMDA, P.C. at 1-866-529-3537; or, (586) 264-3756; or, (616) 931-3670. If you do not immediately qualify to receive these benefits, you can, through planning.

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Now that you know the basic information about fiduciaries from our Fiduciaries: A Closer Look blog article, it is time to consider which individuals or entities are appropriate for these positions. If you live in Metro Detroit or West Michigan we can help you with your estate planning, but first you need to determine who will serve as your fiduciaries.

Personal Representative

The term personal representative applies to testate and intestate administration and replaces or includes the former titles of executor and administrator.

The personal representative’s primary job is to wind up the affairs of the decedent. It is a short-term job that entails locating and valuing assets, paying claims, taxes, and expenses; and making distributions to the beneficiaries. The role is quite different from the ongoing management role of a trustee.

It may be difficult to decide whether to name an individual or a corporate fiduciary. The corporate fiduciary typically is experienced in settlement procedures, professional asset management, and investment selection, but its fees may be too expensive for the estate. An individual, often a family member, is perceived as having the advantages of knowing the decedents affairs and the beneficiaries’ characteristics and personalities and being less costly to the estate.

Sometimes a testator prefers to name several persons, such as all of the children. The drawbacks of such an arrangement include complicated decision-making and administrative inconvenience that may lead to delay. Another drawback is the potential for miscommunication, especially when the parties are separated by distance. On the other hand, the arrangement may be the best choice when everyone should be included in settling the estate.

You should also name alternative nominees. There is no assurance that individual nominees will survive or will be willing to serve. Even a bank may decline to act under certain circumstances, or may not be in existence at the time of administration.

Trustee:

A trustee owns and manages property for the benefit of another. While the personal representative must quickly wrap up the decedent’s affairs, the trustee generally has a long-term management and investment function. Because of the differences in these respective job functions, you may have different nominees for each.

Because the function of a trustee is ongoing, you should select a trustee who most likely can serve the anticipated term of the trust. Banks offer the important advantages of permanence and stability. However, individuals may be more appropriate than banks, depending on the circumstances. The reason for creating the trust should influence the choice of trustee. If the purpose of the trust is for concerns that the beneficiary cannot manage their finances, then the trustee should have investment experience. If the purpose of the trust is to look after the daily welfare of a person, then a trustee should be someone who can take time to listen to, and make personal arrangements for, the beneficiary as well as handle investment and tax matters.

Guardian:

A guardian is appointed by the probate court or designated by parental or spousal nomination in a will or other document to exercise powers over a minor or legally incapacitated individual. MCL 700.1104(l). Generally, a guardian “has the powers and responsibilities of a parent.” MCL 700.5215.

Choosing a guardian for a minor or legally incapacitated individual is very important. Many young couples are concerned about a family fight over custody if the children are orphaned, or they fear that someone will be appointed who does not share their philosophies about child rearing.

Selection Considerations:

o Does this individual live in Michigan?
o If you appoint a couple, what happens if they get divorced or one dies?
o Does this individual share your child rearing philosophy?
o Does this individual have the financial ability to raise the children?
o Does this individual have other children?
o Does this individual want to raise your children?
o Does this individual travel frequently, or work long hours?

Conservator:

A conservator exercises full powers over the assets of a protected person. MCL 700.1103(h).

The conservator’s role is to manage and invest assets. Thus, only persons or institutions with skills in those areas should be candidates for nomination. Generally, the guardian will also be nominated as conservator. However, if this individual cannot manage money, then you may want to choose a different conservator.

If you are considering your estate plan, we can help. Serafini, Michalowski, Derkacz & Associates, P.C. is a general practice firm specializing in Estate Planning, Probate, Elder Law, Personal Injury, Disability Benefits, Bankruptcy, Family Law and Criminal Defense. We may be reached at 1 (866) 529-3537; in Metro Detroit at (586) 264-3756; or in West Michigan at (616) 931-3670.

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So you live in Michigan and have finally decided to create an estate plan and it is time to choose a fiduciary – but what does that really mean?

A fiduciary is an individual that stands in a special relation of trust, confidence, or responsibility in certain obligations to the testator. Michigan law creates several different types of fiduciary positions for estate planning.

Fiduciaries, such as a personal representative and trustee, owe obligations of prudence, reasonableness, and loyalty to the person for whom he or she acts.

A personal representative settles an estate in Michigan. In general, the personal representative must observe the “standard of care applicable to a trustee” and must settle the estate “as expeditiously and efficiently as is consistent with the best interests of the estate.” MCL 700.3703(1). For these purposes, the personal representative has broad authority to engage in a wide range of transactions.

A trustee has “all powers over the trust property that an unmarried competent owner has over individually owned property” and “[a]ny other powers appropriate to achieve the proper investment, management, and distribution of the trust property.” Thus, absent a restriction in the statute or the trust instrument, a trustee possesses very broad powers to act, so long as the powers are used prudently and in line with the purposes of the trust.

A power of attorney is a person that has powers conveyed to him or her through state statute. A person is selected as an “agent” by the document signor. Often, the agent is also referred to as an “attorney-in-fact” or “power of attorney”. As noted in our prior post, a power of attorney can convey specific or general all encompassing powers to an agent. The power of attorney is designed to avoid BOTH guardianship and conservator pursuant to state law.

Although fiduciaries are granted broad authority, they are critical for the distribution of your estate. Thus, is it important to carefully consider which individuals can be trusted with this power, and who will use this power to your benefit, by administering your estate in the most favorable manner.

For more information on the selection of fiduciaries, as well as, a more in depth discussion on their powers, contact your Michigan estate planning attorneys at Serafini, Michalowski, Derkacz & Associates, P.C. at either 1 (866) 529-3537; locally in Metro Detroit at (586) 264-3756; or, in West Michigan at (616) 931-3670.

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Unlike conventional estate planning documents that deal with transfer of property to beneficiaries upon your death (i.e. last will and testament, or revocable trusts) the durable power of attorney operates during your lifetime and allows you to chose individuals to act on your behalf. At Serafini, Michalowski, Derkacz & associates, P.C., our estate plans generally include durable powers of attorney, as these documents are just as important as wills and trusts.

A power of attorney allows a person (the principal) to authorize another person (the agent) to act in his or her place. In Michigan, a Durable Power of Attorney (DPOA) is defined as a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney is not affected by the principals subsequent disability or incapacity, or by the lapse of time” (DPOA Effective upon Execution) or “This power of attorney is effective upon the disability or incapacity of the principal” (DPOA Effective upon Disability).

A Durable Power of Attorney Effective upon Execution allows the agent’s authority to begin immediately after the written DPOA is signed. There are dangers in allowing an agent’s authority to begin immediately, and you should consider whether you trust the agent to have this power when you are not disabled. Although dangers are associated with a power that is immediately effective, there are also advantages. A primary advantage to making the DPOA effective immediately is that it eliminates the need to produce evidence that the agent’s authority has been triggered. A DPOA effective upon execution is generally favorable to married couples, where the benefit of acting anytime outweighs the concern of giving the agent too much power while the individual can make their own decisions.

A Durable Power of Attorney Effective upon Disability is contingent on the event of disability and protects against the possible unintended use of the power by the agent while the principal is not disabled. The problem with DPOA’s effective upon disability is that the principal must be declared disabled. An individual is declared disabled by court determination or the written certification of two licensed physicians. A DPOA effective upon disability is best for single individuals that do not want their agent to bind them during periods when they can make their own decisions.

Although a DPOA can be broad or specific, the agent generally has powers to handle the following:
1.) Collection and management of real or personal property 2.) Buying and selling of real property 3.) Borrowing money 4.) Business 5.) Banking 6.) Tax returns and reports 7.) Safe-deposit boxes (access to and removal of property from)
8.) Proxy rights 9.) Government benefits 10.) Employment benefits 11.) Legal and administrative proceedings 12.) Life insurance 13.) Transfers in trust 14.) Delegation of authority
For more information regarding powers of attorney, contact your Michigan estate planning attorneys at 1 (866) 529-3537.

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Estate planning for Michigan residents has become more user friendly over the past few years with the introduction of the Michigan trust Code (MTC) in 2010 and the Estates and Protected Individuals Code (EPIC) in 2000 it is clear that individuals have more power in preparing their own estate planning documents. Despite the more user friendly law, one thing remains clear-in order for changes to be effective they most clearly state the trust maker or testator’s intent.

Many individuals think that once they have created an estate plan, they are protected for their lifetime. Unfortunately, that is incorrect. Estate plans need to be updated every three years, or after any major life event or death. Whether to update an entire estate plan, or simply execute a codicil, depends on the circumstances.

A codicil is an amendment that may change a provision in, or add new material to, an existing will. A codicil must meet the same statutory requirements that apply to will executions (i.e. signed by the testator, witnessed by two individuals, etc.) Otherwise, no specific form is required. However, because the codicil is only an amendment to the will, certain problems arise in terms of integration. The codicil must be read and interpreted in the context of the entire estate plan, so it must be consistent; otherwise, it will cause confusion and ambiguity, and may defeat the testator’s wishes. A codicil should identify the will being amended by date of execution. Each amendment should be long enough to be read coherently on its own. For example, rather than changing one sentence, it is best to re-write the entire paragraph.

When a testator signs a codicil, he or she is deemed to have restated all of the unchanged provisions of the will. This implied restatement is commonly referred to as republication of the will. Nevertheless, the testator should state explicitly that the balance of the prior will is ratified and confirmed.

A codicil may be simultaneously executed and attested, and both the codicil and the original will made self-proved, by acknowledgment of the will by the testator and two witnesses’ sworn statements in front of a notary public. As an alternative, a codicil can be made self-proved without the presence of a notary if the testator and two witnesses sign written statements declaring under penalty of perjury the facts regarding the testator and the formalities observed at the signing of the will.

In conclusion, codicils have the potential for creating confusion and error. This suggests that codicils should be used only when making very simple changes to wills, such as when a testator wants to change the guardians for minor children or change the personal representative. Otherwise, and more frequently, it is best to update your entire estate plan.

Easy enough? It can be is you call SMDA Law at either 1-(866) 529-3537; in Metro Detroit (586) 264-3756; or, in West Michigan, (616) 931-3670.

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Recent headlines indicate that there will be significant changes with the Department of Veterans Affairs (VA). If you are in metro Detroit or the Grand Rapids area, we can help explain these changes.

Many of these changes are caused by the backlog of applications for “service connected” pension benefits and healthcare benefits. A recent article in the Washington Post suggests that the problem not only exists within the Department of Veterans Affairs but extends into the Social Security Administration and other governmental agencies.

Despite the backlog, the federal government through the president’s executive order maintains that applications for “non-service” connected benefits, including improved pension and aid and attendance benefits will continue to be processed in a timely fashion.

The executive order entered in 2012 did many things. In addition to reallocating resources within the VA to process new applications for non-service connected benefits, the VA also eliminated the need to file the annual Expense Verification Report (EVR), formerly an annual requirement for continued eligibility.

For now, you can reasonably expect that most non-service benefit applications will be processed in under six (6) months, if they are filed timely, are complete, accurate, and prepared using the services of a Veteran Service Organization (VSO) or accredited agent.

If you need assistance with an application for non-service connected benefits, improved pension benefits, or aid and attendance, our firm can help locate an accredited agent, VSO, or assist you with the application itself for no charge.

Call first, act second. 1 (866) 529-3537.

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Recent headlines indicate that there will be significant changes with the Department of Veterans Affairs (VA). If you are in metro Detroit or the Grand Rapids area, we can help explain these changes.

Many of these changes are caused by the backlog of applications for “service connected” pension benefits and healthcare benefits. A recent article in the Washington Post suggests that the problem not only exists within the Department of Veterans Affairs but extends into the Social Security Administration and other governmental agencies.

Despite the backlog, the federal government through the president’s executive order maintains that applications for “non-service” connected benefits, including improved pension and aid and attendance benefits will continue to be processed in a timely fashion.

The executive order entered in 2012 did many things. In addition to reallocating resources within the VA to process new applications for non-service connected benefits, the VA also eliminated the need to file the annual Expense Verification Report (EVR), formerly an annual requirement for continued eligibility.

For now, you can reasonably expect that most non-service benefit applications will be processed in under six (6) months, if they are filed timely, are complete, accurate, and prepared using the services of a Veteran Service Organization (VSO) or accredited agent.

If you need assistance with an application for non-service connected benefits, improved pension benefits, or aid and attendance, our firm can help locate an accredited agent, VSO, or assist you with the application itself for no charge.

Call first, act second. 1 (866) 529-3537.

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Are you a senior residing in Macomb, Oakland, Wayne, Ottawa or Kent County and receive Medicaid benefits for your spouse residing in a nursing home?

If so, you need our help. Proposed changes to Medicaid regulations will expose people to the danger of losing benefits or incurring divestment penalties. Michigan Medicaid regulations provide that married couples eligible to receive long term care Medicaid benefits have one year form the date of initial eligibility to transfer all assets, other than the applicant’s primary account, to the well spouse or “community” spouse’s name.

Although this was always the law, the Department of Human Services (DHS) never truly enforced this policy. Proposed changes will require the community spouse to provide proof that assets disclosed on the initial application for benefits that were jointly owned were transferred to his or her sole name. If assets were not fully transferred, then the qualified spouse will become disqualified to receive benefits and will have to re-qualify for Medicaid benefits.

Further, it will also allow the DHS to investigate if assets that were held jointly or solely were “divested” or given away during the first year of eligibility. Assets cannot be divested following Medicaid eligibility. However, assets transferred to the community spouse and transferred after the initial re-determination appear to be exempt form this rule.

These changes are schedule to hit in October of 2012. The best way to avoid Medicaid post eligibility problems is to plan properly with an elder law attorney.

Sound complicated? If so, please call. We can help.

Call first… Act second.

The attorneys at Serafini, Michalowski, Derkacz and Associates, P.C. are ready to help. Serving southeast Michigan and metro-Detroit in Macomb, Oakland, and Wayne County, through its Sterling Heights office; and, west Michigan in Kent and Ottawa County through its Zeeland office.

Free consultation, by appointment only, (586) 264-3756, (616) 931-3670, or, 1 (866) 529-ELDR.

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Not only can Serafini, Michalowski, Derkacz and Associates, P.C. provide seniors, veterans and their families with long-term care and benefit planning, it can also provide insight and planning for seniors and their families needing assistance with Medicaid for nursing home care. Moving into the West Michigan area in order to assist families and seniors with their care-giving needs, the firm will provide expert legal advice to solve elder law and other legal problems.

Nursing home planning creates eligibility for Medicaid sooner than otherwise would be available through traditional “spend down” strategies. Money and assets can be preserved even at the time of nursing home admission. For most seniors entering a nursing facility, 50% to 70% of an individual’s assets; and, up to 100% of a married couple’s assets can be protected through effective elder law planning. The key is to find an attorney that is skilled in the practice of elder law to use long term care planning strategies. By planning, families can care for their loved ones and protect their assets to supplement the quality of care and provide for the upkeep and maintenance of a protected homestead.

Serafini, Michalowski, Derkacz and Associates, P.C. provides expertise in elder law, veteran’s benefits, estate planning, probate and other matters. Attorneys are available to serve seniors and their families residing in Ottawa County, and, Kent County through the firm’s Zeeland, Michigan office.

Remember, if you need assistance with veteran’s benefits, Medicaid, or long term care planning…

Call first… Act second.

Free consultation, by appointment only, (586) 264-3756, (616) 931-3670, or, 1 (866) 529-ELDR.

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I recently came across an article regarding Alzheimer’s Disease. Alzheimer’s Disease is becoming more and more prevalent as our population ages. It remains as a medical mystery to many physicians and specialists treating the disease.

The complete text of this article can be found by clicking on the link to the remainder of this entry.

Personality and Behavior When your loved one changes….
Coping with Alzheimer’s Disease

Alzheimer’s disease is an illness of the brain. It causes large numbers of nerve cells in the brain to die. This affects a person’s ability to remember things and think clearly.

People with Alzheimer’s Disease become forgetful and easily confused. They may have a hard time concentrating and behave in odd ways. These problems get worse as the illness gets worse, making your job as caregiver harder.

It’s important to remember that the disease, not the person with Alzheimer’s Disease, causes these changes.

There are three main challenges that you may face as you care for someone with Alzheimer’s Disease.
changes in communication skills changes in personality and behavior changes in intimacy and sexuality Changes in personality and behavior
Because Alzheilmer’s Disease causes brain cells to die, the brain works less well over time. This changes how a person acts. You will notice that he or she will have good days and bad days.

Here are some common personality changes you may see:
Getting upset, worried, and angry more easily Acting depressed or not interested in things Hiding things or believing other people are hiding things Imagining things that aren’t there In addition to changes in the brain, the following things may affect how people with Alzheilmer’s Disease behave.

How they feel:
Sadness, fear, or a feeling of being overwhelmed Stress caused by something or someone Confusion after a change in routine, including travel Anxiety about going to a certain place Hallucinations and delusions
During a hallucination, a person sees, hears, smells, tastes, or feels something that isn’t there. For example, the person may see his or her dead mother in the room. He or she also may have delusions.

Paranoia
Paranoia is a type of delusion in which a person may believe-without a good reason-that others are mean, lying, unfair, or “out to get him or her.” he or she may become suspicious, fearful, or jealous of people.

In a person with Alzheilmer’s Disease, paranoia often is linked to memory loss. It can become worse as memory loss gets worse.

click here to read full article http://cambridgehealth.org/index.php/when-your-loved-one-changescoping-with-alzheimers-disease
Gabriella Williams | Communications Director, Cambridge Health www.cambridgehealth.org.

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Estate Planning – More Than Just Avoiding Probate
Besides the obvious and often exaggerated fears of dealing with the probate court, such as lack of privacy and added cost, there are other important reasons to avoid probate that attorneys might not tell you. After the loss or incapacity of a loved one, family members are naturally bewildered and stressed out. Most go through different stages of grieving while others skip right to anger and disbelief. Add to this volatile mix, years of childhood hurt and unspoken frustration, and you have an expensive battle where no one wins, except the attorneys.

This battling can literally rip families apart. That is why it is so important to have the necessary estate planning documents, such as a trust, will and durable power of attorney for both financial and healthcare in place. It is also important to review these documents with your family. This way your wishes will be legally documented and your family can focus on grieving for their loss and not on fighting over what needs to be done.

Our office specializes in preparing the appropriate estate plan to help you and your loved ones focus on what is really important during stressful times. If you would like to make sure your wishes are known and your family can rest easy, call our office now. We would be happy to help.

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I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

I recently wrote on the topic of “Do It Yourself” estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

Related Posts: Michigan Veteran Mistreatment Leads to Statewide Shakeup, VA Benefits 2016 Cost of Living Adjustment, Medicad Changes for Spouses at Home, Michigan Vietnam Vets

Michigan’s Department of Human Services (DHS) is the administrative branch responsible for administering and managing the state’s Medicaid program. This branch of government is responsible for setting the Medicaid eligibility criteria each year. Recently, the DHS released its financial eligibility criteria.

The new community spouse resource allowance is a minimum of $21,912.00 and a maximum of $109,560.00. This number is important for married persons with a spouse in the nursing home. It determines how much in cash and otherwise non-exempt assets the spouse living in the community will have to spend down before qualifying for Medicaid.

The community spouse income allowance, which is the income that the community spouse can keep each month and not have to pay to the nursing home has been increased from a minimum of $1,750.00 to $2,739.00. The new utility allowance (which provides additional income protection for the community spouse above the minimum protected amount) is $550.00 per month. However, it is important to note that these numbers do not adjust until April of this year.

An important change to note is the update to the divestment rules. If you recall, from my previous post, divestment is a gift by an individual prior to applying for Medicaid benefits. Any gift made is divided by the “penalty divisor” to calculate the length of time the individual will be ineligible to receive benefits. The new penalty divisor is $6,362.00. Accordingly, for every $6,362.00 gifted by a nursing home patient, within the look back period, the state will withhold nursing home care for 1 month. As a result, if an applicant gives away $63,620.00 during 2009 and needs nursing home care, the state will impose a penalty of 10 months.

For many seniors, these numbers may be discouraging: particularly those related to the community spouse. DHS will require an unadvised senior to spend down to ½ of the family’s total assets with a maximum of $109,560.00 before qualifying for Medicaid. Furthermore, the income allowance is very seldom any higher than $1,750.00 based on cost of living expenses alone.

Despite these limits, it is still possible to save more than the normal allowances. Only a well versed elder law attorney can assist you with preservation of your assets and provide you or your family with the care that you deserve.

If you need assistance with Medicaid or nursing home planning, please contact our office.

Related Posts: Michigan Veteran Mistreatment Leads to Statewide Shakeup, VA Benefits 2016 Cost of Living Adjustment, Medicad Changes for Spouses at Home, Michigan Vietnam Vets

Frequently, veterans that are residents of Macomb County who need assistance will consider applying for Medicaid benefits in addiiton to VA benefits. If you or your family fall into this category, it is important to understand the interaction between the different care systems as well as the differences in application of federal and state regulations.

Michigan Medicaid benefits fall into two categories: community based; and, long term care benefits. For the purposes of this discussion, we will consider long term care benefits. In order to qualify for this benefit, you must be: (1) over 65 and confined to a long term care facility; (2) be asset eligible; (3) be medically eligible; and, (4) reside at a facility that is certified to receive Medicaid benefits. In addition to this criteria you must also be free of any divestment penalties. Most people know this rule as the five (5) year “look back” period-and few actually understand what it means.

Pursuant to Medicaid regulations a divestment penalty is incurred for any transfer of an asset by an applicant for less than fair market value. This includes any sale of an asset for less than it is worth, any gift of an asset, or any other transfer in title to an asset. The resulting affect of such events is a one month penalty of ineligibility for every $6,300.00 of value transferred. The resulting penalty would begin to “run” when the Medicaid applicant is otherwise eligible to receive Medicaid benefits. While Medicaid has a “look back” period, the VA system does not. In fact, federal regulations provide that gifted assets prior to application for benefits should not be considered as part of the approval assets. However, any gifts made prior to application for VA benefits will trigger Medicaid penalties, if nursing home care occurs within five (5) years of the transfer. Accordingly, if you engage in Medicaid or VA planning it is important to work with an accredited individual that understands both Medicaid law and VA benefit planning, in order to avoid costly errors.

Finally, it is also important to understand that once a veteran or his or her spouse becomes eligible to receive Medicaid benefits in a nursing home, his or her VA aid and attendance benefits will be reduced to the amount of ninety (90) dollars a month. This is because the Aid and Attendance benefit is intended to provide a benefit to essentially keep a veteran out of a nursing facility. The benefit is more or less designed to provide supplemental income for veterans that require help and assistance and not necessarily 24 hour care. However, despite its limitations, if the proper planning is performed, it is possible to use the benefit to provide care, similar to the care that is provided at nursing homes, in assisted living facilities and senior independent living facilities that offer health care and assistance. In metro Detroit, veterans can find such care in several different facilities. In Sterling Heights and Macomb county, veterans will frequently look at moving into Pine Ridge, American House, or Oak Haven facilities.

Related Posts: Michigan Veteran Mistreatment Leads to Statewide Shakeup, VA Benefits 2016 Cost of Living Adjustment, Medicad Changes for Spouses at Home, Michigan Vietnam Vets