From the category archives:

Asset Protection

Tougher estate recovery coming to Michigan?

by Jerrold Bartholomew November 20, 2008

The Center for Medicare and Medicaid Services (CMS) has apparently rejected Michigan’s proposed estate recovery program. Michigan’s proposed legislation was unique not only for being last in the union to be enacted, but also for being exceptionally lenient. It is therefore reasonable to assume that Michigan will be required to enact a more aggressive approach [...]

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Getting the most from veterans’ benefits

by Jerrold Bartholomew September 19, 2008

Many veterans are unaware of the Aid and Attendance Pension that is available to help them with their medical expenses, which include the cost of assisted living. Some veterans are simply unaware of this benefit. Others have been told that they do not qualify based on “having too much money.” It is important to understand [...]

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FAQ: Is my annuity protected from the cost of nursing home care?

by Jerrold Bartholomew September 17, 2008

Question: I purchased an annuity in 2007 in the hope that it would be protected from nursing home costs. I have heard some things in the news that make me wonder whether that money will have to go to the cost of nursing home care. What is the truth?
Answer: By itself, an annuity is either [...]

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FAQ: I have been turned down for Veterans’ Benefits. What now?

by Jerrold Bartholomew August 1, 2008

Question: I approached my local Veterans’ Administration office for information about the Aid and Attendance Pension. They told me I had too much money to receive the pension. But I have reoccurring medical expenses of more than $1,000.00 per month. Is there anything I can do?
Answer: This is a delicate situation. On the one hand, [...]

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New changes to Medicaid eligibility rules

by Jerrold Bartholomew July 27, 2008

The Michigan Department of Human Services has enacted several changes to the Medicaid eligibility rules recently that impact qualification for long-term care Medicaid.
Perhaps the most important change relates to divested assets (gifts) and the calculation of penalty periods. Generally speaking, the gifting of assets results in a period of ineligibility for Medicaid long-term care. Under [...]

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Caregiver Stress, Compensation, and Medicaid Qualification

by Jerrold Bartholomew July 12, 2008

Any adult caregiver who has control over a parent’s assets (such as by power of attorney, as a trustee, or through joint bank accounts) can be in a very dangerous position for several reasons.
First, adult caregivers who receive compensation are vulnerable to charges of undue influence, constructive trust and other damaging allegations. How do these [...]

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Medicaid Pre-Planning: How Is It Possible?

by Jerrold Bartholomew June 13, 2008

There are two apparently contradictory themes running throughout this blog and indeed the field of elder law in general. On the one hand, one is regularly advised to plan ahead for long-term care needs with asset protection trusts and similar techniques. On the other hand, the law changes so rapidly in Medicaid qualification that pre-planning [...]

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Increasing the Community Spouse Resource Allowance

by Jerrold Bartholomew May 3, 2008

When one spouse requires long-term care in Michigan, the Department of Human Services will do an assessment of the couple’s total resources. Without any planning or asset positioning, the spouse at home will be permitted to keep 1/2 of the couple’s assets as of the date the spouse needing long-term care entered either the hospital [...]

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Understanding Medicaid Planning

by Jerrold Bartholomew April 24, 2008

Sue Schiebel has written an excellent article on Medicaid Planning. While her article concerns MassHealth, which is the Massachusetts Medicaid program, the rules and ideas explained are the same in Michigan. She writes:
A lot of middle-aged people don’t realize Medicare, the federal health insurance program, pays for a very limited amount of skilled nursing home [...]

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Learning to Juggle with Your Property

by Jerrold Bartholomew April 24, 2008

Many of my clients are uneasy about placing their assets into a trust as part of an asset protection plan. In order to demystify the process and help you understand why you might consider having a trust drafted for your specific needs, I would like to explain some of the reasons you might consider having [...]

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