From the category archives:

Asset Protection

Retirement Assets and Medicaid Planning

by Jerrold Bartholomew April 7, 2008

Retirement assets (401ks, IRAs, etc) are considered available assets for purposes of Medicaid qualification in Michigan. In simple terms, that means that those funds have to be spent down until the threshold for asset eligibility is met. In the case of a single person, asset eligibility is generally about $2,000.00, with some additional allowances for [...]

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An asset protection plan is vital to a secure retirement

by Jerrold Bartholomew March 31, 2008

Retirement for many people is defined as the time when they are able to live off of the income from their assets combined with Social Security and perhaps a pension. But anything from a car accident to a stay in long-term care can quickly deplete retirement assets and jeopardize the fruits of a lifetime’s work. [...]

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Elderly Often Financial Victims

by Jerrold Bartholomew March 22, 2008

In my practice I have all too often I found evidence that my elderly clients have been victims of financial abuse in one way or another. This story shows just how common the phenomenon is:
Motivated by the high interest rates and the fear that Jeannetta, at least, might outlive their savings, the Mounceys drained [...]

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Free Durable Power of Attorney: Further Thoughts

by Jerrold Bartholomew March 10, 2008

Mr. David Goldman has raised some interesting points regarding the free durable power of attorney posted here and free durable power of attorneys generally. There are many problems with such documents and I have mentioned them in the previous post. Above all, you should certainly understand that any decision you make to use such documents [...]

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Medicaid Application for Long Term Care Assistance

by Jerrold Bartholomew March 7, 2008

The process is of applying for Medicaid long term care assistance can be somewhat difficult. The documentation requirements can be voluminous and the process will typically take at least 45 days. I have seen several recent cases take as long 4 months to be approved.

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Late Life Divorce and Asset Protection

by Jerrold Bartholomew March 5, 2008

Many Elder law attorneys advise loving couples to pursue divorce as a method of asset protection. I have never found the technique necessary and, frankly, find the approach ethically questionable. Alternatives exist for both pre-planning and crisis planning that avoid the murky waters of a consensual divorce between an otherwise happily-wed pair. It is [...]

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Protecting the Homestead: Part 2

by Jerrold Bartholomew March 4, 2008

Before the Deficit Reduction Act was signed in February of 2006, it was relatively easy for an elder law attorney or a well-informed layperson to set aside money to pay for the upkeep of a nursing home patient’s homestead. A simple contract could be created and assets transferred to a responsible relative who would pay [...]

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Is Long Term Care Insurance a Good Idea?

by Jerrold Bartholomew March 4, 2008

This article provides some preliminary answers to an important question for today’s retirees and elderly: Is long term care insurance a good idea?
In general, I advise clients to get long term care insurance. The effects of being unprepared for this financial tsunami are too overwhelming to do otherwise. But be careful and be informed.
Among your [...]

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Constant Change in Medicaid Eligibility Rules

by Jerrold Bartholomew March 1, 2008

When President Bush signed the Deficit Reduction Act of 2006, the states began to implement that law through a steady patchwork of regulations. Michigan issued revisions to Medicaid qualification rules on a quarterly basis throughout 2007 and there is no reason to think that this pace will slow down in 2008. I will be posting [...]

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Long Term Care Insurance for Everyone?

by Jerrold Bartholomew March 1, 2008

States have begun to encourage all citizens to obtain long term care insurance as part of the Deficit Reduction Act. No one likes paying premiums on insurance, but for those of modest means, the premiums are especially burdensome and the benefits, considering that Medicaid is available when the assets run out, negligible. According to this [...]

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