FAQ: Why did Michigan enact estate recovery?

September 2, 2008

Estate recovery has been permitted under the Federal law since 1965. In 1993, the Federal law was changed to require states to have some form of estate recovery. Since that time, many different kinds of estate recovery programs have been enacted in different states. Michigan became the last state in the union to enact estate [...]

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FAQ: What is estate recovery?

September 1, 2008

Estate recovery is a state program created to recoup the costs of providing care to Medicaid long-term care recipients. Once a Medicaid recipient passes away, the state uses a variety of legal processes to take the remaining assets of that Medicaid recipient to the extent of Medicaid benefits provided. The state’s ability to take assets [...]

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

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 [...]

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FAQ: What assets are exempt from Medicaid qualification?

July 31, 2008

QUESTION: I have heard that you are allowed to keep some things and qualify for long-term care Medicaid. What are you allowed to keep? ANSWER: It is true that some property may be exempt for purposes of Medicaid qualification. And indeed, converting non-exempt assets to exempt assets is one valuable method of spend down. The [...]

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FAQ: Do I have to sell my home?

July 30, 2008

QUESTION: I am concerned about my parents. My dad just entered the nursing home. His care costs more $6,000.00 per month and my mother is almost out of savings. Does she have to sell the house (which is worth about $250,000.00) to pay for my dad’s care? And what about estate recovery? What is that? [...]

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New changes to Medicaid eligibility rules

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. [...]

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Senior years transformed by Internet

July 23, 2008

Who says that blogging and nursing homes don’t go together? There is a pair of stories in the news this week that contrasts different seniors’ comfort levels with the internet. The first is highlighted over at the Greatest American Lawyer, where Enrico Schaeffer posts on the death of the world’s oldest blogger: “An Australian woman [...]

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Current Scam Affecting Michigan Citizens

July 23, 2008

I recently received a letter offering a “Certified Copy” of the deed to my home. The offer explains that the Federal Citizen Information Center recommends that every home owner have a certified deed and that the National Deed Service could provide a deed for just $59.95. There actually is an article at the Federal Citizen [...]

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Canine Companionship Available to Seniors

July 20, 2008

I recently had a conversation with an elderly woman who lamented that her living circumstances did not allow her to have a pet. Isolation and loneliness can be a very real problem for many seniors who are often without family nearby or even pets for companionship. One partial solution to this problem is offered by [...]

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Litigating the Estate of Martin Luther King, Jr.

July 15, 2008

Recent litigation over the estate of Martin Luther King, Jr. provides an illustration of problems that can develop in the administration of a trust or estate and an opportunity to discuss ways to avoid disputes in estate and trust administration. In the case of the King family, Dexter King is president of the Estate of [...]

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