Michigan Elder Law Blog

We previously blogged on how the French are seeking new ways to manage Alzheimer's care. In a related story, the Chinese are moving to enforce care for older parents.

Some interesting highlights from the law:

1. Children have a responsibility to visit their parents.

2. Requires children to support their elderly parents.

3. Calls for the government to provide services for the elderly population in poverty.

4. Calls for taking the elderly into account in economic planning and urban design..

While the effectiveness of this law is subject to debate, it is interesting to see how other countries are dealing with the treatment of their elderly citizens.

If you have an elderly loved one and would like to meet with an experienced Michigan Elder Law attorney regarding the options available to them, call the attorneys at Barsch & Joswick, PLLC today for a free consultation.

Happy Holidays! It's the time of the year when we gather with those closest to us to celebrate the holidays. For some of us, this is the only time of the year we get to see family and friends. Often, when we only see a friend or relative once or even a few times a year, the change is more pronounced, whether it's weight loss, a new hairdo, or, in the case of our elderly relatives, their ability to care for themselves. Often, the reason is a decline in memory, usually as a result of memory related illness such as Alzhiemer's or dementia.

This article discusses a few important topics to discuss if you have elderly loved ones:

1. Make a plan. Your parent or loved one needs to prepare for the day when they will no longer be able to make their own decisions. This includes drafting a comprehensive estate plan with an experienced Michigan Elder Law attorney such as the attorney's at Barsch & Joswick, PLLC.

2. Be transparent. Discuss your affairs with your loved ones. Let them know where you keep your important documents. Provide them with a list of your accounts and the contact information of your professional advisors, such as your attorney, CPA, and financial planner. Also discuss your wishes with them. This will make it easier if they have to make tough decisions, such as for end of life matters, down the road.

3. Seek professional help. Resources are available to you. At a minimum, contact an experienced Michigan Elder Law attorney. Also, consider consulting with a geriatric care manager to assist with care and placement decisions or join a support group for individuals with elderly loved ones. Remember, you are not alone.

If you have a loved one who is not able to live alone, contact the experienced Michigan Elder Law attorneys at Barsch & Joswick, PLLC today for a free consultation.

The French, while often maligned by Americans, are seeking new ways to manage Alzheimer's care. This article discusses the $2 billion plan launched by the French in 2007 to improve ways of caring for people with Alzheimer's disease. Specifically, France's approach includes:

1. Boosting medical research;
2. Creating new local memory clinics and research centers;
3. Integrating regional social services and health care;
4. Improving quality of home care;
5. Expanding training for doctors and other staff; and
6. Enhancing day-care centers, night sitting and temporary accommodation.

Continue reading "Maybe We Can Learn Something from the French" »

More and more people in the United States are childless. According to census data, in 2010 nearly 19% of women age 40 to 44 had not given birth, compared to 10% in 1980.

This raises an interesting question - who will take care of these individuals as they age? This article provides an interesting discussion on what childless individuals should do in order to ensure their needs are meet. Some helpful tips from the article:

1. Set up Powers of Attorney (Health & Financial). This will help ensure that people you trust will carry out your financial and medical (care, custody, and placement) wishes if you are unable to;

2. Consider long-term care insurance. We've previously blogged on this topic here and here. If you can afford, it's something childless individuals should consider purchasing;

Continue reading "Childless and Aging" »

The state of Michigan has issued for comment a proposed change to BEM 402. The change deals with married couples, specifically the transfer of joint marital assets to the community spouse during the presumed asset eligibility period. Under the current Medicaid policy, upon Redetermination, which occurs one year from the date of the original application, the applicant just has to show that the spouse in the nursing home has less than $2,000.00 in their name.

Under the proposed change, the caseworker upon Redetermination will now be able to verify that all assets are still owned by the community spouse, and that no divestments have occurred.

The Medicaid policy is ever changing in Michigan. It is important that if you have a loved one in need of long term skill care that you meet with an experienced Michigan Elder Law attorney, such as the attorneys at Barsch & Joswick, PLLC. Call today for a free consultation.

I just read a great article as to why estate planning is important. Some important points from the article:

1. Estate planning must be done while still competent. If one is not competent, they cannot execute legal documents such as a Last Will and Testament; Trusts; and Powers of Attorney. If an individual is incompetent, then the only way to manage one's legal affairs and make legal decisions is through the Probate Court (Conservator for finances, Guardianship for for health care and custodial decisions, and to handle one's estate at death).;

2. Have a conversation with your mom or dad about estate planning. As them if they have an estate plan. If they do not, suggest making an appointment with an experienced Elder Law attorney.;

Once they meet with an experienced Elder Law attorney, the individual's personal circumstances can be evaluated (financial, family, etc), recommendations can be made, and the appropriate documents (Wills, Trusts, Powers of Attorneys, Deeds, etc), can be prepared.

As the article mentions, prior to the documents being executed, it is important to discuss the particulars with your appointed Successor Trustee, Personal Representative, Power of Attorney, etc. Make sure they are aware that you would like to appoint them to act on your behalf when you are unable to do so and that they are up to the task. Better yet, have them discuss with your attorney what their rights and responsibilities are when serving as a Trustee or a Power of Attorney.

If you or someone you love does not have an Estate Plan, contact the experienced Michigan Estate Planning and Elder Law attorney's at Barsch & Joswick, PLLC today for a free consultation.

Twenty nine states have "financial support" laws that can be used to go after patient's adult children for unpaid long-term care bills. As this article discusses, nursing homes in these twenty nine states have started to use these laws as a way to obtain reimbursement from families for their loved ones bills.

As of now, Michigan does not have a similar law. However, in light of the still perilous financial condition of the state, I would not be surprised to hear talk in Lansing of Michigan adopting a similar statute to the financial support laws that are in effect in those twenty nine other states.

While Michigan does not have a financial support law, Michigan does have what is know as Estate Recovery. Estate Recovery allows the state to file a claim against the estate of any individual who received Medicaid benefits while in a long term care facility.

The best defense against such laws is the meet with the experienced Michigan Elder Law attorney's at Barsch & Joswick, PLLC. As elder law attorneys, we can provide you with the expertise necessary to navigate the ever changing laws, ensure that you won't be left paying your loved one's bills, and ensure that your loved one's assets will be protected. To find out more, call today for a free consultation.

Last month there was an emergency competency hearing in Tennessee for John Witherspoon. Does that name sound familiar? John Witherspoon is the father of Oscar winning actress Reese Witherspoon.

Mary Witherspoon, John Witherspoon's wife of 42 years, recently read in her local paper that John had married Tricianne Taylor. Mary is seeking to have the marriage annulled as she is still legally married to John, and Reese and her brother asked the judge to place their father under a conservatorship as he is not in the right state of mind and may be suffering from the early stages of dementia.

A court order placing John under a conservatorship is necessary in situations such as this to protect John's finances and to prevent him from having a relationship with his "new" wife.

If you have a loved one who is exhibiting signs of mental incapacity and you fear they may be taken advantage of by others and aren't sure what to do, call the experienced Michigan Estate Planning and Elder Law attorneys at Barsch & Joswick, PLLC today for a free consultation.

I recently came across an interesting and informative article that I thought would be of interest to our readers. Many baby boomers are likely to receive less money from their parents than thought. Additionally, they may have to help their parents financially. One of the main reasons for this is people are living longer, thereby increasing the odds they will need long term skilled care in the future. At the average cost of $7,000.00 per month, it is easy to understand how quick money can go.

However, there are strategies that can be implemented to protect and preserve a loved ones assets should they require long term skilled care. It is crucial that your parent's have a comprehensive estate plan, which will allow you to implement the strategies necessary to protect and preserve their assets. As experienced Michigan Elder Law attorneys, we can assist families in drafting their estate plan, and ultimately implementing the strategies to protect and preserve their assests. This will ensure that mom and dad's assets pass to the next generation, which is why they worked so hard and saved over the years.

To find out more, call the experienced Michigan Estate Planning and Elder Law attorneys at Barsch & Joswick, PLLC today for a free consultation.

I came across an article this weekend that I thought would be of interest to our readers. As the headline says, it is becoming increasingly more complex for individuals in long term skilled care facilities to qualify for Medicaid. The criteria to qualify for Medicaid is updated quarterly and what was an effective planning technique a year ago or even a few months ago may not be an effective planning technique today. A couple examples of recent changes in the Medicaid laws are extending the look back period for gifts to 5 years from 3 years, and the implementation of estate recovery.

The article gives a couple helpful tips as to how to protect and preserve your assets and still qualify for Medicaid. The most important tip, and one that I cannot stress enough, is to seek professional help. The Medicaid laws are increasingly complex so it is important that you meet with an attorney that specializes in elder law. Many attorneys who aren't experienced elder law attorneys often times are unaware of the strategies that can be implemented to qualify an individual in a long term skilled care facility for Medicaid. By meeting with an experienced elder law attorney, you ensure that you will receive the proper advice on how to provide your loved one with the greatest quality care at the least cost to the family.

Continue reading "Medicaid Gets Harder to Tap" »

I read an article over the weekend that discussed a couple of new resources available for caregivers. As anyone who has ever cared for an elderly relative can attest, it can be overwhelming. Caregiving can be a full time job. With most caregivers having their own careers and families to take care of as well, the "burn out" factor of caring for a loved one is high. That's why it's important to take advantage of every resource available, including engaging an experienced Michigan elder law attorney.

Some interesting facts from the article:

1. More than 43 million Americans serve as unpaid caregivers for adults who are 50 and older;

2. Nearly one in four say they have difficulty coordinating care;

3. The financial toll on family caregivers who are 50 or older averages $303,880 a person in lost lifetime wages, pensions and social security benefits.

4. The toll on one's health can also be significant. Taking care of a family member with Alzheimer's disease could make your own health care bills increase by an average of $4,766 per year.

Continue reading "New Resources for Caregivers" »

As experienced Michigan elder law attorneys, clients often come to us when they are considering placing a loved one in a nursing home. This is not an easy decision to make. Unfortunately, it is one that many of us will have to make; as the time may come when a loved one needs care that can only be provided in a long term skilled care facility, such as a nursing home.

One of the first questions a client will ask is "how do I pick the right nursing home?" The Detroit Free Press recently ran an extensive special report on nursing homes in the state of Michigan. This special report included tips on how to pick the right nursing home. The article provides families a helpful score card to help them evaluate nursing homes and decide which one would be best for their loved one. Some important factors to consider are: what are the state inspection reports; does the facility meets your loved ones needs (ex if your loved one has Alzheimer's, do they have a track record of residents wandering away?); and how much input will the family have in the care plan, of their loved one.

Another question client's often ask ish "how will we pay for nursing home care?" With the cost of long term skilled care in Michigan costing approximately $7,000.00 per month, many families are worried that placing a loved one in the nursing home will effectively bankrupt them, particular the spouse that remains in the community. However, there are strategies that families can be implement to protect and preserve their assets, while at the same time ensuring that their loved one receives the greatest quality of care at the least possible cost to their family.

Continue reading "How to Choose the Right Nursing Home in Michigan" »