Estate Planning & Elder Law Blog

Now is a busy time for businesses as they wrap things up before year-end. But the holiday season can be stressful for a different reason when the owner or some of the employees are responsible for the care of aging family members on top of working full-time.

There are different types of care services available for elders and their caregivers, both in-person and online. Below, we will explore educational, financial, recreational, and supportive service options that can help develop a community for the senior in your life and for yourself in the caregiver role.

In a world where we are living longer, elder housing choices have become more plentiful and commonplace; but the terms used to describe these options have also created confusion. What is the difference between a home for the aged and an independent senior community? Is my loved one ready for a hospice center, or is a nursing home a better fit at this stage?

With advancing technology and ever-evolving science, it is no secret that we are living longer. As our elderly loved ones continue to get older, we want to be sure we are helping them through the aging process as smoothly and as painlessly as possible – not only for their sake, but for ourselves as caregivers.

In 2021, Michigan passed the Financial Exploitation Prevention Act (FEPA or Act) which took effect last September. FEPA sets forth new requirements on financial institutions to report financial exploitation of vulnerable adults to adult protective services and law enforcement in Michigan, and was a result of work led by the Department of Attorney General’s Elder Abuse Task Force.

This article was originally published in September 2019 and has since been updated with more current information.

To say that last year’s 2020 holiday season was strange and exhausting would be a massive understatement. With the pandemic raging out of control and the COVID vaccine unavailable to most, many families had to settle for Zoom parties in place of visiting with loved ones.

Even worse, grandparents and other family members more at risk of severe COVID outcomes were forced to shelter away from loved ones, creating even more mental stress, and loneliness.

This blog post was originally published in 2019 and has been updated to include the most current information.

Our country’s veterans selflessly sacrificed in service of others, but whether due to pride or lack of knowledge, many don’t take advantage of the help available to them after leaving the military. There are many valuable benefits available to veterans—from tuition to long-term care assistance—that often go unused. Many of those who are eligible are unaware that certain benefits exist. Others whose eligibility is uncertain don’t realize that an attorney can help them obtain the benefits they’ve earned.

Britney Spears’ 13-year old conservatorship is making headlines once again after a judge denied a 2020 request to remove Ms. Spears’ father as conservator of her finances. Ms. Spears delivered an emotional testimony at the hearing and indicated she may soon petition the court to end the conservatorship altogether. The resurgence of the #FreeBritney movement is a good opportunity to discuss the legality of conservatorships and how attorneys can help.

According to Michigan.gov, Michigan has over 1.2 million drivers that are age 65 and older. By 2025, it is expected that one in five drivers will be 65 and older. This is a trend that is sweeping across the country with more older drivers on the road than ever before. A person's ability to drive can mean everything to them; it serves not just as a means of getting from Point A to Point B, but it also represents their independence and personal freedom.

However data shows that driving gets riskier with age and while old age alone is not a reason to stop driving, a number of physical and mental conditions, such as dementia and vision/hearing impairment, can lead to an unsafe driver getting behind the wheel and possibly hurting themselves or others. So at one point does it become obvious that a senior driver must be told to give up the keys?

Please note that the information in the following blog post is meant to act only as a general guide. Medicaid is an extremely complex area and varies based on the individual. Your questions need to be addressed by an attorney with significant experience in the area prior to taking any action.

As we age and begin to need more assistance, we often hear the terms 'Medicare' and 'Medicaid' used interchangeably, but they are different on a number of fronts. Medicare is a federal program funded through tax payers and is based on age, although special circumstances such as certain disabilities, allow younger people to qualify. Medicaid is managed by individual states so the elements in the program can vary by region. Eligibility for Medicaid is based on income and resources available to the individual.

The COVID pandemic has and continues to take both a physical and mental toll on senior citizens. In addition to being the most vulnerable to the virus and having to endure long isolation periods from family and friends, the pandemic has also brought with it a whole new variety of frauds targeting older adults.

From increased unemployment to social and political unrest, COVID-19 has had far-ranging consequences beyond the obvious public health crisis. One area that deserves more attention is the increasing threat of elder abuse by those exercising undue influence over isolated seniors during the pandemic.

Over the past decade, there has been a rise in demand for Alternative Legal Service Providers (ALSPs). ALSPs are companies that provide legal services apart from the conventional paradigm of legal services and systems. They ultimately use legal technology in order to provide more efficient services in a faster span of time and with a drastically cheaper fee.

A year filled with many challenges, the end of 2020 draws near. We are, however, still far from being out of the woods. It would be a massive understatement to say that the last nine months of adapting to the "new normal" have been exhausting.

Today, in light of the current pandemic, our veterans continue to serve our country in ways that go above and beyond the normal call of duty.

After seven-plus months and with little end in sight to the pandemic, adults responsible for their elderly parents and other senior caretakers continue to do their best to protect the most-vulnerable as the threat and uncertainty looms.

It is no secret that 2020 has been a whirlwind. Over the past six-plus months, the pandemic has been especially difficult for seniors as many continue to shelter in place, away from friends and family.

The COVID-19 pandemic has caused many people to realize the need to create a plan for if the worst should happen. One of the most important components for ensuring a smooth process after death is executing a will. A will provides the will-maker (referred to as the “testator”) with directions to a personal representative for the administration and distribution of the testator’s estate after the testator dies.

The current pandemic has caused massive shutdowns across the country. Businesses have closed and unemployment rates have soared. Without a stable source of income, some soon find themselves in debt. Any sign of relief such as a phone call or email saying that their debts can be reduced or forgiven altogether is a welcome one.

Estate planning is considered by many to apply only to the wealthy and who have numerous assets. But preparing for the future is a common-sense habit for people of all income levels, and can save your loved ones in time and money in the long run. The current pandemic crisis has many people huddled down and looking at issues that had previously not occurred to them.

The final post for National Elder Law month is focused on communication. The key to making senior care work both at home and in the workplace is thoughtful, honest and open communication. Don't know where to start? Watch "How to Talk to Your Loved Ones About Elder Law and Preplanning". It can be helpful to think about what it is like to be in the other person's shoes. Seniors, remember the challenges you faced when taking care of your own parents. Adult children, take some time to think about how you hope your children will treat you when the time comes. Also remember that planning takes time and often many revisions. It is not realistic to resolve everything in just a few conversations. Take small steps.

Communication is also important when it comes to caretakers in the workplace. Adult children are often juggling careers, their personal life, and senior care. Employers and employees alike need to consider and understand the challenges each faces. In "Employers and Caregiving Employees", Foster Swift elder law attorneys provide perspective on how having open dialogue and clear communication of policies can have a positive impact on the work environment for everyone.    

Medicaid planning is a hot topic among seniors and their families. Foster Swift attorneys Matt Fedor and Nic Camargo offer an excellent overview of what Medicaid planning is, key considerations before developing a plan and how to formulate and implement a plan in their National Elder Law Month Video "What I should Know About Medicaid Planning."

Scams directed toward seniors sadly remain another hot topic. Even during the COVID-19 crisis, it's unfortunately common to watch the news and see a heart-breaking story about a senior who has been targeted by a criminal. While many of these crimes are not violent, they rob our senior friends of their funds, their property and often most hurtfully, their dignity. Foster Swift's article on "How to Spot the Red Flags of Financial Elder Abuse" is a good refresher for all of us, young, old, and in between, on how to keep the seniors in our lives safe.

National Elder Law month traces its history to 1963 when President John F. Kennedy issued Proclamation 3527, declaring the month of May "Senior Citizens Month" and proclaiming that all "informational and educational means should be used" to pave the way for older Americans to have equal opportunities and lead "useful and satisfying lives." In 1980, President Carter changed the name to "Older Americans Month" and in 1988 with a focus on improving the quality of legal services provided to people as they age, the National Academy of Elder Law Attorneys established May as "National Elder Law Month."

In keeping with the spirit behind National Elder Law Month, Foster Swift attorneys Matt Fedor and Nic Camargo have prepared articles and videos to help you and your family navigate the elder law landscape.  

The first video, "What is Elder Law Planning", is a great starting point and a helpful reminder that elder law is much more than estate planning.  We also encourage you to check out Foster Swift's Elder Law Resource Page here and you can also access attorney Jay David's book Estate Planning: You Have to Start in Order to Finish.

Planning for the future is often challenging, with so many "what ifs" to consider. As the news is filled with COVID-19 stories, many individuals are wishing they had not put off elder law planning, particularly estate planning. That said, there is no time like the present. In the video COVID-19 and Elder Law Planning, attorneys Matt Fedor and Nic Camargo provide a practical framework on how to get started.

One of the most important things to remember when planning is that every person's needs are different and each plan needs to be customized; that's why it's important to select an attorney with elder law experience. Both Fedor and Camargo are members of the National Academy of Elder Law Attorneys and have helped many seniors develop and implement plans that ensure their end of life wishes are honored. 

Various programs have recently been enacted in Michigan for the purpose of preventing and/or minimizing some of the challenges facing seniors in an effort to help them maintain a high quality of life.

October 21-27, 2019 is National Estate Planning Awareness week, which was originally adopted in 2008 with the intention of educating the public on what estate planning is and why it is vital for financial well-being and peace of mind. According to the National Association of Estate Planners & Councils (NAEPC), estate planning is an often overlooked necessity and it is estimated that over half (56%) of Americans do not have an up-to-date estate plan.

As parents age and require more assistance, the adult children who care for them may find themselves in a complicated predicament.

In the state of Michigan, nearly 2.5 million people are provided health care under Medicaid. This includes low-income adults, children, senior citizens and people with disabilities that depend on the federal and state program for access to health care as well as long-term services which include basic life functions such as meal prep, bathing/dressing and administering medication. For those not familiar with the eligibility aspects of Medicaid, click here to view the video “An Introduction to Medicaid.”

The problems that seniors face can erupt suddenly from out of nowhere or can start small and grow more serious over time. A crisis can occur when a senior family member is diagnosed with dementia, has a chronic illness or is admitted to a nursing home. Often after the crisis has already occurred is when the end-of-life documents are pulled out of the drawer and the family calls an elder law or estate planning attorney for help.

It is true that as we all age, our minds are not as sharp as they once were. We tend to forget minor things like where we put our keys or what level of a parking garage that we parked our car on. There is however a major difference in having small memory lapses, which even the most keen minds will have from time to time, and having a brain disease such as Dementia or Alzheimer’s.

Your parents may reach a point where they can no longer live on their own. Not only that, but as we age, the costs of living increase as we seek more and more complicated medical care.

I’m sure you’ve spent a wonderful vacation at a unique and dreamy location and thought to yourself, “I wonder what it would be like to live here?” If you answered that question by investigating the details of purchasing a vacation home in that perfect spot, it would be wise to consult with an attorney early in the process to avoid getting into hot water later on.

10,000 Americans turn 65 every day. With an aging population, come a variety of new issues for society to address. One of those issues is elder financial abuse, which has been a growing problem over the past decade. According to a study in the American Journal of Public Health, 1 in 18 older “cognitively intact” adults falls prey to financial fraud or abuse in a given year.

It would be wonderful to give you an absolute yes or no but like so many things, it is important to analyze how your specific circumstances factor into the answer.

When it comes to transferring possessions upon your death, you can either make it easy on your loved ones through proper estate planning or you can leave it up to the court system. Prior planning is the more efficient and effective option. There are a variety of planning methods available depending on your unique situation.

For example, Revocable Living Trusts are commonly used to transfer assets after death, independent of the legal system in many states.

As spring winds down and summer sets in, many parents and students look forward to graduation day. After the celebrations, parents get ready to send their children, many of whom have never been away from home, off to college.

If you think estate planning is just for the wealthy, think again. Everyone has an estate worth planning for; some are just more complex than others. Facing one’s own mortality can be an uncomfortable subject, but ignoring the inevitable can cause  unnecessary pain and conflict for your loved ones.