Estate Planning & Elder Law Blog

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.

With 2020 in the rear view mirror and 2021 well underway, the COVID-19 pandemic continues to generate urgency for elder law planning for those most at risk. May is National Elder Law Month which allows the opportunity to educate seniors in local communities about their legal options and places an emphasis on the importance of planning early to ensure their wishes are in a legally binding format.

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.

Adopted in 2008, the third week in October is designated as National Estate Planning Awareness Week to bring attention to the importance of estate planning. An often overlooked aspect of financial wellness, according to the National Association of Estate Planners and Councils, it is estimated that 56% of Americans do not have an up-to-date estate plan in place. 

Estate planning—it is an incredibly important tool and it is not just for the uber wealthy or those thinking about retirement. On the contrary, estate planning is something every adult should do. Estate planning can help you accomplish any number of goals, including appointing guardians for minor children, choosing healthcare agents to make decisions for you should you become ill, minimizing taxes so you can pass more wealth onto your family members, and stating how and to whom you would like to pass your estate on to when you pass away.

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.

On October 6, 2020, the Michigan Department of Health and Human Services ("MDHHS") issued an emergency order (the "MDHHS Order") that retains many of the same requirements that apply to residential care facilities under the previously issued executive orders. As noted in a prior blog post, the Michigan Supreme Court recently held that Governor Whitmer did not have authority after April 30, 2020 to issue or renew any executive orders related to the COVID-19 pandemic. Most of the same requirements will continue to apply to residential care facilities under the MDHHS Order. The MDHHS Order became effective immediately, and will remain in effect through October 30, 2020 (and may be renewed through a subsequent order).