Tag Archives: law
DO I NEED AN ATTORNEY TO APPLY FOR MEDICAID?
By: James M. Simasko, Attorney at Law. Mt. Clemens, MI. I was asked this very question not too long ago. My answer was not always, but you should always consult with a qualified elder law attorney who specializes in Medicaid Law, which is what the attorneys at Simasko Law Offices. A social worker at a nursing home may be available to give the resident assistance in preparing the application and applying for Medicaid. They will probably know a lot about the program, but maybe not the particular rule that applies to your situation, or the newest changes in the Medicaid Law (Medicaid Laws change frequently). Further, the social worker may not be interested in preserving your family’s wealth or assuring the residents spouse is taken care of. They may not take the time to learn the family dynamics, and you could miss out on significant planning options that could affect the family’s future.
Can My Parents Keep Their Home If They Have To Go Into A Nursing Facility?
By: Erin R. Solaiman, Attorney at Law. Macomb County, Michigan. The simple answer to this question is, “yes.” However, if you have spent any time at all helping your parents plan for the unfortunate event that they might have to enter a nursing home, you know that “simplicity” is a luxury not often afforded in this situation. In Michigan to qualify for Medicaid, a single person can have no more than $2,000 in assets. The primary residence and one car are exempt, as long as they are not owned by a trust. Therefore; on many occasions, prior estate planning may need to be changed to fit the situation. Because we are unable to use a Quit Claim Deed, in most circumstances a Ladybird Deed is used to ensure that the individual’s primary residence avoids probate. Any individual that receives Medicaid assistance is subject to Estate Recovery if their assets go through probate. Under the current law, the key is to avoid probate. Under the Estate Recovery program, the Michigan Department of Community Health (MDCH) will seek repayment of benefits received by Medicaid recipients by filing a lien on an individual’s probate estate. The liens can be placed for no more than the amount spent on the individual’s care. With the rising costs of nursing home care, a one to two year stay in a long term care facility can deplete a majority, if not all, of the value of the home! There are many complex scenarios and restrictions on the treatment of the home for Medicaid purposes, and many strategic plans that can be used to protect the parent’s home and the family’s heirs. The best way to discuss your specific scenario and develop the best overall plan is to meet with the experienced staff of Elder Law Attorneys at Simasko, Simasko & Simasko, P.C. Call today to schedule your FREE consultation. As always, remember that it is better to look ahead with preparedness than to look back with regret!
Ponzi scheme uncovered in Macomb County, Michigan
Local Elder Law Attorney, Patrick M. Simasko, discovered a phony stock broker who has been charged with stealing more than $1 million from three Macomb County residents. The family originally contacted Simasko Law Offices for estate planning issues. During the process, they provided their investment statements, which raised many red flags for the Simasko team. The following information will help you protect yourself and your life savings.
