Independent Living Facilities Have a Duty to Consider Risks to Older Adults

By Chalgian & Tripp on June 23, 2022

A recent order from the Michigan Supreme Court carries significant implications to those operating residential facilities that cater to senior citizens. The family of an elderly resident of the Independence Village of Oxford sued the facility after the resident walked outside and froze to death.  The family alleged that her death was due to the fact that the door she exited automatically...

In Sickness and In Health

By Chalgian & Tripp on December 21, 2020

If you drove by the Medilodge Nursing Home in Brighton recently, you may have noticed an odd tentlike structure sticking out of the side of the building. Don’t be alarmed. It’s just Eugene loving Anchanette. You see, this past August, at age 48, Anchanette suffered a massive heart attack, causing her to be placed on life support. Through those first rough weeks at the hospital, her...

Medicaid Hunts Household Items

By Chalgian & Tripp on December 14, 2020

A new policy from the Michigan Department of Health and Human Services will make it harder for people seeking assistance with nursing home costs to “spend down” on household items in order to become eligible for Medicaid assistance. Traditionally, the value of the things people own that would typically be found in a home, has been exempt from being considered in determining eligibility for...

Meet Joe Weiler: President of the Michigan Chapter of the National Association

By Chalgian & Tripp on November 30, 2020

"Elder law is about a lot of things," says CT Attorney Joe Weiler. "It’s about guardianships, power of attorneys, Medicaid rules, undue influence, to name just a few. But in the end, it’s really about protecting a vulnerable population of older adults." "The growth of elder law in recent years coincides with the growing number of people living to advanced age. Not surprisingly, the...

UM Gets Squirrely with Prof’s Millions

By Chalgian & Tripp on December 7, 2020

The case of Bellamy Trust v University of Michigan tells the story of one university professor, and how his vision about the legacy he was creating at the University of Michigan ran into the chainsaw of reality shortly after his death. Dr. Bellamy was an expert in classical Arabic literature, and dedicated his life to these studies while teaching at UM. He left several million dollars to the...

The Toughest Decision

By Chalgian & Tripp on November 23, 2020

A friend or family member has been declining. An event occurs. They go into the hospital. And suddenly they’re facing the choice of whether they can return home or whether they need to be placed in an institutional setting. This is not a question of “for the time being.” This is about the rest of his/her life. New Words and Difficult Questions The person you care for needs...

The Cautionary Tale and Tragic Death of Virginia Kermath

By Chalgian & Tripp on October 9, 2020

Everything I know about Virginia Kermath came from reading a Michigan Court of Appeals opinion. In that opinion, I learned that Virginia was a demented 89-year-old who, on a particularly cold Michigan night, wandered outdoors and became locked out of the building where she lived, experienced hypothermia and frostbite, conditions which led to her...

C & T Celebrates Women and the Law

By Chalgian & Tripp on September 29, 2020

  by Amy Rombyer Tripp The passing of Justice Ruth Bader Ginsburg followed by the nomination of Judge Amy Coney Barrett as her replacement on the USSC demonstrates the importance Americans now place on including women in leadership roles in society, and especially in our legal system. Of course, it hasn’t always been that way. The legal profession has a long history of male...

MDHHS Gets Busy

By Doug Chalgian on April 22, 2020

The folks at the top of Michigan’s Department of Health and Human Services have been busy. In recent days they’ve become busier – or at least busier in terms of planning and policy regarding COVID. Their activity has resulted in a flurry of COVID-related announcements. Let’s look: Making Waiver Work On April 21, MDHHS applied for an emergency amendment to their State Plan which...