COA Upholds Separate Maintenance for Medicaid Planning
By Doug Chalgian on March 19, 2022
Stacy v Stacy, involves the validity of a separate maintenance agreement entered into for Medicaid planning purposes. [Click on the name to read the case.] Husband is...
No Second Bite for State in Medicaid Appeals
By Doug Chalgian on February 20, 2022
In a published opinion, the Michigan Court of Appeals clarifies that State agencies who lose Medicaid cases at the administrative level have to live with the results. ...
Medicaid Letter has Advocates Looking Up
By Doug Chalgian on February 2, 2022
A recent letter from the U.S. Centers for Medicare and Medicaid Services has advocates excited about the possibility that the end may be near for the income...
Medicaid Modifies Vehicle Exclusion
By Doug Chalgian on October 19, 2021
The Michigan Department of Health and Human Services has decided to update the definition of “vehicle” in the context of its long-term care Medicaid programs. As you...
Unconscionable = Another Arrow
By Doug Chalgian on September 7, 2021
A recent unpublished opinion from the Court of Appeals reminds us to consider unconscionability in some cases of vulnerable adult exploitation. In In Re Conservatorship of Blossom...
SBO Trusts Are Safe Again
By Doug Chalgian on March 9, 2021
In a one sentence update, the Michigan Department of Health and Human Services announced yesterday that “solely for the benefit policy for spouses trust will not take effect...
Notable BEM Changes
By Doug Chalgian on March 2, 2021
This post is about Medicaid long term care benefits in Michigan, and assumes some general understanding on the part of the reader with respect to Medicaid planning and...
COA Delivers Lump of Coal to Medicaid Planners
By Doug Chalgian on December 18, 2020
In the combined cases of Schroeder v DHHS and Almy v DHHS , the Michigan Court of Appeals’ imposes severe punishment on the use of probate court protective...
AFCs Not Protected by Med Mal Law
By Doug Chalgian on October 24, 2020
In a published opinion, the Michigan Court of Appeals announced that the law that shields many types of care facilities from ordinary negligence actions, by deeming them subject...
The Cautionary Tale and Tragic Death of Virginia Kermath
By Doug Chalgian on September 17, 2020
For those of you whose lives are so dull that you neither subscribe to the Chalgian and Tripp newsletter nor read the Michigan Funeral Directors Journal, following is...
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About The Author: Doug ChalgianI am an estate planning, probate litigating, elder law attorney. This is a blog for clients and professional colleagues. In it I offer my ideas about the state of the law and the practice of law. I believe we are living through a unique period during which the law (which is traditionally slow to change) and society are attempting to evolve to address the explosion of people living long lives. I find these developments fascinating and enjoy being involved in this evolution. |