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...
SBO Trusts Targeted Again
By Doug Chalgian on June 25, 2020
Yesterday, DHHS released a proposed policy which is summarized as follows: Effective October 1, 2020 all transfers by the applicant or the applicant's spouse to a trust established...
Cautious Optimism Greets MSC Decision on SBO Trusts
By Doug Chalgian on May 10, 2019
The SBO Trust is back – or is it? Yesterday the Michigan Supreme Court released its long awaited decision in the case of Hegadorn v The Department of...
Proposed Policy Promises Problems for Planners
By Doug Chalgian on April 4, 2019
This is a post about Medicaid long term care planning. The topic is a proposed policy change related to the use of promissory notes in Medicaid planning. If...
Puzzling New Medicaid Policy on Homestead Exemption to Take Effect
By Doug Chalgian on January 9, 2019
Heads Up: If Medicaid planning isn’t your bag, you may want to pass on this post. As of February 1, 2019, Bridges Eligibility Manual Item 400 (aka...
VA Program Adds Divestment Rules and More
By Doug Chalgian on September 18, 2018
The so-called “Aid and Attendance” pension has become an important source of income for older adults needing long term care services, and an important source of business for...
MSC Takes Its Shot at Estate Recovery
By Doug Chalgian on August 1, 2017
The Michigan Supreme Court has released an opinion in four combined cases all involving Michigan's Medicaid Estate Recovery Program. As we've learned from prior posts, the Michigan Court of Appeals...
Estate Recovery – Last Gasp or Second Wind
By Doug Chalgian on January 11, 2017
Thursday, January 12, the Michigan Supreme Court is scheduled to hear oral arguments in several combined matters all relating to the issue of Medicaid estate recovery. The main...
Two Happy Notes
By Doug Chalgian on December 8, 2016
On the topic of self-settled special needs trusts (aka Medicaid Pay-Back Trusts; aka D4A Trusts), the “Special Needs Trust Fairness Act” has passed both houses of Congress and...
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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. |