New Medicaid Case Revisits Spousal Income Diversion
By Doug Chalgian on June 21, 2019
A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of...
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 “BEM...
Policy Tweaks Scare Medicaid Geeks
By Doug Chalgian on October 4, 2018
When it comes to Medicaid planning, truly the devil is in the details; and the “details” are found in the Michigan Department of Health and Human Services (MDHHS)...
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...
Divestment Rules for Medicaid Waiver Clarified – Maybe
By Doug Chalgian on July 28, 2018
A policy bulletin has been issued by the Michigan Department of Health and Human Services which provides additional direction on when and how a divestment penalty period runs...
Medicaid Planners Get Rare Win from COA
By Doug Chalgian on May 23, 2018
The Michigan Court of Appeals has issued an opinion regarding the appropriateness of using probate court protective orders to obtain spousal support orders in situations where such orders...
The Fix Is In
By Doug Chalgian on May 11, 2018
In the process of probate administration, there are certain “allowances” that are paid “off the top” before creditors and beneficiaries get what they have coming. Among those is...
SBO Believers Hear Heartbeat
By Doug Chalgian on March 13, 2018
In June 2017, I wrote about the combined cases of Hegadorn and Ford under the title Bloody Thursday. As discussed in that post, these combine Court of Appeals...
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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. |