Medicaid Planning with Protective Orders on Life Support

By Doug Chalgian on January 20, 2024

  There’s a new case from the Michigan Court of Appeals involving the use of protective orders in probate court to establish an elevated protected spousal amount and...

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Seed of Hegadorn Targets SBO Planning

By Doug Chalgian on October 21, 2023

  The Michigan Court of Appeals has issued a published decision in the matter of Hegadorn v DHHS (click on the name to read the case).  Yes, you've...

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COA Issues Misguided Opinion on Medicaid Planning

By Doug Chalgian on May 22, 2022

  In the end, the only thing that matters about this case is that it is unpublished.  And that’s good.  Otherwise, Conrad v Michigan Department of Health and...

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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...

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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...

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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...

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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...

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SBO Trust Part 2: Meaning Revealed

By Doug Chalgian on July 31, 2020

UPDATE: The start date for the policy discussed in this post was moved until at least March 1, 2021.   Just a month ago I wrote about new...

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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...

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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...

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Doug Chalgian

About The Author: Doug Chalgian

I 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.