SBO Trust Part 2: Meaning Revealed
By Doug Chalgian on July 31, 2020
Just a month ago I wrote about new DHHS policy re the treatment of “solely for the benefit” trusts (aka, “SBO trusts") in Medicaid planning. [See SBO Trusts...
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...
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A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of...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...
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...
Bloody Thursday
By Doug Chalgian on June 3, 2017
June 1 2017 was a bad day for Medicaid planners who pinned their hopes on the Court of Appeals to reverse a string of losses. The Court issued...
Department Promises Change on Spousal Annuity Beneficiary Issue
By Doug Chalgian on March 18, 2015
Thanks to the excellent advocacy of Amy Tripp and David Shaltz, it appears we may be getting close to resolving one of the difficult issues related to using...
Striking the Balance of Financial Integrity and Quality of Care for the Spouse of an Impaired Adult
By Doug Chalgian on July 28, 2013
Here’s another balance that’s hard to strike - and hard to help clients understand and decide.Typical example: Husband and wife have been married 50 years. They are both...
Local Courts Hold Ground in Medicaid Cases
By Doug Chalgian on June 8, 2013
The bad news is that the Attorney General is actively shopping around for Medicaid cases to attack. The good news is that local probate judges are - so...
An Inconvenient Obstacle to Community Based LTC
By Doug Chalgian on February 12, 2013
SummaryBecause asset protection strategies commonly used in the context of nursing home Medicaid are problematic in the context of MI Choice Waiver and PACE programs, a significant number...
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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. |