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A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of...

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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...

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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...

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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...

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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...

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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...

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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...

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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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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.