Two from the Asplund Clan
By Doug Chalgian on November 26, 2020
Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall. Roberta is subject to both a guardianship and conservatorship. At...
AFCs Not Protected by Med Mal Law
By Doug Chalgian on October 24, 2020
In a published opinion, the Michigan Court of Appeals announced that the law that shields many types of care facilities from ordinary negligence actions, by deeming them subject...
Minor Guardianship v Child Custody
By Doug Chalgian on October 17, 2020
Curiously, this weekend’s flock of appellate cases includes two that deal with the intersection of probate court minor guardianship proceedings and circuit court child custody matters. One case...
The Cautionary Tale and Tragic Death of Virginia Kermath
By Doug Chalgian on September 17, 2020
For those of you whose lives are so dull that you neither subscribe to the Chalgian and Tripp newsletter nor read the Michigan Funeral Directors Journal, following is...
Medicaid Spend Down on “Household Goods” to become more Difficult
By Doug Chalgian on September 5, 2020
The Michigan Department of Health and Human Services (DHHS) released new language for the Bridges Eligibility Manual yesterday, which includes a change to the definition of “Household Goods.” ...
Politics and Ageism in Michigan’s COVID Response
By Doug Chalgian on August 27, 2020
The Department of Justice has announced that it will be investigating the way the Whitmer administration handled COVID infected seniors in long term care facilities. I am certain...
Burned by the Boilerplate
By Doug Chalgian on August 2, 2020
A rainy Sunday morning. No better time to write. And since it appears to be raining pretty much everywhere in Michigan this morning, maybe a longish ramble about...
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...
Missing the Snuggle Time
By Doug Chalgian on May 29, 2020
I’ve participated in a few court hearings via Zoom and had my first contested Zoom hearing this week. I understand the plan is for us to return to...
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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. |