Elder Law & Medicaid Planning
Assisting individuals, couples, and family members with Elder Law & Medicaid Planning.
Our Elder Law Attorneys
Elder Law and Medicaid Planning
Elder Law and Medicaid Planning present complicated decisions to seniors and their loved ones when the need for medical care moves to the forefront of life. One central question presents itself: Is living at home still an option, and if not, where will they live? More seniors in Holland, Michigan (and elsewhere) are now living with their loved ones, but this can place emotional and financial strain on the relationship. Given the demands of one’s own family and career, finding the time and energy to be a caregiver can be daunting. Cunningham Dalman is here to help with planning long-term care options for your loved ones as well as their estate planning.
Assisted Living and Nursing Homes
As a result, more seniors and their families are deciding that it is best to move into assisted-living facilities or nursing homes. Costs for these types of arrangements, however, can be rather expensive (ranging from $4,000 to $10,000 per month). Over time, an assisted-living facility or nursing home is usually the biggest drain on family resources.
Voted Best Law Firm in Holland, Michigan
Attorney Articles
Celebrating Our Recognition in the 15th Edition of Best Law Firms®
We’re thrilled to share some exciting news—our firm has been recognized in the 15th edition of Best Law Firms®! This
Celebrating Our Firm’s Recognition in Grand Rapids Top Lawyers 2024!
We’re proud to announce that several of our attorneys—Tom Hillegonds, Rob Howard, Haans Mulder, Susan Vroegop, Ron Vander Veen, Brad
Medicaid Planning Seminar – Nov 2024
Cunningham Dalman will be hosting a Medicaid Planning Seminar on Thursday, November 21, 2024, 5:30-7:00 pm. We’ll cover important topics
Everyone Should Think About Long-Term Care!
You may need assistance. Let our team help you understand your options.
Our Elder Law Services
Medicaid Planning
Our attorneys assist individuals, couples, and families with understanding Medicaid long-term care options and how eligibility requirements are determined.
Medicaid PlanningSenior Living - Protecting Assets
Our team is focused on assisting families in protecting assets as loved ones begin to investigate alternative Senior Living arrangements.
Protecting YourselfLong-Term Care Planning
Most individuals, couples, and families should plan out their options for long-term care. There are numerous options available and most require some pre-planning.
Long-Term CareElder Estate Planning
Our Elder Law attorneys assist clients with Estate Planning, Trusts, Wills, and more.
Estate PlanningLet's Plan Today & Your Family Will Thank You!
Looking out for you. Let us guide you or your family through the process!Â
understanding medicaid & planning your long-term care
Medicaid Planning
Individuals and families learn that Medicaid eligibility can be confusing to understand and the rules seem to change constantly. In fact, eligibility is different in almost every state and can even differ by the program within a state. In Michigan, there are income & asset limits for eligibility for singles, married couples, and situations where only one spouse is applying.
According to the U.S. Department of Health and Human Services, there’s a 70 percent chance you’ll need some type of long-term care after you turn 65 years old. Cunningham Dalman has a team of attorneys experienced in Elder Law and prudent things all individuals / families should consider.
Medicaid Planning Popular Topics:
- Medicaid Applications - Based on the time required for the Medicaid review process, complexities associated with appeals, and the costs of care while awaiting a Medicaid approval, we strongly suggest families engage with an experienced Medicaid planning professional. Our Elder Law attorneys are here to assist you with this process.
- Medicaid Eligibility / Asset Limits - Medicaid eligibility centers largely around your income and assets. It is important to do some Medicaid Planning years before you or a loved one will require long-term care in a nursing home or assisted living.
- Protecting Assets - A single person cannot have more than $2,000 in certain assets. There is also an asset limit for couples that requires spend-down to $130,380 (2021 figure) or less. Some high value assets such as your home & car are exempt but many individuals still find themselves well over the asset limit. Our attorneys can assist you in walking through this process and determining if a "Medicaid Asset Protection Trust" may be in order. The key for all of this is pre-planning as Medicaid has a defined look-back period to ensure assets are not being moved just to qualify for Medicaid.
- Medicaid will take my home - A common question or concern is "will Medicaid force us to sell our home to help pay for our nursing home care?" The short answer is "no" as long as the Medicaid beneficiary or the spouse lives in the home. Call one of our attorneys to assist you in going through the application process so we can ensure your assets are properly positioned & protected.
- Avoiding Medicaid Spend Down - As mentioned previously, Medicaid has strict guidelines for income & assets. The concept of "Medicaid spend down" can be confusing and is really a financial planning strategy used to assist you in qualifying for Medicaid and protecting your estate in the process. We strongly suggest you consult with one of our Elder / Medicaid Planning attorneys before taking any steps with Medicaid.
- Medicaid Protections for a Healthy Spouse - Fortunately, there are rules in place to ensure a healthy spouse or "non-applicant" can live without becoming poverty-stricken. As mentioned previously, there are strict income limits when applying for Medicaid. A healthy spouse may require a portion of the applicant's income just to pay their existing bills. It's very important to work with someone who fully understands the Medicaid eligibility requirements.
- Medicaid in The Home - In Michigan, this is called "MI Choice" or the "MI Choice Waiver Program" and allows individuals to receive nursing care in their home or another community setting. There are still strict income and asset restrictions and our team can assist with understanding the approval process.
- VA Aid and Attendance Benefits - Veterans may qualify for additional benefits to assist with daily activities. We can assist Veterans in evaluating their eligibility.
looking at housing options available to you
Senior Living - Protecting Assets
All individuals, couples, and families will need to discuss housing options and long-term care at some point. In most situations, retired individuals want to retain their independence and continue living in their own home.
In other cases, individuals and/or couples may want to pursue retirement communities where they are surrounded by activities & people their own age. Unfortunately, health changes might dictate family members to look at other assisted living options or potentially moving a loved-one into their own home.
Cunningham Dalman is here to assist families to ensure options are understood and important pre-planning steps are performed. Pre-planning is the best way to prevent losing your life-time savings to pay for the costs of long-term care.
Areas of Assistance:
- Asset Protection / Medicare "Spend Down"
- Understanding Michigan's Right of Estate Recovery
you need to discuss long-term care in your family
Long-Term Care Planning
Long-term care is often overlooked by individuals & families until a loved one needs it. Long-term care is required when you no longer are able to perform daily activities on your own. You need assistance to dress, bath, eat, and use the bathroom. The objective of long-term care planning is to assist your loved-ones in planning out preferences for care and planning for these expenses. Medicare, Medicare supplemental insurance, and health insurance usually doesn’t pay anything for long-term care. Here are just a few examples of why we all need to invest some time thinking about long-term care:Â
- Accidents
- Stroke
- Dementia
- Alzheimer’s
Long-Term Planning Areas:
- Planning Documents & Instructions - These are designed to give family member and trustees a high level summary of care preferences, end-of-life decisions, preferred medical treatments, and other important estate matters. These do not replace any of the legal documents created but act as a quick reference guide in the event long-term care is required.
- Long-Term Care Insurance -Insurance firms sell long-term care policies to assist individuals in covering the costs of long-term care. For many, the cost of these policies will be prohibitive and families will need to plan out other options. The purpose of long-term care planning is to ensure families understand the long-term care options and evaluate the best options for their situation.
- Care Advocates You can name a person to make medical decisions for you if you are seriously ill or unable to make your own decisions. These documents can assist in giving direction for your wishes related to life-sustaining treatments and other important matters. This is an important legal document to have as part of your overall estate plan.
updating your estate plans
Elder Estate Planning
Cunningham Dalman has a dedicated practice for “Estate Planning, Wills, & Trusts” and combines this knowledge with specific areas of Elder Law. Our attorneys assist clients in making sure their estate planning documents include specialized needs for older adults including long-term care, patient rights, healthcare power of attorney, and more.
Expertise in Multiple Areas:
- Estate Planning, Trusts, & Wills - Our attorneys can assist in creating your estate planning documents, making necessary updates, and keeping your aware of legislative changes that could impact you.
- Durable Power of Attorney - A DPOA allows you to appoint a person to handle your financial & legal decisions if you unable to make decisions for yourself.
- Patient Advocate Form - This allows you to appoint an "advocate" to make medical decisions on your behalf. These typically also have instructions for your patient advocate on end-of-life care.
Elder Law FAQ
Most frequent questions and answers
- Revocable / amendable trusts
- Irrevocable trusts
For more information on setting up trusts, see our “Estate Planning, Wills, & Trusts” page.
Medicaid’s look-back period prevents applicants from giving or transferring assets in an attempt to satisfy Medicaid’s asset limit. In Michigan, the look-back period is 60 months. Please give one of our Medicaid Planning attorneys a call at 616.392.1821.
