Posts Categorized: Elder law

Walk to End Alzheimer’s – Team MTO

Our office and families participated in the Walk to End Alzheimer’s on September 30, 2017. We had a great time walking to support a great cause that affects so many people. The walk generated over $100,000.00 towards advancing Alzheimer’s support, care, and research. If you have a family member recently diagnosed with Alzheimer’s, it is important… Read More »

My mother is 93. She is healthy, takes care of herself, cleans her own condo, and does her own grocery shopping. She had a doctor’s appointment where the doctor recommended moving into assisted living because of her age. Does my mother have any rights?

My mother is 93. She is healthy, takes care of herself, cleans her own condo, and does her own grocery shopping. She had a doctor’s appointment where the doctor recommended moving into assisted living because of her age. She firmly asserted that she has been doing just fine at home and would like to stay… Read More »

My mom was just diagnosed with a type of dementia, and has cerebral degeneration and a sleep-disrupting disorder. She has never made a will or put much thought into it until now. Is she still legally able to sign a will even though she has been diagnosed with dementia?

Signing a will while having dementia does not automatically make a will invalid. In order for a will to be valid, the person signing must have “testamentary capacity,” which means they must understand the implications of what is being signed. Generally, your mother would be considered mentally competent to sign a will if the following… Read More »

My wife was diagnosed with advanced dementia and her doctors are telling me that she needs 24/7 health care, probably in a nursing home. If she moves to a nursing home, will I lose my home and my life savings?

This is a very good question and we work with people every day who are worried about losing their life savings because of high long-term care costs.  First, make sure to look at all other options as far as where she is receiving care. For example, an assisted living community may be less costly and… Read More »

My mom recently entered a nursing home. We are trying to qualify her for Medicaid on our own. Should Mom and Dad deed the house to me?

NO! Don’t do it!  We regularly help families qualify for Medicaid without having to spend or give away all of their assets. There is a lot of confusion out there about what you can and can’t do – many families mean well but don’t understand the Medicaid rules. There is nothing worse than to see… Read More »

My mother died in a nursing home in late 2016 while receiving Medicaid. She owned nothing at her death except for her condominium, which my sister and I paid to upkeep while she was in the nursing home. She has an old Will leaving everything to my sister and me. The State of Michigan recently contacted me with a bill for her nursing home care. Can they make me pay the bill?

What you are referring to is called “estate recovery”.  Under Medicaid law, following the death of the Medicaid recipient, the State must attempt to recover money paid for the Medicaid recipient’s (in this case your mother’s) care.  So, the short answer is “yes”, under the estate recovery rules the State does have the right to… Read More »

My 84 year-old mother just returned from the hospital and is unable to stand, walk or dress herself. My siblings and I take turns taking care of her 24/7 in her home. In the long run this is not safe nor can it continue because we have jobs, our own homes, etc. My father died recently and he was a Veteran, and my mother also has about $105,000 in the bank. What are our options?

Your main goal should be to get the best possible care for your mother, whether at home or outside the home. Home care 24/7 is very expensive, likely even more costly than having her move to assisted living or a nursing home. Because your mother was married to a Veteran, she may be eligible for… Read More »

My father is a Korean War Veteran and has been diagnosed with dementia. He will likely need to move into an assisted living community. I don’t know how my mother will afford to keep her house and pay for my father’s assisted living costs. Are there any Veterans’ benefits that might help?

Yes. A married wartime Veteran like your father may qualify for what is called “pension plus aid and attendance”. This benefit is up to $2,124 per month, tax free for life. The benefit is available if certain health and financial conditions are met, although the rules are complicated.  You should know that this benefit is… Read More »