Tag Archive for: elder law

How It Begins. See the Signs. Take Action

It begins. Maybe with your husband. Your wife. Could be Mom. Or Dad. Sister. Brother. Best friend. You, yourself. Little things. No big deal. But you wonder. It goes on. Stranger things. You notice. Routine changes. You adapt. You do more. It gets worse. You think. It becomes obvious to others. It becomes apparent to you. You must name it. Could it be Parkinson’s? Alzheimer’s? Lewy Body Dementia? Lou Gehrig’s Disease (ALS)? Vascular Dementia?

Like most Americans, you know the devastation of dementia from family or friends. Many of us feel at a loss to provide help or comfort. Look for the following stages. Help your loved one and yourself.

Denial: This Is Not Happening!

Everyone at this age has some memory trouble. Strong as ever, except for the years. Absolutely nothing wrong! Anyone could have mislaid their keys, left the water running, put the laundry in the pantry. Those people do not know what they are talking about. Fit as a fiddle! Just shut up about it, will you…

Anger: How Could This Happen To Me? So Unfair!

This is the worst. How dare they say such things? About their very own father/mother! About me! All I/we have done for them! And this is our reward? Rotten ingrates. How could God let this happen?! Simply, blindly furious. Rage rage against the dying of the light.

Bargaining: Exercise, Prayer, Diet

Follow doctor’s orders. Eat more fish. Exercise more. Go to church every day. Be nicer. Pray. Pray more. Do everything you are supposed to do. Then do more. It will go away if we are/I am
worthy. Please. Only say the word and I shall be healed. Let’s make a deal!

DEPRESSION: NOTHING IS GOING AWAY; IT IS JUST GETTING WORSE.

No way out. Overwhelming grief. Powerless. So sad. Life comes to this? No solution. Cannot fix it. Blank wall. My God, my God, why have you forsaken me?

ACCEPTANCE: THIS IS REALITY; NOT HAPPY ABOUT IT, BUT OKAY.

No, it is not getting better. This is it. Not what anyone wanted, expected, hoped. It is what it is. Terrible beauty in sacrifice. Praiseworthy endurance. I have fought the good fight, I have finished the race, I have kept the faith. No fault. No regrets. Satisfaction. Content.

YOU DO NOT HAVE TO LIKE IT, BUT YOU MUST DEAL WITH IT

So many folks get stuck on the first stage, Denial. Baffling behaviors, confusion in common place activities, mood swings. After a diagnosis, nothing is more common than for family and friends to realize that “this” had been going on for months, years. It becomes clear as all the explanations and excuses fall away. Why didn’t we act sooner?

Dementia is insidious and destructive. Nothing is easy. We must be on guard, but sensitive. Vigilant, but not insulting. Concerned, but not condescending. It is a difficult, narrow path to tread.

But we do it for love. Love of parent, spouse, sibling, friend. We do it for the best.

Ten Warning Signs Of Dementia

Here is some advice from the Alzheimer’s Association, people just like you. Ten Warning Signs:

If you notice any of these signs, take action

If you notice any of these signs, take action. Note your concerns so you can address them with a friend, family member or doctor.

1. Memory loss that disrupts daily life.
2. Challenges in planning or solving problems.
3. Difficulty completing familiar tasks.
4. Confusion with time or place.
5. Trouble understanding visual images and spatial relationships.
6. New problems with words in speaking or writing.
7. Misplacing things and losing the ability to retrace steps.
8. Decreased or poor judgment.
9. Withdrawal from work or social activities.
10. Changes in mood and personality.
Alzheimer’s Association ©2019 Alzheimer’s Association®. All rights reserved. Rev. Jun19TS-0066

No list is comprehensive. Nothing substitutes for professional evaluation and judgment. But, guided by your genuine care and concern, these ten signs point the way to early detection and effective care.

What’s Any Of This Got To Do With Elder Law?

Elder Law, I believe, is all about recognizing the reality. Dementia happens. You can ignore the possibility or prepare. You can let your lifesavings evaporate or use them to supplement available benefits. LifePlanning™ means we reject denial, overcome anger, give up on bargaining, sweep away depression. We accept life as it is, doing the best we can with what we have, never giving up, always looking for and committed to the good. Accepting life as it is. Accepting that our role is to always make it better. For ourselves, our loved ones, our families and friends. Planning that gets results.

Get Knowledge Now! Call (800) 317-2812.
There’s a LifePlan™ Workshop near you.

Back To School — Not Just for Kids Anymore

New Lessons To Learn

The Times They Are A-Changin’

It’s that time of year again. You have been here before. New school year beginning. First day of kindergarten. First grade. High school. Going off to college. New shoes, new clothes. Very familiar. Totally strange. Will your child or grandchild be heading to the classroom or to the bedroom? Kitchen table? Teaching with live instructors surrounded by friends and other students? Or alone through a computer screen?

Hasn’t the first day of school always been a challenge? Parents concerned about how their kids will do in new situations. Kids worried about friends, classes, sports, fitting in. And now COVID-19. Masks all day long. How is that going to work? You expect that getting the younger kids to wear masks would be tough. What about the teenagers? Especially when they discover that continuous masking irritates the skin. And that means? The most dreaded teenager plague of all: acne. Has anyone thought this through?

Normal things you don’t do anymore: baseball, weddings, cook-outs.

Hasn’t it been a strange summer? Normal things you don’t do anymore: baseball games, weddings, cook-outs. Weird things you now do all the time: wear a surgical mask, quarantine, obsessive handwashing. Fall football? Maybe in the spring, they say.

The Medicine that Dare Not Speak Its Name

The Henry Ford Health System studies a possible medicine to combat COVID-19. Henry Ford discovers good news. Henry Ford is not a bit player. They are big time. Henry Ford is a “major academic medical center with more than $100 million in annual research funding, [and] is involved in numerous COVID-19 trials with national and international partners.” www. HenryFord.com Smart guys.

What did Henry Ford find? Only that use of this mystery drug cuts the COVID death rate in half. And it’s well-understood, generic, cheap, and widely available, with minimal side effects. Not unexpected for a drug that has been used worldwide by millions for over 75 years. Front page news? Medical Miracle? Game Changer? Nope. The wrong politician said it might be useful. So… political correctness hides the medicine that dare not speak its name. And lots of unnecessary deaths? Find out for yourself, it is easy. www.henryford.com/news/2020/07/ hydro-treatment-study

Strange times.

Founded on the Rock or Building on Sand?

Doctors finding remedies for deadly diseases are ignored. Are you okay with that? Rioters stop firefighters from fighting fires. Nodding in approval? Police officers are overrun with riots and looting. Feeling good? Courts and judges release accused criminals to commit more crime. Smiling yet?

Maybe we all need to go back to school. To relearn what we have always known.

Work hard. Save for a rainy day. Pay it forward. Lend a hand. Play by the rules. Help the unfortunate. Worship as you will. Keep an open mind. Do unto others as you would have them do unto you. Rules we have lived by. Ideas that built our nation. Your life of commitment to these simple but profound ideals has provided more prosperity for more people than at any other time in history. Living these bedrock truths is the strongest foundation for the future.

The simple fact is that America is getting older.

Middle Class Must Succeed

Who works harder than middle class folks? Who saves more? Who pays more taxes? Who volunteers more? When the going gets tough, who do they expect to help?

But if you’re like me, you’re not here to complain, but make things better. What should regular, middle class Americans, workers and retirees, do in times like these? Same thing as ever. Dig deeper. Try harder. And that starts at home. With you. Single or married. Kids or no kids.

The simple fact is that America is getting older: every day another 12,000 Baby Boomers turn 60, 65, 70. The “Greatest Generation” is in its 70s, 80s, and 90s. Poisonous rhetoric and slanted commentary about the “Me Generation” and the supposed self-centeredness of the Boomers are poisonously wrong. The truth is that 75% of Baby Boomers are right now caring for parents, have already done so, or expect to.

If your husband or wife is caring for you, almost half of the time your spouse will die first. And many more will die shortly after you do. Much sooner than expected. Skilled nursing home care, according to the State of Michigan, costs almost $9000 every month for the most basic care.

At this moment in history, America needs your example of middle-class success. Too many unfortunate young people have become disillusioned and hopeless, led astray by angry rhetoric and disinformation. LifePlanning™ embodies middle-class American values. We all win, one person, one family at a time.

Learning the Wrong Lesson

A terrible lesson has been accepted and taught by most planners and attorneys. Spend it down. Spend it all. You are not in control. You cannot choose. Your values are wrong. Nothing can be done. It is a counsel of despair.

But it does not have to be that way. The LifePlan™ approach keeps you in charge. Your life savings protected. Your life choices respected.

As with so many other things, though, the burden falls hardest on those who have worked and contributed the most.

Medicaid is the way America pays for long term care. As with so many other things, though, the burden falls hardest on those who have worked and contributed the most. No savings? No problem! Live life on a credit card? Medicaid is there for you. Work hard and save? Be frugal? Debt was dumb and savings were smart? Do the right things? Medicaid will not help until poverty. Until all your life’s efforts are wiped away.

But if you plan you can: Keep savings. Provide for loved ones. Receive at-home care. Participate in choosing a care facility if necessary. And still pay it forward.

You keep the cottage, the rental, the hunting land, your lifesavings.

Emergency Rules Mean Middle Class Safety

With COVID-19 expansion, you keep the cottage, the rental property, the hunting cabin, your lifesavings. And still get comprehensive, at-home care. You think it is too good to be true.

Dozens of other families thought so too. But they made the call. Folks just like you, except they picked up the phone. No co-pays, donut holes, or out of pocket expenses. Keep your income. Too good to be true! Not this time.

Elementary Education

1. Program of All-inclusive Care for the Elderly is PACE. You paid for PACE through your tax dollars. You stay at home through PACE goods and services. No nursing home or assisted living, until that is what you need.
2. COVID-19 puts extraordinary demand on long-term care facilities. Care at home does not.
3. Expansion of eligibility under COVID-19 means thousands more qualify.
4. Facts are free.
5. PACE means: Life Savings Protected. Life Choices Respected.
6. PACE is available now. No waiting list. Do you think that will be true next month? Into the fall and winter? Is there a better time to act?
7. PACE is not for everybody. But if it is for you and your loved one, it is a Godsend.

Core Curriculum

1. Over 55.
2. Medical Need. (We will help you determine).
3. Income Limits: If married, may adjust.
4. “Safe at home,” with assistance.

Many other families are already taking advantage of these new rules. Why not you? The call is free, the information is free, the results can be priceless.

CALL THE PACE HOTLINE 1-800-317-2812

Spanning The Globe To Bring You The Constant Variety Of Snafu

Wide Wide World Of Shorts (Short Answers!)
The Thrill Of Legacy, The Agony Of Probate

Note: These Questions Are From Real People. Unedited. The Glitchy Grammar, Strange Spellings, Problematic Punctuation And Other Offenses Against Literacy Appear In The Original Questions. Unedited.

My mother is in a nursing home, she is now almost out of money and we will be applying for medicaid soon. while we are working to get medicaid. and while the cash is gone, can the nursing home kick mom out for non payment?

second question. medicaid is looking at moms money from present to 5 years back. about 6or 8 years ago an account was open in my nieces name. my mom is the second name on this account, can they also take this money?

—Koncerned Kid

Dear Koncerned: Question #1: Once the Medicaid application is complete, with all 300 pages of attachments, Medicaid still has 45 days to respond. And it is often much longer. No surprise to the nursing home. No big deal. They will wait. A skilled nursing facility is much like a hospital when it comes to pay and refusing services. Government requires that the hospital and the home MUST provide services. Even if they do not get paid. Sure, there is a “kick mom out” procedure if she does not pay. But “involuntary separation” is complex and difficult for the home. And they always lose. So the nursing homes hardly ever bother. The Result: HUGE bad debts that will never be paid. HERE’S A THOUGHT: Ever wonder why nursing homes and hospitals are so expensive for us middle class folks? Gee… Maybe all the “free” services have something to do with why nursing homes cost $400 per day and a hospital aspirin is $12? [Who’s up for “free” college?]

Question #2: If mom’s name is on an account, caseworkers figure mom must own the money. Not true, of course, but that is how they think. If you can prove that the money came from the niece (or other person on the account)… hurrah! If not, too bad, so sad.

The absolute worst is when mom, dad, son, daughter, niece, nephew, butcher, baker, candlestick maker all put their social security, pension, IRA distribution, paycheck and everything else into the same account. And then pay the bills. Good luck, Chuck! Now Medicaid counts the same money against different folks. Nightmare! Do not put all the money together. Keep it separate.

Can I stop the sale of a house?

Rough situation: Grandmother is dead, Grandfather has pretty far along Alzheimer’s disease.

Aunt, who has power of attorney is trying to sell the house to a neighbor, and wants to tell the neighbor if any of us are interested so that they “know they have competition” somthing that will likely drive the price unreasonably high. Is their any legal mechanism to injunct the sale of the house to allow those of us, including myself in the family who are interested in purchasing it for fair market value to do so before it goes to the market?

—Sale Stopper

Dear Stopper: Medicaid absolutely requires that Aunt sell the house for fair market value. If she fails, Medicaid will hit Grandfather with a penalty period. “So what the heck is ‘fair market value’?” I hear you say. Well, there are many definitions.

My favorite says: Fair Market Value is the price that would be paid by a willing Buyer and a willing Seller with knowledge of all relevant facts.

You may not like that the housing market seems overheated. It sure seems that way to me! Time and again, several buyers will make multiple offers on a single property… and ALL of them higher than the listing price! But that simply IS the market.

The State says different. Every year you get a tax statement on your house with an assessment. By the state Constitution, that assessment (the “SEV”) is supposed to be one-half of your home’s Actual Cash Value. Everybody knows that is just bunk. You would never sell your house for twice the SEV. And neither will anyone else.

So there is only one way to find out what the Fair Market Value actually is. Put it on the market. Find out what other people would pay for the house. Simple as that.

ANSWER TO THE QUESTION YOU DID NOT ASK: Should we sell the homestead, when Grandfather is likely to need Medicaid? No! What Einstein came up with THAT idea? Oh… It was in a video on the Internet… Please tell me you are not falling for that! Er, uh, I mean… Selling the homestead is more than likely an ill-advised course of action. Harumph.

Sell homestead. Spend money for services Medicaid would pay for. Huh? It is possible, however unlikely, that this is a great idea, a brilliant strategy. But I doubt it. Consider that the homestead is a store of value. Leverage it to provide additional services to Grandfather while he is on Medicaid. Call me and I will happily explain in more detail.

What are the tax consequences of caring for my parents (both in hospice) and accepting funds from them from their ssi and saving

My brother and his wife now care for our parents in there home. They have health care poa, I have financial poa. I have agreed to pay them from my parents ssi and savings $10000 per month for the services. They are not trained care givers. I am concerned about tax consequences both employment as payee and as income for my brother.

—Care Medicaid Taxes

Dear CMT: Tax Question You Asked: Any money you pay to brother or his wife to provide services for mom and dad will be taxable income. Brother and Wife will have to pay federal, state, local income taxes. Plus federal self-employment tax. Did I mention Workers’ Compensation and Unemployment Taxes? And now that we have COVID, there’s a whole new raft of requirements. See IRS Publication 926, Household Employer’s Tax Guide. Enjoy! https://www.irs.gov/pub/irs-pdf/p926.pdf

Depending on how you set it up, these burdens will descend on your brother and sister-in-law and/or on your mom and dad. Yes. It is a nightmare.

Medicaid Question You Did Not Ask: Congratulations! You jumped through all the tax hoops necessary to hire family members! Paid all the additional costs. Filed all the paperwork. Now you are an expert! But what about Medicaid?

Unfortunately, even though you already complied with a telephone book’s worth of rules and regulations, you are not done yet. You must submit to Medicaid. If you do not, every nickel legitimately paid for services will be treated as a Medicaid gift. You read that right: Does not matter that you paid taxes, insurance, etc. All those dollars are a gift in the eyes of Medicaid.

Funny thing about the Medicaid rules for paying family members. I do not believe it is possible to comply with them. At least I have never seen anyone comply with these rules. And I believe that is on purpose. Medicaid does not like folks paying family members for care. That was a policy decision made years ago. And we are living with it today.

P.S. There is a Medicaid program of limited scope that will pay family members to be caregivers. But family members cannot pay family members without creating a penalty period. Generally speaking.

Can a person make you sell your primary residence that was left in a will to 2 unrelated people?

My mom’s husband died and left the home equally to her and to his grandson. This has been her primary residence for 25 years. The grandson is trying to make her sell it and move. But she wants to refinance buy him out. But he doesn’t want to do that.

How Sharper Than A Serpent’s Tooth,
An Ungrateful Grandchild!

Dear Sharper: Can Greedy Grandchild evict Sainted Spouse? Maybe. (Don’t you hate that word?) Depends. (Another hateful word!) But in every legal matter, the actual words matter.

Maybe the Will is painfully simple. Let’s say the Will only states that the remaining property is divided between Surviving Sainted Spouse and Grasping Greedy Grandchild. Nice and simple, right? Thank goodness those lawyers did not make it all confusing and hard to understand.

Well, the simple truth is that now GGGrandchild can get the Probate Court to evict SSSpouse. And then sell the property. And then divide the money. Whoops! Where is SSSpouse supposed to live now? Did Old Grand-dad intend to throw his beloved to the wolves? Kick her to the corner?

Maybe the Will is a little more complex. What if the Will states that SSSpouse and GGGrandchild are joint tenants with rights of survivorship. Whoops Again! GGGrandchild cannot evict his step-grandmother (if there is such a thing), but he can now move into the homestead. With his Great Dane. And all his biker-gang friends. Old Grand-dad has a lot to answer for!

Perhaps the Will excludes Grasping Greedy Grandchild by giving Surviving Sainted Spouse an exclusive life estate. She alone can live in the homestead. Until she dies. But then she goes to a long-term care facility. And for the next 10 years, until she passes, no one lives in or uses the homestead. Except a few lonely raccoons. And a bat or two. Whoops yet Again! Because no-one is paying the taxes, the city takes the house. Because no one is living there, it becomes a crack house. Because no one is paying the insurance, it burns to the ground.

On the other hand, Old Grand-dad was a sharp old bird, a crafty codger was he. He put together a LifePlan™. No worries with long term care. At-home care. Assisted Living. Skilled Nursing. No problem!

Yes, there are more words in a LifePlan™. Some folks find it confusing. Truth! But now the results are tailored to the need.

The LifePlan™ provides a Residence Trust for the Surviving Sainted Spouse. She lives there as long as she maintains the property. Pays the taxes. Buys the insurance. What if she needs skilled care at a nursing home or assisted living facility? Now the house can be sold. The cash proceeds are held in trust to supplement the Medicaid benefits she receives. And GGGrandchild? He gets his share. Sooner, rather than later. When all the needs have been met.

It does take work to get it right. Albert Einstein supposedly said. “Things should be as simple as possible. But not more simple.” So it is with your LifePlan™. It is as simple as possible. While being as secure as possible.

Life-Plan™ Salvation For The Middle-Class

The rich do not need me. The poor I cannot directly help. That leaves you. Regular folks. The middle-class savers, workers, builders are the ones who benefit from LifePlanning™. You choose the path of reasonable optimism, while guarding against the potential downsides. Hope for the Best, Plan for the Worst.

The LifePlan™ approach is the least expensive, most effective solution to the harsh reality of long-term care. Open your eyes to long-term care costs. Accept reality. Refuse to allow your lifesavings evaporate like a snowflake on a hot griddle. Recognize the reality of the caregiver spouse dying first, almost half the time and fix it. Reject nursing home poverty.

Not Chance, Your Choice
Uncover The Elephant!

There is nothing inevitable about nursing home poverty. Peace of mind and security are waiting for you. Right now. It is a choice. Despite what “everybody else” says. Despite their attempts to disguise the elephants in the room. For over thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?” “My lawyer/financial advisor/brother-in-law/accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

No Poverty. No Charity. No Waste.
It is not chance. It is choice. Your choice.
Get Information Now.

(800) 317-2812

How Often Do You Get a Second Chance?

NO POVERTY. NO CHARITY. NO WASTE. Make PACE Your Power!

Dedication, Devotion

Just a couple weeks ago. A perfect Sunday morning in late summer. Bright sunshine, warm air, colorful flowers, green leaves.

Two women reading the paper. They could have been sisters. Remarkably similar. Children and grandchildren. Both are reliable volunteers for church and school. Both looking forward to their 50th wedding anniversary.

Comfortable homes with well-tended gardens. Paid for. Substantial retirement savings. No debt. (Thanks to coupon clipping and natural thrift!) Extravagant or expensive habits? None.

Except spoiling their grandchildren at every opportunity. Good-naturedly, of course.

You know these women. The sort of middle-class people who enrich the world by their simple presence. And generosity of spirit. Authentic kindness.

Now, both are primary caregivers for their husbands. Husbands who, after many years as partner and confidant, father and grandfather, best friend and “accomplice,” had fallen victim to Alzheimer’s Disease. Heart-breaking. Life-changing. No description necessary.

These women take their wedding vows seriously. Better or worse. Richer or poorer. Sickness and health. They said it. They meant it. They lived it.

Sure, the kids think it is corny. But these women took the words of JFK seriously: “We choose to do these things, not because they are easy, but because they are hard.” Alzheimer’s is hard.

To be sure, the kids have their own families and challenges. They live out of state. They would like to help, but… Now they think it is a good idea for Dad to be “placed”. What is it with kids these days?

Too Good To Be True?

One Sunday, both women were reading the same article. An account in The Michigan Elder Law Reporter describing the Program of All-inclusive Care for the Elderly, known as PACE.

The Reporter claimed that PACE provided free, at-home care. All pharmacy needs with no co-pays, donut holes, delays, or frustrating paperwork. Specialist care. Respite care. Durable medical equipment. Supplies. Occupational and Physical Therapy. The list went on and on. It even claimed that PACE was intended to help folks just like her. On purpose. Family members caring for loved ones at home. Staying at home.

Most outrageous, though, was the bald statement that their life savings, their home, their cottage, their security, need not be sacrificed to long-term care costs. That a lifetime of shared work could be preserved for themselves, their children, their grandchildren. How could that happen?!

They remembered similar articles … published over the summer and winter of 2020-2021. And the warning that the special COVID rules would expire on November first. Too late. But now comes the news that these rules were extended to April 2021! And yet again the COVID rules that expand eligibility were extended! “Until further notice…” Whatever that means, right?

Two Roads Diverged In A Wood, And I – I Took The One Less Traveled By…

And this is where the women made different choices.

One said to herself, “Stuff and Nonsense! I pity anyone foolish enough to believe this… Promises, promises! Too good to be true! I didn’t believe it last summer and I don’t believe it now! Fiddle Faddle.”

The other thought, “I heard of this back in July, then in the fall, and again in the springtime. I still didn’t act. Is it possible that I have another chance? Is Someone trying to tell me something? Maybe I should find out more…”

Five years quickly passed.

And That Has Made All Of The Difference

Another fine August morning. But now these women are not so much alike. They had made different choices. They got different results.

Pride Goeth Before A Fall

One was physically exhausted. Twenty-four hours a day. Seven days a week. Constant caregiving was taking a heavy toll. Worse was the mental stress. Facing bankruptcy. She gladly spent the life savings to pay home health care workers. Selling the cottage? No, she didn’t mind it. That money was long gone. Days at the lake a distant memory. The grandkids can learn to swim at the Y.

She was still bound and determined that her husband would never wind up in one of “those places.” Then the cash ran out. She gritted her teeth and took a loan against the house. Twice. Plus a line of credit. In desperation, she turned to cash advances on the credit cards.

In her pride, she did not share the burden with her friends or children. She chose a solitary journey. Until the inevitable day when the house of cards collapsed. She reached for the phone to call her eldest child.

She never imagined living in a senior housing project. Well, at least the bill collectors had stopped calling. Pathetic? Pitiful? Or just sad…

The other woman was at the cottage window watching her grandchildren fish from the dock. The last few years had been tough. Her husband no longer knew her or their children. She was making the best of a bad situation. But. Her health was good. The PACE folks were a blessing. No worries. PACE had installed a wheelchair ramp at their home. Several times a week, expert aides came out to attend to her husband’s hygiene. During that coronavirus problem so many years ago, they even helped with her grocery shopping. And housekeeping. In addition to all the medical support. She knew her future was secure. She did not face it alone. Life savings protected. Life choices respected. “Well,” she thought, “sometimes “too good to be true turns out even better.” Sympathy for her tough row to hoe. Tempered by respect for her wise decisions.

I Have Finished The Course, I Have Kept The Faith

Several months later.

At the first woman’s funeral, her friends agreed. It was tragic. Pitiful, even. She had run the race. She had fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Pouring out the savings and accomplishments of a lifetime in a few short years. But. Is there anything more tragic than needless suffering? Doing very well something that did not have to be done at all?

As one mourner observed, “She killed herself with work and worry, all to keep him out of “those places.” And where is he going now? One of “those places.”” It is more than sadness that we feel when a good person refuses the helping hand. It is more than regret when refusal leads to unfortunate consequences.

Not far away, at about the same time.

After the preacher’s kind words at the cemetery, the other woman turned from her husband’s grave. She too had run the race, fought the good fight. She had been there for him to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heart-breaking. But not tragic. Surrounded by family and friends. Secure. Respected. Gracefully accepting sympathy without a hint of pity. At peace. What did the Lord have in store for her now? She did not know. But she looked forward to finding out.

The Difference

Most people, reading this article, will choose the path of the first woman. Most people, faced with long-term care costs, will close their eyes. Hope for the best. And watch their life savings evaporate like a snowflake on a hot griddle. Why does the caregiver spouse die first, almost half of the time? Why do hard-working, prudent, frugal, middle-class folks accept nursing home poverty? Most of the time?

Not Chance, Your Choice

There is nothing inevitable about losing your home, cottage, business, lifesavings, independence, security. All of that is a choice. Despite what “everybody else” says. For thirty-one years, people have told me, “I’ve never heard of this before!” “If this is real, why haven’t I heard of this before?” “My lawyer/financial advisor/ accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

Well, here you are. Reading The Reporter. So now you know. No excuses. The Reporter is here to provide information, insight, inspiration. Now it is your turn. To ignore the message. Invite poverty. Or get the freely offered information. To make wise decisions about your life. And that of your loved one.

It is not chance. It is choice. Your choice.
Get Free Information Now.

(800) 317-2812

For Richer, For Poorer, In Sickness and In Health

The big dance – 1963
Betty and Wilma were like sisters. Without the sister drama. Since their first day at Lansing Central High, two years ago. Now Betty was organizing a dance with some Lansing Tech Junior ROTC guys. She had her eye on Barney, a fella who made that uniform look good. And Barney had a friend, Fred, a shy guy, just like her friend Wilma. Anything can happen at a dance, you know. When will Saturday get here?

On Thing Leads to Another

That dance was just rehearsal for the big dance Wilma and Fred, Betty and Barney would lead through their lives. After graduation, the guys got their union cards and entered the wonderful world of GM’s Lansing car assembly. The ladies followed.

Betty and Wilma did not stay long in the steno pool. Wilma loved to get things just right. Call it perfectionism if you want to, that talent got Wilma assigned to quality control. Eventually she headed the plant’s QC efforts. Betty’s organizational skills landed her in the plant manager’s Office, as executive secretary.

Betty and Wilma did not stay long in the dating pool, either. Fred and Barney knew a good thing when they saw it. Before long they “put a ring on it” and got busy raising families too.

It was a sad day in April 2004 when the Olds plant shut down for good. They were all retired, but it still hurt. The guys made a pilgrimage to the old place every springtime. Both couples were doing fine. Their homes were paid off and worth about $175,000. With $200,000 in savings and $75,000 of life insurance, they felt secure. Not to mention having prepaid their funerals. Each couple had three kids and three grandchildren. They even like the in-laws!

Nothing Good Lasts Forever… Gathering Clouds

Just few years ago. Another perfect spring. Bright sunshine, crisp air with a bit of warmth, the smell of new growth, green leaves.

Two women of a certain age. Maybe sisters. Alike in many ways. Both were mothers and grandmothers. Respected. Looked up to.

Reliable volunteers for church and school. You want it done right? Get Betty and Wilma on the case. Rapidly approaching their 50th wedding anniversary. Time flies.

You have friends like these women. Middle-class people who enrich the world. Generous spirits. Authentic kindness. Get it done attitude. Nice homes, colorful gardens. Debt free.

Comfortable cash cushion (not that the kids would know). Coupon clipping and natural thrift. No extravagant or expensive habits. Except spoiling their grandchildren. But what is going on with Fred and Barney? Why does Fred put the car keys in the refrigerator? Barney gets so confused with the simplest things. And it is getting worse.

2020… The Storm Breaks

Betty and Wilma are now their husbands’ primary caregivers. Barney and Fred, after many years as partner and confidant, father and grandfather, best friend and “accomplice,” have fallen victim to Alzheimer’s disease. Heart-breaking. Life-changing. COVID isolation on top of it all. No description necessary.

Wilma and Betty take their wedding vows seriously. Better or worse. Richer or poorer. Sickness and health. They said it. They meant it. They lived it.

Maybe the kids don’t get it. But these women took JFK at his word: “We choose to do these things, not because they are easy, but because they are hard.” Alzheimer’s is hard. Alzheimer’s plus COVID is even harder.

Yes, the kids have their own families and challenges. They live out of state. They would like to help, but… travel ban. Now they think it is a good idea for dad to be “placed”. What is it with kids these days?

A Real Lifeline… Too Good to be True?

A pleasant Sunday, May 2021, both women were reading the same article. An account in the Michigan Elder Law Reporter describing the program of all-inclusive care for the elderly, known as PACE.

The reporter claimed that PACE provided free, at-home care. All pharmacy needs with no co-pays, donut holes, delays, or frustrating paperwork. Specialist care. Respite care. Durable medical equipment. Supplies. Occupational and physical therapy. The list went on and on. It even claimed that PACE was intended to help folks just like her. On purpose. Family members caring for loved ones at home. Staying at home.

Most outrageous, though, was the bald statement that their life savings, home, life insurance… their security, need not be sacrificed. Their lifetime of shared work could be preserved for themselves, their children, their grandchildren. How could that happen?!

They remembered similar articles in the reporter… published over 2020. And the warning that the special COVID rules would expire, but were then extended to November, then extended to April 2021, then extended “until further notice.”

Two Roads Diverged in a Wood, And I – I Took the One Less Traveled By…

And this is where Betty and Wilma made different choices.

Betty said to herself, “stuff and nonsense! I pity anyone foolish enough to believe this… promises, promises! Too good to be true! I don’t believe it! Fiddle faddle.”

Wilma thought, “I heard of this last year and didn’t act. Could this be my second chance? Maybe I should find out more…” Five years quickly passed.

And that Has Made All of the Difference

Another fine spring morning. Betty and Wilma are still best friends. But not so much alike anymore. They made different choices. They got different results.

Pride Goeth Before a Fall
PROVERBS 16:18

Betty was physically exhausted. Twenty-four hours a day. Seven days a week. Constant caregiving for Barney took a heavy toll.

Emotional stress was worse. Bankruptcy. Lifesavings did not last long paying home health care workers. Cashing in the life insurance? No, she didn’t mind. That money was long gone.

Betty was still bound and determined that her barney would never wind up in one of “those places.” Then the cash ran out. She gritted her teeth and took a loan against the house. Twice. Plus a line of credit. In desperation, she turned to cash advances on the credit cards.

In her pride, she did not share the burden with Wilma or her children. She chose a solitary journey. Until the inevitable day when the house of cards collapsed. She reached for the phone to call her eldest child. She never imagined living in a senior housing project. Well, at least the bill collectors have stopped harassing her.

She is Clothed with Strength and Dignity; She Can Laugh at the Days to Come
PROVERBS 31:25

Wilma stood at the kitchen window. Watching her grandchildren play in the yard. The last few years had been tough. Fred did not recognize her or their children. She was making the best of a bad situation. But. Her health was good. The PACE folks were a blessing. No worries. PACE aides came out to help with Fred several times a week. During COVID so many years ago, they even helped with her grocery shopping. And housekeeping. Plus all the medical support. Wilma’s future was secure. She did not face it alone. No poverty: life savings protected. No charity: PACE was a return on all those tax dollars.

No waste:
Her legacy will endure for years. “well,” she thought, “sometimes “too good to be true turns out even better.”

I Have Finished the Course, I Have Kept the Faith
2 TIMOTHY 4:7

Several months later.
Betty’s funeral. Wilma thought about her best friend. It was tragic. Betty ran the race. Betty fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Rapidly pouring out the savings and accomplishments of a lifetime. All gone in the blink of an eye.

Is there anything more tragic than needless suffering? Striving to do something that did not have to be done at all? Wilma had to say it: “Betty killed herself with work and worry, all to keep barney out of “those places.” And where is he going now? One of “those places.”” When a good person refuses the helping hand, it is more than sadness. When refusal leads to catastrophe, it is more than regret.

The next year.
After the preacher’s kind words at the cemetery, Wilma turned from Fred’s grave. Wilma too ran the race, fought the good fight. Wilma had been there for Fred to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heart- breaking. But not tragic. Surrounded by family and friends. Secure. At peace. What did the lord have in store for her now? Wilma did not know. But she looked forward to finding out.

The difference most people, reading this article, will choose Betty’s path. Most people, faced with long- term care costs, close their eyes. Reject reality. Hope for the best. As lifesavings evaporate like a snowflake on a hot griddle. Why does the caregiver spouse die first, almost half of the time? Why do hard-working, prudent, frugal, middle-class folks accept nursing home poverty? Most of the time?

Not Chance, Your Choice

There is nothing inevitable about losing your home, cottage, business, lifesavings, Independence, security. All of that is a choice. Despite what “everybody else” says. For over thirty years, people have told me, “I’ve never heard of this before!” “if this is real, why doesn’t everyone do it?” “my lawyer/financial advisor/brother-in-law/accountant/tax person/ banker/best friend/fill-in-the-blank never said anything like this…”

Well, here you are. Now you know. No excuses. Wilma or Betty? You have the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

NO POVERTY. NO CHARITY. NO WASTE.
IT IS NOT CHANCE. IT IS CHOICE. YOUR CHOICE.

GET INFORMATION NOW. (800) 317-2812

Amazing Secrets Of Functional Families

Lawyer Reveals Shocking Insider Information

Revealed: Ancient Wisdom From Centuries Past

If you are like me, it is hard to turn on the television. Not because you cannot find the clicker. Not because you must go through a 12-step sequence just to watch a show. If you are like me, TV means a never-ending parade of Doofus Dads. Guys who are unlike anyone I know. Bumbling, fumbling. Embarrassingly rescued by the superior wisdom of their 10-year-old kid. Or other family member. It gets old. Tiresome. You take it in stride, but you do not like it. And it is everywhere. In commercials, dramas, comedies… even the “news.” Who is the idiot? Dad. Makes me sick… you too?

Most guys I know work hard. Provide for their families. Do good things. Become fathers. Accept their responsibility and do their best. And it has pretty much always been this way. Some folks say that we all become our fathers. There is truth in that saying. Most guys have had the experience of talking to their kids and realizing… I am saying the same things my dad said to me… in the same way! Ancient wisdom, handed down through the centuries. “Make your bed.” “Clean up your toys.” “Play nice with your sister.” “Don’t let money burn a hole in your pocket.” “Don’t complain, don’t explain.” “Measure twice, cut once.”

Guys like you have honored me over the last 31 years with your confidence. When I first got started, about a third of you were World War II vets. A sailor, captured on Wake Island a couple of weeks after Pearl Harbor. A machinist mate on the Yorktown at Midway, who “went swimming” when the torpedoes sank her. A P-51 Mustang pilot wounded by a bone-breaking bullet through his leg, who still made it home. My own uncle, a PT boat captain in the Pacific. Some at Normandy. Some serving with Patton. All guys. All competent. All dads. Most all of them have passed. But the wisdom remains.

The More Things Change, The More They Stay The Same
Your Turn Now

The men I meet today are not so different. Challenges have changed, but the calm competence remains. The eager willingness to take on tough jobs, to accomplish worthy goals. So different than the stereotypes of popular culture. Let us remember the importance of passing along this “ancient wisdom.” We owe it to our sons and daughters.

News has always been supported by selling advertising. Today that means clicks. Attention-grabbing headlines, so-called “click-bait”, are everywhere. Resistance to facts. Ignorance of history. Rejection of logic. Suspicion of reason. Why not make your life an antidote to the crazy?

But how?

When you avoid nursing home poverty, you demonstrate that your lifetime of constructive work was well worth the effort. You and your spouse remain secure and in control. At the end, the leftovers, your remaining assets, become a thoughtful legacy for those you leave behind. Actions speak louder than words.
That is a powerful message. Hard work does pay. Enduring faithfulness has rewards that extend through time. Results justify the struggle.

Not Chance, Your Choice

You can continue your legacy… there is nothing inevitable about losing your independence and security. All of that is a choice. Despite what “everybody else” says. For thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?”

You know the answer… it is the same answer for most questions about why people do not do what is best.

The Answer Is: It is hard. Difficult. Not easy. Like being a good, faithful father, a devoted dad. There are no shortcuts. Only by doing it right do you get the results.

Well, here you are. Now you know. No excuses. You have the information, insight, inspiration. Now it is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

No Poverty. No Charity. No Waste.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

Traditional Trusts Fail Families. Save The Cottage!

Summertime Stories

Remember Grandma’s Cottage? You learned to swim there. Caught your first fish (what do I do NOW?!). Stealing bacon for bait when you ran out of worms. The leaky rowboat. Crammed with your cousins in sleeping bags on the “living room” floor. Trading stories in the dark. Grownups yelling “Shut up and go to sleep!” from the patio. Waiting for the charcoal to get just right. Hotdogs on the grill. Toasting marshmallows. Fireflies. That particular musty damp smell. Whatever happened to that place?

Well, they put all us kids on the deed, but it was sold when… Grandpa went into the nursing home… Uncle Chuck went bankrupt… Aunt Susan’s kids kept trashing the place… Aunt Beth got divorced… Cousin Ed needed college money… We just didn’t go anymore… Many reasons, no more memories, no more stories.

But the Cottage can be saved. You can do it. Your kids and grandkids can live those stories, create those memories. Share experiences. Bond as a family. Build the stories they’ll tell the next generation. Crammed with their cousins, in sleeping bags, in the same “living room.”

Do Not Trade The Cottage For The Nursing Home

Most folks simply do not plan for long-term care. You have heard bits and pieces. Old lake friends forced sale to pay the bills. Horror stories. Bad luck. Tough. Sorry it happened to them. Could not happen to your family.

Clarity is the first step. Estate planning is not about the next generation. It’s about you. Right now. Preserving what you own. Protecting what you value. Traditional estate planning fails families. Most folks eventually need long-term care. Most folks eventually sell the Cottage to pay for it. Simple as that.

You can avoid nursing home poverty. Why isn’t it your top priority? How? LifePlanning™. This system acknowledges that middle class prosperity and independence are destroyed by long-term care costs. LifePlanning™ first protects the Cottage and other family assets. Once life savings are protected, the family can intelligently and purposefully plan for life choices respected.

Now the Cottage is protected and purposefully planned. Life choices respected. No threat from health care, lawsuits, or long-term care expenses. Now we are able to look to the future. Some fundamentals are key.

Estate planning is not about the next generation. It’s about you.

Cottage Life Cycle

Cottages have a life cycle that is remarkably consistent. Ignoring the Cottage Life Cycle practically insures failure. Most planning ignores the Cottage Life Cycle.

Little Kid: Grandma’s Cottage is a magical place: sunny days, puffy clouds, fish a-biting, campfires, friends, swimming. Let’s go! Glorious!

Teenage Years: Grandma’s Cottage is a stinky dump. Why do I have to go? Not cool. Get me outta here!

Young Adult: Bills, bills, bills. Cottage? Sorry: no time, no interest. Cash me in my share of Grandma’s Cottage. So, what if you have to sell it? I ain’t got time for that now.

Married with Children: Gee, whatever happened to Grandma’s Cottage? Too bad our kids won’t have that experience. We can’t afford a Cottage at today’s prices. Even the rentals are outrageous. Too bad.

Grandma’s Cottage begins and ends as the most desirable place in the world. But in the meantime, urgency overrules importance, and the Cottage is sacrificed. Bad luck. And it doesn’t have to be that way. You can have both nostalgic memories and today’s adventure.

Two Traditional Techniques, Two Ways To Fail

Families have failed for generations to protect the family Cottage. I blame the lawyers who advise poorly. You think they would have learned by now. You would be wrong. For generations, the most popular techniques are “last man standing” and the “corporate model.” Both facilitate failure.

Last Man Standing

By far the easiest, cheapest, most popular, and least likely to succeed: “Putting the kids on the deed.” Usually as joint tenants with rights of survivorship. Sometimes (usually by mistake) as tenants in common. Disaster! Joint tenancy equals no rules. Everyone can do anything. No one must pay. And you cannot get out of it. Except by death. Example: Grandma and Grandpa put Aunt Sue and Uncle Chuck “on the deed.” They pass on. Aunt Sue pays all the taxes, utilities, upkeep. Uncle Chuck brings his 30 closest outlaw biker chums for the weekend. Every weekend. Aunt Sue cannot prevent it. Cannot stop him. Cannot make him pay his “fair share.” And if Uncle Chuck lives longer than Aunt Sue, he owns it all. It happens. Failure. But it does avoid probate… whoopee!

Sometimes, when one kid has great financial need (real or imagined), the others will agree to sell the Cottage. Failure again.

Corporate Calamity

So how about some rules? Great idea! And that is the basis for the “corporate model.” Create a limited liability company (“LLC”). Now there are rules. But a new problem. The corporate model gives each beneficiary the right to leave. And to be paid off. Compensated for their share of the Cottage. That is when the corporate model fails. Sooner or later, someone wants out. And they have a right to money. Which the family does not have. Forced sale of the Cottage. Failure.

Remember the Cottage Life Cycle. At some point, each beneficiary will “need” the money more than the Cottage. My experience is that it only takes one. One kid to say “Cash me in.” And then the Cottage is sold. Memories last forever, but that’s the end of the Cottage experience.

A New Hope: The National Park Model

Weaknesses of the Two Traditional Techniques are painfully obvious. And have caused great pain in thousands of families. New hope comes in the National Park Model. It is simple.

Grandma and Grampa want future generations to have magical, irreplaceable experiences. Grandma and Grampa know Cottage Life Cycle. They have seen it in operation. They want to guarantee their legacy.

Here’s the idea: National Parks were established to preserve the irreplaceable. Fill in the Grand Canyon? There isn’t another one. Pave over Yellowstone? Gone for all time. But. Set these treasures aside. Prohibit selfish or short-sighted decisions. Focus on the far future. Now things look different.

You can’t “cash in” your share of Yellowstone or Yosemite, just because you don’t plan to go. Why should you be able to “cash in” the Cottage? And wreck it forever?

You can’t just throw down a tent and sleeping bag in a national park. You have to pay the expenses you create. Why should anyone freeload on the Cottage? Why not establish a budget and other mechanisms that will ensure long term viability?

That’s how dozens of families are now protecting the Cottage today. Rules for harmony. Preserving the past for the future. Pay as you go, while building reserves. No desperation. No leaky roofs. No unpaid taxes.

The National Park Cottage Trust works well in many contexts. The hunting property. The family farm. The townhouse. Clarity eliminates family strife. Reliable rules cement family relationships. In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven? Traditions that will endure. Memories down through the ages. Without regret.

In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven?

Taking Care Of Yourself Is Taking Care Of Your Family

Too many families have the story of the Cottage, the Farm, the Hunting Cabin that “got away.” Your family does not have to suffer a similar fate. You can be the author. Rewrite the future story of your life and your family’s. The National Park Model approach preserves resources, strengthens relationships, achieves your highest goals. And when your great-great-great grandchildren laugh with delight, learning to swim, fish and camp on the Cottage you provided for them… Well, I expect you’ll hear it, all the way over on the other side of the Great Divide.

Call (800) 317-2812

Medicaid Penalty Period Explained | Your Letters, Your Questions…

(Note: Not Legal Advice!)

“What can I do to protect a property transferred via quit claim deed 2 years prior to entering assisted living from Medicaid?”

Two years ago, my father transferred a family property… to me via quitclaim deed. Currently no one resides there. He may be entering assisted living and it’s my understanding Medicaid can seize property within five years of transfer for estate recovery… Are there any steps that I can take prior to him entering assisted living to protect the house? He does currently own a… primary residence.

The Answer Is: It is complicated, but there are things you can do.

Divestment Definition & Dilemma

Dad deeding the “family property” to you was “divestment.” Divestment is the “transfer of a resource for less than fair market value.” Dad must report all divestments that were made within 60 months (that’s 5 years) before applying for Medicaid. If Dad gave stuff away in the 60 months before applying for Medicaid, Medicaid will impose a Penalty Period.

Penalty Period Pain

Here is how the Penalty Period works. Medicaid says that for every $9000 Dad gave away, Medicaid imposes a one-month penalty. In other words, Medicaid will not pay for Dad’s long-term care for a month for each $9000 Dad gave away. The Penalty Period, however, does not begin until Dad is broke and in long-term care.

What It All Means

If the “family property” that Dad gave you is worth $90,000, the Penalty Period will be 10 months long. The 10 months begins when Dad has no more money ($2000) AND Dad is in long-term care. Medicaid will not pay Dad’s bill. Dad has the Homestead, but no money. The bill does not get paid.

Nursing Homes do not like to not getting paid. Nursing Homes sue people who do not pay them. Nursing Home sues Dad. Dad sells Homestead. Now Dad has cash to pay the nursing home bill.

Dad spends all his cash. Now Dad has no money. But Dad still has a PENALTY PERIOD! Medicaid still will not pay. Nursing Home still does not like to not get paid. Nursing Home sues Dad again. Now Dad has nothing.

Nursing Home sues you. If Dad had not given the “family property” to you, Dad could have sold it to pay his bill. Giving the property to you is called a “fraudulent transfer.” Ugly name, ugly result. You sell the property and turn the cash over to the nursing home.

When this cash runs out… Dad still has a Penalty Period! But too bad, so sad for the nursing home now, because Dad has been drained dry.

Let’s rewind the clock…

Solution #1: PACE TO THE RESCUE

Dad is still at home. Situation is not yet desperate. Is it possible for Dad to remain at home, if he received a certain amount of care?

Program of All-inclusive Care for the Elderly (“PACE”) might be the solution. PACE is Medicaid. PACE is administered by private organizations that manage the government/Medicaid dollars to keep your loved one at home. PACE does not provide 24/7/365 round-the-clock nursing care. But PACE enables thousands of folks to stay at home. Folks who would otherwise be in skilled nursing or assisted living.

REALLY GOOD NEWS ABOUT PACE: Right now, until further notice, PACE does not care about divestments. There is no Penalty Period. Dad keeps the Homestead. You keep the “family property.” Nursing Home gets paid by Medicaid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Solution #2: PAY THROUGH THE PENALTY PERIOD

This gets a bit complicated. Medicaid pays when Dad has no money. Medicaid says that income is not money. Medicaid says that certain payments received from certain annuities is income.

Dad still has a 10-month Penalty Period. But what if Dad has some cash? Like $90,000 of cash? Now he can pay for 10 months. But if he has cash, then he is not broke. If he is not broke, the Penalty Period does not begin.

We put the cash into the certain kind of annuity. That pays a certain amount in a certain way. When we do this, Dad is broke. Dad has no money. But Dad does have enough INCOME to pay the Nursing Home through the Penalty Period. At the end of the 10- month Penalty Period, the annuity is empty. And there is no more Penalty Period.
You keep the “family property”. Dad keeps his Homestead. Nursing Home gets paid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

SOLUTION #3: LIST THE FAMILY PROPERTY FOR SALE
I just spent an hour and a half trying to write up this strategy in a way that does not lead to total confusion. I cannot do it. Suffice to say that there is a third strategy. The third way does work. I am happy to explain it in person. But I cannot make it fit on this page.

Call me! I will explain it. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Simple Solutions To Complex Conundrums

Everybody wants a simple solution. So, do I. But that’s not always possible. The bad news is that we cannot make this stuff easy. The good news is that we can make it easy for you.

You Choose!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP OR ATTEND A LIVE WEBINAR FROM HOME…
(800) 317-2812

The Middle Class Is Broke Because Estate Planning Is Broken

How The Rich Do Long-Term Care

Spoke with a smart person last week. She works for a gigantic financial services company. You know the name. The company is excellent. She is excellent. Her team’s job is to look out for about 150 families. “Wealth Management.” They are good at it. Her families do not go broke.

I was curious… “How do you deal with long term care?”

“A cornerstone of our work, of course. You cannot ignore it.” She said.

“But how do you do it?” I persisted.

I was disappointed in her reply. She talked about “asset allocation.” Used the same words and phrases I had heard from other financial professionals. Stuff I have seen fail over and over again. Very disappointing. Burst my bubble. No insight here. And she had seemed so perceptive. But it was the same old, same old. Recycled stuff. Your own financial advisor gave you the same advice. Put so much over here, so much over there. Et cetera.

“That’s all well and good,” I said, “But don’t your folks go broke?”

She laughed. “No, never.”

“Never? I find that hard to believe. Long-term care is expensive.”

“Yes, it is,” she agreed. “But fifty million dollars is quite a bit of money.”

Demonstrating my keen intelligence, I replied, “Huh?”

“Well, our minimum is fifty million of investable assets…”

And then the lightbulb moment…

“Ohhh!”

How the rich do long-term care. From their (minimum) fifty million, their team of professional investors allocates a few million to long-term care issues. Problem solved. For them. Unfortunately, that is what your financial advisor is doing for you. That is why your family faces nursing home poverty.

We Are Not The Rich. Their Solutions Do Not Work For Us

Let me tell you about the very rich. They are different from you and me. [U]nless you were born rich, it is very difficult to understand.

—F. Scott Fitzgerald

Why aren’t your advisors looking out for you? Why all the parrot talk about asset allocation, hybrid insurance products, investment strategies? Why the outright denial and plain avoidance? Why won’t they level with you?

Maybe they do not know any better. Maybe they think that the same strategies that work for the wealthy will work for the middle class. Maybe they are doing the best that they can. Maybe they cannot help it.

Consider the possibility that your advisor learned “best practices” from a “wealth management” guru. Your advisor’s teacher excelled at preserving and growing “old money.” Your advisor was inspired by someone who hobnobs with wealthy folk day-in and day-out. The result: Your advisor may know how to deal with rich people. But what does that have to do with you?
Exactly nothing. According to Ernest Hemingway, the rich are different than you and me. “Yes, they have more money.” Planning for $50,000,000 is not like planning for $500,000. How is that not obvious?

Broken: How The Middle-Class Does Long-Term Care

You spend. And spend. And keep on spending. $12,000 each month for skilled care. $6-7500 each month for assisted living. $25 each hour for companion care at home. More if you want a certified nursing assistant or nurse. Asset allocation? Hardee-har-har.

And then you are broke. Medicaid to the rescue!

Your estate plan is meaningless. Your financial plan is out the window. Your lifetime of work and savings has evaporated. Middle class planning that fails is broken. Let us be honest.

What if we faced the fact that you are not the Great Gatsby? That you do not have a couple million to allocate to long-term care? That long-term care for middle class people like us means Medicaid? Sooner or later, Medicaid will be the solution. Four out of five people in skilled nursing facilities are on Medicaid. 80%. That is reality. Thousands of families receive at-home care through Medicaid. That is also reality.

Fix It: The Middle-Class Can Win Long-Term Care

Recognize that long-term care is a reality for the vast majority. Two-thirds of women, half of men are eventually institutionalized. Accept that Medicaid is the way America pays for long term care.

Anticipate. Plan to preserve your lifesavings. For yourself. For your spouse. For the next generation. The world needs you and your values. Dying in poverty is no way to demonstrate success.

There are 3 goals of LifePlanning™
#1 No Poverty. You will not go broke. Your choices will matter. Your family will succeed.
#2 No Handouts. You have paid into the system with every paycheck, every IRA Required Minimum Distribution, every tax payment. You are not looking for charity or a free ride. Only a bit of fairness.
#3 No Waste. Your hard-earned savings will not be wasted on probate. Will not be thrown out the window. Will not be intercepted by predators or creditors. Your legacy will be of life well-lived. And support for the next generation.

There is no problem with rich folks being rich or planning that takes account of wealth. Good for them.

There is a big problem with advisors giving the same advice to middle class workers and savers that they give to those rich folks. Do not fall into this trap. Learn how. It is super easy. Barely an inconvenience. On your schedule. In the comfort and safety of your own home. In the comfort and safety of one of our workshop rooms. In the comfort and safety of wherever you find comfort and safety.

Sending Just Money To The Next Generation – Easy. Worthless.
Sending Money With Values To The Next Generation – Difficult. Priceless.

Sixty minutes to personal control. Because you earned it. Avoid Nursing Home Poverty. Thousands of middle-class families have learned and use these techniques. Why not yours? Transmit your values along with your stuff.

Got Questions? Get Answers! (800) 317-2812

Your New Opportunity For Free At Home Care

You are tired. Caring for a loved one with dementia is no joke. You are worried. Where is the money going to come from? Lifesavings almost exhausted. Maybe a home equity line of credit… maybe credit cards… how long can I keep putting one foot in front of the other? What to do? So many people saying so many different things… Take a break with the newspaper… Boring… What does any of this have to do with me? Nothing but bad news anyway… Maybe that lawyer guy always yapping about nursing homes and such has something to say…

Emergency Rules Effective “Until Further Notice”

April 1st Cut-Off Rescinded! Free At-Home Care For Middle Class Taxpayers

Nobody Wants To Be Institutionalized:

Basic Facts
Thirty-nine years as an attorney. Thirty-one years focused on estate planning and elder law. Helping thousands of families deal with Alzheimer’s, Lewy Body, Parkinson’s, ALS… Watching Dad cope with Mom’s vascular dementia and death. One year of pandemic lockdown. One year of unnecessary death. By “Executive Order.” Here is what I see:

Great! 40 years of ignoring regular folks…
Big shot lawyer-guy… What do they know?
What does he care?

Fact #1: Your husband, wife, mom, or dad does not want institutional care. Neither do you. You want to stay home. So do they.
Fact #2: Institutional Care is COVID-19 deadly. How deadly? Very. At least 70 times greater. But cooked books in New York means we do not know just how deadly.
Fact #3 Institutional Care is Expensive. Assisted Living is $4000-$6000 per month. Nursing Home is $10,0000-$15,000 per month.
Fact #4: Your family is going broke. Nursing Home Poverty.
Fact #5: Medicaid pays when you are broke. Busted. Played out. Sell the cottage. Cash in the CDs. Spend the savings. When your lifesavings are gone, you can share a room. Get a shower a week (whether you need it or not). Experience the adventure of group laundry. Listen to your roommate practice his Tiny Tim impression, Tiptoeing Through the Tulips. At Two in the morning.
Fact #6: You want to care for your loved one. “Richer or Poorer, Sickness or Health, Good times and Bad” “Honor your Father and Mother.” You take this family responsibility stuff seriously.
Fact #7: Caring for you will kill your spouse. Break up your kid’s marriage. Caring for your spouse will kill you. Caregivers die first 40-50% of the time.
Fact #8: You can fix all of this. It will not cost you your lifesavings. Or your home. Or the cottage. Or your business.
Fact #9: Most folks would rather suffer the consequences than call 800-317-2812. Or take any other positive action.
Fact #10: Refusing the help you have paid for with your taxes. That is the tragedy.

Sounds wonderful! Sure. What does that guy know about tragedy? That stuff never works anyway. Not for us. We just pay and pay.
Promises, Promises, I’m all through with promises, promises now… One foot in front of the other… It is getting worse…
Doesn’t recognize the kids anymore… Hardly knows who I am… But I can do this! It’ll be OK… Somehow.

You Need Help. But. The Care Is Too Damn Expensive!

Yes. Yes, it is. Care is expensive. Caregivers are difficult to find. The work is hard. The hours are long.
Program of All-inclusive Care for the Elderly (PACE) is the answer.

You or your loved one is safe at home, with family support. But you need care. Maybe not a lot, but more than a little. Just enough to keep you at home. That is where PACE comes in.

Compared to traditional, institutional care, PACE is a bargain. Much less expense. Meeting the need. Not so expensive. For the government. PACE is free to you.

Now: Expanded Eligibility

PACE is a privately run program. Paid for with your tax dollars. The tax dollars you contributed while working. The tax dollars that come out of every Social Security and pension check and IRA/401(k) distribution you receive. You have earned PACE.

But you must qualify. Maybe you have been told to sell the cottage. Or the farm. Or the hunting property. Maybe you have been told to “spend down.” No more CDs for you! Cash in those stocks and bonds. No security. Not for you. Not for your spouse. Not for your family. But…

Last year we reported good news about PACE. Emergency Rules. Eligibility expanded for thousands more families. Keep your life savings, cottage, farm, rental properties, business. Poverty is no longer required… provided you follow the complex rules. Care services are free. Keep your income. No co-pay. No doughnut hole. No other contribution.

Last year the State of Michigan said the special rules would expire in June. Then the State of Michigan said the COVID rules would expire in November. Then the State of Michigan said the emergency rules would expire in April. Getting dizzy yet?

Last week, the State of Michigan changed its mind again. Remember, these expanded rules have saved thousands of middle-class families like yours from nursing home poverty. Well, the State of Michigan said that these very beneficial rules would remain in effect, “UNTIL FURTHER NOTICE”!

Many Michigan families have already acted on this information. They are securing at-home care for their loved ones. PACE keeps them safe from the deadly COVID-19 virus stalking long-term care facilities.

Just like the government… keep changing things.
Do it this way, do it that way… Masks are awful… Masks are great… Six feet distance… Three feet distance…
Even if I try to go for that PACE thing, they’ll just change the rules again and we’ll be really be up a creek…
Still, might be nice to get some help… Wakes me up at all hours… Just wandering through the house…
How much more can I take? One foot in front of the other… So lonely…

Healthy Skepticism Or Deadly Doubt?

Many more families could benefit. But tragically, they cannot believe it is possible. Healthy skepticism hardens into stubborn rejection. Everyone suffers. Clinging to the idea that it is “too good to be true” or “fake news”? Pitiful. I’ve spoken to some folks who were uncertain and suspicious. Accurate information and proof beat unfounded fears every day. Fact: You do not have to accept nursing home poverty for yourself or your loved one.

Exactly… just a come-on. Fake news. Never works for real people. Can’t fool me with that too good to be true crap. What does a lawyer know about long-term care anyway? Shysters! What do they care? We won’t get fooled again…

Do You Or Your Loved One Qualify?

Answer Yes To 3 Questions:
1. Need help with activities of daily life? Memory problems? Oxygen therapy? Blindness? Dialysis? These are just a few of the many ways to qualify.
2. Are you safe at home?
3. Gross social security less than $2382? (Special rules for pension income.)

Let’s do the homework together. Most folks get large benefits. It costs nothing to find out.

Get Answers Now: 800-317-2812

Yeah, yeah… it’s dementia… Of course, we need help with daily routine… Of course, there are memory problems… not thinking straight… Still safe at home, as long as I’m around… I wish we
got that much social security! What’s a pension? “Large benefits” huh… I’m so sure… “Costs nothing” who believes that? It would be nice, though… Bah… nonsense!

Covid-19 Rule Changes Will Not Last

COVID-19 emergency rules are temporary. The benefits are permanent. When the emergency is over, these favorable rules will be gone. Of course, this may not be for you. Why not find out? Is it so bad to get back a little from the tax dollars you have paid? Call our Discovery Paralegal at 800-317-2812. Why not find out now?

Sure, it might be nice to get something back from taxes, but that is not how it works… $1400… whoop-de-do… We need real help, not window-dressing…

What Benefits Does Pace Provide?

Folks always want to know: What can PACE do for me? You have a team on your side. Your PACE team is doctors, therapists, dieticians, nurses, physician assistants, administrators. All work together to provide the best solution. Want more detail? You can receive:

ADULT DAY HEALTH CENTER
• On-Site Physician/Medical Supervision
• Nursing Care
• Physical Therapy
• Occupational Therapy
• Recreational Therapy
• Activities and Exercise
• Breakfast, Lunch, Snack
• Nutritional Counseling
• Social Services
• Dental Care
• Audiology
• Optometry
• Podiatry

I bet it’s a dump, full of crazy people…

Medical Specialists
• Women’s Services
• Dentistry and Dentures
• Optometry and Eyeglasses
• Audiology and Hearing Aids
• Podiatry, Diabetic Shoes and Orthotics
• Cardiology
• Rheumatology

“Medical specialists!”
I bet there a bunch of hacks and quacks…

Outpatient Services
• Lab Tests
• Radiology
• X-Rays
• Outpatient Surgery

Sure, x-ray machine from when LBJ was president…
Surgery with rusty knives, I bet ya…

Primary Care Physician
• On call 24 hours a day, seven days a week.

Huh, 24/7… probably just an answering service…
I bet they “get back” to you next week, next month…

Home Health And Home Care Services
• Skilled Nursing and Assisted Living
• Physical and Occupational Therapy
• Personal Care
• Chore Services
• Meal Preparation

I bet they don’t really do all that stuff…

Inpatient Services
• Emergency Room Visits
• Hospitalizations
• Inpatient Specialist
• Skilled Inpatient Rehabilitation

I know they use the local hospital so that’s OK,
but I bet only the old, run-down parts of it…

Transportation Services

I bet they give you a used bicycle… Good Luck!

Prescriptions And Over-The-Counter Medications

I heard they have their own pharmacy… No co-pays. No record-keeping. No neighbor kids stealing our drugs off the front porch. Huh. Well, I bet there’s something wrong with it!

Family/Caregiver Support Services
• Respite Care and Caregiver Education

Rehab And Durable Medical Equipment
• Wheelchairs
• Walkers
• Oxygen
• Hospital Beds
• Diabetic Testing Supplies
• Adult Day Care

The Smiths used PACE…
they got brand-new equipment. Top notch stuff.
I bet that would not work for us…

What You Need To Do Now… While There Is Still Time Under The Covid Rules

Get the straight story. You do not need to prepare for the call. Call as you are. Very basic questions… you already know the answers… Your loved one is counting on you. Don’t let them down. It’s simple and free. Call 800-317-2812. Your Discovery meeting and Analysis meeting are waiting for you. Get it done.

What’s that they say in the casino and lottery commercials? “If YOU have a gambling problem, call the hotline etc, etc… Maybe I’m betting too much… Maybe I’m gambling with my loved one’s health and well-being… Maybe I’m gambling with my own health and well-being… Maybe I have a “gambling” problem… What was that number again?… 800-317-2812…
Hey! Old-fashioned toll-free…

Long-term care breaks the Michigan Middle-class. Destroys your peace of mind. Throws all your best-laid plans into confusion. Intimate, family relationships are strained, sometimes to the breaking point. Couples of 50,60,70 years separated as never before. LifePlanning™ preserves your lifesavings and protects what you deeply value. Security for you and your loved ones. That is what this is all about. And I explain how in our Workshops and Webinars. Recently, however, an older gentleman challenged me. “How do I know you deliver the security you talk about? What’s your guarantee? You lawyers don’t guarantee a darn thing. Humph!” I like a challenge. And that comment got me to thinking… Why not a Guarantee? We say we deliver security, peace of mind, a solid foundation for the future. That’s what thousands of clients over the last 31 years have said, too. But why not a GUARANTEE? So here is our totally scientific, iron-clad, super-duper paratrooper, no bones about it, tell us what you really think, Guarantee.

Peace Of Mind Is Our Stock In Trade

Sleep Like A Baby…
Walking On Sunshine
GUARANTEE
You Be The Judge!

Here’s How It Works
1. Come to a Workshop or Webinar.
2. Meet in person at one of our convenient offices or by ZOOM.
3. Working together, we devise a comprehensive LifePlanTM that meets your unique needs.
4. You retain us to implement your LifePlanTM.
5. When you take that first step on the LifePlanTM journey, each adult will receive:
a. A brand-new, FedEx-fresh from the factory, queen-size MyPillow®. Medium Firm. (Yes, these are the genuine article; the real McCoy! Accept No Substitutes!)
b. Deluxe Pillowcase(s) (Also new (what did you think?)).
6. Sleep on your new MyPillow while we draft and you review your LifePlanTM. Take careful note of the deeper, more restful and refreshing sleep you enjoy. (Is it the MyPillow or your progress to LifePlanTM security?
7. At one of our comfortable, homelike offices, your home, hospital, long-term care facility or such other place as may be convenient, create your LifePlanTM by signing a truly impressive array of documents.
8. Feel the calming waves of relief and security wash over you and your family.
9. Evaluate your sleep.
10. I GUARANTEE
a. You will enjoy peaceful sleep unlike any other ever before!
b. Your LifePlanTM Peace of Mind will beat the MyPillow, hands down!
c. The calm invigoration of your LifePlanTM will make you feel like a new person!
d. As the lines of worry and anxiety fade from your face, your family and friends will accuse you of having had plastic surgery! Wow!
11. If your LifePlanTM does not “knit up the ravelled sleeve of care” (as Shakespeare said), simply let us know. You may have your choice of:
a. An electronic metronome; or
b. A white noise machine; or
c. A box of chamomile tea bags.

Now That’s A Guarantee!

Client Success Stories…

We were very happy with the information at the workshop on Estate Planning [LifePlan workshop]. Amanda was very helpful in explaining the options we could choose from to protect our assets from excessive taxes.

All questions were answered in depth and in a manner that was very understandable. I left feeling confident that we can contact them at any time for help navigating the system.

The staff are incredibly professional. My mother was treated with utmost respect. Her paperwork was organized and concise. I dealt with David and Jim and they spoke in terms my mother and I could understand.

I was totally lost when my husband’s dementia got bad. David and his group helped me feel in control again. They are there to help me whenever I need them. I should have done this sooner.

Perfect balance of pleasant and professional. Starting with workshops with targeted info, to chit chat with David (and all the staff we met) – great experience. Thank you!

My husband and I just returned from your workshop in Portage…We are so pleased we attended and came away with so much information and insight. The workshop was well organized, well presented and your staff was wonderful. Patrick made things fun, and as he promised, the time flew by. Thanks you again for 2 very well spent hours.

Donna & Stephanie are extremely professional, on top of everything, friendly and just a joy to work with. Very prompt on phone calls, emails, etc. I am very thankful for these two people!

We have been extremely pleased with the professional service of David and the staff. It has been a pleasure working with everyone to make sure our future is secure. David was also very helpful finding an out of state attorney to help our parent’s address their Elder law needs.

Our Promise: We do not share or sell your personal information. Privacy Policy.

“The Law Offices of David L. Carrier is an estate planning and elder law firm located in Western Michigan. Our main office is in Grand Rapids, and we have 3 other conveniently located offices in West Michigan. We specialize in medicaid crisis planning, estate planning, elder law, probate, wills and trusts.

Our Office Locations

Grand Rapids, MI

Norton Shores, MI

Holland, MI

Portage, MI

Practice Areas

Medicaid Crisis Lawyers

Estate Planning Lawyers

Elder Law Lawyers

Family Trust

Probate Lawyers

Trust Funding Center

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