Tag Archive for: grand rapids

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

Middle Class Families Go Broke Because “Experts” Broke Estate Planning

Elephants In The Room

Ever go to the zoo? Remember the Elephant House? Couple of big ole elephants in there… Elephants doing what comes naturally. Smelled strong, right? Tough to deny there is an elephant (or two) nearby. You can hear them breathing… moving around.

Now, if an elephant is sharing a room with you, wouldn’t that be significant? I tend to think it would be an important fact, don’t you? It is possible, perhaps, you would want to deal with your companion somehow. Well, I suppose you could pretend that there is no elephant. But wouldn’t that be foolish? Dangerous, even. Not good. You might step in something. Something might step on you. Either way… Squish!

Let us say you figured this one out. Using your five senses, plus common sense. Do you really need Sherlock Holmes, Columbo, or MacGyver for this one? And yet, various people, who claim to be experts, are trying to tell you there are no elephants. These people covered up the elephants with bedsheets. They talk about everything else. Minor stuff. Distractions. Everything except what is most important. But you cannot hide an elephant with a bedsheet! Yet they try. Why? What is going on here?

Long Term Care – The Biggest Elephant In The Room

What is the problem? Middle-class families go broke. All the time. Routinely. It is accepted and acceptable to the so-called experts. I think it is horrible. To work for a lifetime, saving, scrimping, economizing. And watch it all vanish in a matter of months. A nightmare.

“Do not worry!” say the experts, as they try to cover up that elephant. Trying to convince you that probate or interest rates or inflation or taxes are the “real” problem. Long-term care, they say, is something that happens to someone else.

I am no great fan of government information. But even a blind squirrel gets lucky sometimes. Here are a few chestnuts from the federal Department of Health and Human Services. At www.LongTermCare.gov, quoting:

  • Someone turning age 65 today has almost a 70% chance of needing some type of long-term care services and supports in their remaining years
  • Women need care longer (3.7 years) than men (2.2 years)
  • One-third of today’s 65-year-olds may never need long-term care support, but 20 percent will need it for longer than 5 years

You worked. You saved. You planned for your retirement. Time to relax. Travel. Spoil the grandkids. Not so fast. Not if you are like 70% of folks. You will probably need long-term care services for years. And leave your spouse destitute. And your legacy is…?

By ignoring the biggest, noisiest, smelliest elephant in the room, the burden of your care falls (like a ton of bricks) on your loved ones. If the caregiver is your spouse, they are as likely to die first as you are. Stressed out. Exhausted.

And the experts ignore all this. They want you to think that the real problem is how your kids get your stuff. As if there will be any stuff to get.

Yank the bedsheet off the elephant. Face the facts. Do not let fast-talkers distract you from the reality. Long-term care is the future for most of us. How are you going to deal with it?

Does It Matter To You? The Rich, The Poor, The Middle Class

Not everyone needs to worry about long-term care. Of the three large groups of Americans, only one really must be concerned. The Big Three are: The Rich, The Poor, The Middle Class.

Devastating Gut Punch. The Middle Class

Husband with some dementia. You can manage. Not much sleep. Stressful. But you can manage. Unfortunate fall. Broken hip. Hospitalization. Rehabilitation. Thank goodness for Medicare! And that Medicare Supplement insurance. Minimal out of pocket expense. Three weeks in rehab. Coming home? No.

You could barely handle him before. Now it is out of the question. He needs skilled care. At least for now… maybe he will get better… But Medicare is done. Insurance will not pay anymore. Now it is on you.

Letter in the mailbox. Looks like a bill. Return address: Nursing Home. First six weeks. $18,327. plus, tax. Your head hurts. You almost vomit. You have never seen a bill for this much. You have not spent $18,000 since you bought the house… What are you supposed to do? Better sit down. Quick.

It Don’t Matter To Me… The Rich, The Poor

The Rich. Your spouse transferred from rehabilitation to long-term care at the nursing home. The first bill came in today’s mail. Eighteen thousand dollars. Well. You did not think it would be cheap… actually pretty reasonable when you think about it. So, which account should you pay it from? The money market? Regular checking? Should probably ask the financial advisor… looks like this long-term care will be almost as expensive as maintaining the summer cottage and the ski condo, combined! Not counting the sailboat, jet skis or the golf cart, of course, let alone the horse boarding…

The Poor. Could not pay for the groceries without the Section 8 subsidized housing. Husband now in skilled nursing. How will you ever get transportation to visit? Hope there’s a bus line around there somewhere. Looks like a nursing home bill in the mail. Wow. That place is expensive! Eighteen thousand… and that’s just for the first six weeks. Sigh. Just put it on the stack with the other bills you cannot afford to pay. Have to prioritize… heat and groceries first. Good to know that with skilled nursing, his care is guaranteed. Even without Medicare or Medicaid or Medi-whatever, he will get the care he needs.

Long-Term Care Reality. Rich Man, Poor Man

It can be uncomfortable to look under the bedsheet and take a good hard look at the elephant everyone else is trying to hide. I do not apologize for that. Sometimes truth is not pretty. Facts can be inconvenient.

It is simply true that if you are wealthy, long-term care costs are manageable. You do not need me. Plenty of folks downtown in glass towers with expensive suits and ties are just dying to meet you. Original, incomprehensible art on the wall. Park in the ramp, bring your ticket for validation. Plan for long-term care or do not plan for long-term care, you are not going broke. Let those guys worry about your excess profit’s taxes, capital gains and all that…

It is also true that many families simply cannot begin to pay the costs of long-term care. A bill for $1200 is as much out of their reach as a bill for $12,000. And at that point, what does it matter? You cannot pay anyway. Social security cannot be taken from you. You will not be denied your housing assistance. Bills piling up are awful. Stressful. But at the end of the day, care will be given. Your personal property will not be taken. I cannot help you to preserve assets you do not have.

NOTE: The Medicaid system is extremely complex, with many variables, hurdles and hoops. It is not unusual for Medicaid to be denied to people who should qualify for benefits, often for technical reasons. Over the years, we have helped many such families resolve these issues and get the benefits. From time to time, we work with skilled nursing facilities to get the compensation they have earned by helping these families meet the legal requirements.

LifePlan™ Salvation For The Middle-Class

The rich do not need me. The poor I cannot directly help. That leave the middle-class. It is the middle-class savers, workers, builders that I can help. You get that bill: your guts turn to water, you are about to puke, and you are desperately searching for a place to sit down. Relax! Your LifePlan™ will take care of it. You saw the signs: 70% need long-term care services. One in Five need long-term care services for more than five years. You rejected nursing home poverty. 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. You opened your eyes when faced with long-term care costs. Accepted reality. Refused to allow your lifesavings evaporate like a snowflake on a hot griddle. Recognized the reality of the caregiver spouse dying first, almost half the time and fixed it. Rejected nursing home poverty.

Never Too Late

Sitting there with the nursing home bill in your hand, you say, “Coulda, shoulda, woulda… And now it is too late! Maybe that LifePlan™ Workshop or Webinar would have been a good idea.”

It is never too late. There is nothing inevitable about losing your home, cottage, business, lifesavings, independence. Planning is the best route, but not the only one. Even if the dementia diagnosis was your wake-up call. Even if your attention was finally focused by the slip and fall broken hip. Do not give up the ship! It is never too late for you to be the hero… to fight and win!

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

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

You Are Serious About Your Promises, So Are We

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?

One 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

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!

Things Everybody Knows, That Are Not So!

Everybody Knows: Wills Avoid Probate!
Reality Check: Wills Require Probate…

You are an expert for certain things. You know how to quilt. Or fish. Or woodwork. You might have learned on the job. Or as a hobby. But you are an expert. You know how this stuff works.

And then you hear someone else talk about it. A friend. A neighbor. Your brother-in-law. Maybe in the newspaper. And they get it wrong. Oh boy, so wrong. All wrong. A genuine achievement. Give that guy a blue ribbon! For wrongness.

Happens all the time, right?

It ain’t ignorance causes so much trouble; it’s folks knowing so much that ain’t so.
— Josh Billings, 1882

Announcing a New Feature on The Reporter: Things Everybody Knows, That Just Are Not So!

Things regular folks say and believe. That prevent effective action. Setting the record straight, one issue at a time. Shall we begin?

Reading Of The Will:
Who Gets The Leftovers?

For many folks, the question is: When I am dead, who gets the leftovers?

The answer, for many folks: Read the Last Will & Testament! Preferably on a foggy evening. In a creepy old house. With a creepy old lawyer. Surrounded by heirs of mixed ages and questionable virtue. Reading dramatically from the Will in his creaky old voice, the lawyer delivers deeds, heirlooms, and sacks of cash. Virtuous, good heirs rejoice. Evil, bad heirs plot their revenge! And it is all over in just a few minutes.

Would you be surprised to learn that reality is a bit different than the movies? After 2020, are you still shocked when the “experts” get it wrong?

What Is Probate?

Probate is how society cleans up your mess. What mess?

Basic Truth: Middle Class Michigan takes care of business. Handles things. Gets it done.

Right now, most of us own our home (with some help from the bank). And savings account. Investments. Furniture. You pay your bills. And file your taxes. You take care of you. And yours. Humming along like a top… No Problem! A nice tidy picture. You are a responsible person acting responsibly.

But what if things go wrong? What if you cannot take care of business? How could that happen?

If you are incapacitated… stroke, auto accident, Alzheimer’s? If you die. Who is taking care of your business now? Your nice tidy picture is not so nice and tidy anymore. It is a mess. Who does what? Who gets what? Now what?

Probate is the answer when folks do not plan. And most folks do not plan. Most folks wind up making a mess. Probate is the cleanup crew.

You Go To The Supermarket.
For A Loaf Of Bread. One Loaf Of Bread.

Have you ever tried this? Have you ever gone to the supermarket for a single item? And then before you find that single item… You gather up a dozen more groceries you cannot live without. This is how most people go through life. Carrying around their stuff in their own name. Like the supermarket shopper without a cart.

That is fine, so far as it goes. But what if you slip and fall. What happens to the groceries?

Whee! Whoops! Big. Mess. Call the Janitor! Cleanup on Aisle 3…

Probate Court Is The Janitor!

Probate Court is Johnny-on-the-Spot to clean up the mess you made when you slipped and fell. Probate gathers up your groceries and tries to figure out what to do with them. Janitors have a Rule Book about who gets what. It is called the “Estates and Protected Individuals Code.”

The Probate Judge is the Lord High Janitor, Exalted Over All Deputy Janitors. The Personal Representative (or Executor) does the real work. Junior Deputy Janitor.
The Junior Deputy Janitor has 3 jobs.

  • 1. Marshall the assets. Gather up the leftovers.
  • 2. Pay the bills.
  • 3. Deliver the leftovers to the deserving beneficiaries.

 

But What About The Will?!?

Your Last Will and Testament is simply instructions to the Junior Deputy Janitor. It is a note, a piece of paper. Fluttering about betwixt and between the mess. Let us hope the Junior Deputy Janitor finds the Will. Let us hope Junior Deputy follows the Will. Let us hope.

Your Will ONLY works in probate. It is simply instructions to the Probate Court, through the Personal Representative, expressing your desires. Expressing your will as to who should be in charge. Who gets what. Deriving its powers from the Probate Court.

Your Will only “works” after you have died.

Your Will only “works” by going through Probate.

Your Will does not avoid Probate… it is a creature of Probate, part and parcel.

Wills Are Awful And No Good!
Probate Is Awful And No Good!

Kind of extreme, don’t you think? Wills and probate have their place. Some techniques of great benefit to many middle-class families only work in probate.

You know that a rush to judgment often leads over a cliff. Let us calm down. Sensitively and sensibly evaluate our options. And choose according to fact, not fiction. Planning success is a choice, not chance.

We Got Through 2020.
Time To Move Ahead In 2021.

Last year, the number of regular folks planning their futures dropped. Significantly. Could it be that you had other things on your mind?

At the same time, our Crisis Caseload skyrocketed. Special PACE rules mean more families than ever qualify for immediate help.

And fewer people focused on planning ahead, LifePlanning™. The Carrier Team has been busier than ever, but I fear 2020 was a year of wasted opportunity for regular families. I am extremely concerned. What do you think?

You can get the information you want. In-person workshops and one-on-one meetings. Recorded and live-streaming webinars. Like you, we have never stopped serving. As you seek out new ways to accomplish your life’s work, we are on the same journey. By your side. Making the rules work for the people who play by the rules.

Sixty minutes that to accelerate your success. An hour to put 2020 in the rear-view mirror. Avoid Nursing Home Poverty. Reject silly Spend Downs. 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 CAN CHANGE YOUR LIFE…
COME TO A WORKSHOP… (800) 317-2812

Estate Planning to Serve You | David’s Story

Folks like us begin working by age 10. Snow shoveling. Grass mowing. Babysitting. Dishwashing. Me, I began delivering newspapers at 7.

I have an older sister, two younger sisters and four younger brothers (8 of us altogether). Dad, a WWII Navy veteran, taught school by day, then worked the local brewery’s graveyard shift. Sixteen-hour days for sixteen years. Mom was an RN. She resumed practice when the youngest was 5. Both parents tracked our grades, chores, and college savings.

Paper route and dish-washing money paid for my first year at the University of Notre Dame. An Army scholarship and weekend pizza deliveries took care of the rest. Upon graduation, the Army kindly allowed me to get my first law degree from Boston University Law School. Like Dad, I worked third shift full time to pay the bills.

On active duty, the Army let me jump out of airplanes, argue murder cases, edit The Army Lawyer, and work at the Pentagon. The Army also paid for most of my Master of Law, Taxation degree from Georgetown University Law. Airborne wings, two Meritorious Service Medals and an Army Achievement Medal. Thank you for allowing me to serve!

A Different Vision Of Estate Planning & Elder Law

Two years at a large law firm were enough. For them. Thirty years ago, I founded my own firm. Dedicated to you. Middle Class Americans. Today, 40+ team members share the LifePlan™ vision:

  • 1. No Poverty. You do not go broke. You will keep your lifesavings. Keep your independence. Period. Money is choices. You decide. At home care, assisted living or skilled nursing?
  • 2. No Handouts. Middle class Americans are not looking for charity. Need long term care? Get the benefits you paid for with every paycheck.
  • 3. No Waste. Avoid probate? Of course. Make sure the beneficiaries get their inheritance, no matter what? Yes!

I reject traditional estate planning. Traditional planning sacrifices Middle-class Michigan to nursing home poverty. Everyone knows this. Your insurance agent, financial advisor, accountant, lawyer. It is no secret. Except to you. No longer. The Reporter gives you the straight story.

Over the years, tens of thousands of families have used the LifePlan™ approach. Simple fairness. You paid in. You get the benefit. Receiving the best care. Maintaining quality of life. Not going broke.

Service To Our Client Families

No billing by the hour. No billing by percentage of your estate. No surprises. We do not like surprises. We will not surprise you. Let’s talk… no charge. No charge for the workshop either. If you choose to protect yourself and your family, we will craft a plan and quote the fee. No risk. You decide. You get options, in writing, all fees disclosed up front.

Many lawyers claim to do everything from traffic tickets to trusts. Can that lawyer is be expert at anything?

Our singular focus is on you and your loved ones. Following through, getting the job done. I call it LifePlanning™. You may call it common sense. Other lawyers wish it would just go away.

GET ANSWERS NOW. CALL THE LIFEPLAN™ HOTLINE
(800) 317-2812

Medicaid Question and Answer

Note: Not Legal Advice!

Can a doctor, nurse, or social worker force someone into a skilled nursing home against their wishes? Mother is unable to care for herself and my father cannot take care of her as he has health issues. The doctor, nurse, and social worker for my mother want to put her in nursing home but she does not want to go. She would rather stay with family with the help of caregivers. She has not been declared mentally incompetent although she has early onset dementia.

Let us agree on a few basics:

  • 1. No one wants institutional care
  • 2. Everyone wants care at home
  • 3. At home care is expensive

No doctor, nurse or social worker can force your mother into a skilled nursing facility against her will. That is the job of the probate court. If the court finds your mother legally incapacitated, it will appoint a guardian. The guardian can involuntarily place you in long-term care. A strong estate plan avoids this.

Doctors, nurses, social workers… they are not monsters. But they are busy. Today they will see another dozen dementia patients. Tomorrow will be the same. Busy professionals. They are experts. Using the same methods over and over again.

Reality: No one cares about your mother as you do. If doctors, nurses, and social workers tried to care that much, the system would break down. They have much to do. Little time to do it. Not their fault. No blame. But…

“Good enough” is not good enough for your mother. But what to do? These folks are experts! They know! So much advice. From neighbors, friends at church, brothers-in-law. You research and get more confused. And hopeless. Beaten down, you go along. Guessing the experts are right… Now mother is in the nursing home. Isolated. Unhappy. COVID quarantined.

It could have been different.

We advocate. Fight for your mother, as I did for mine. This is personal. Thirty years of refusing to take no for an answer.

The Way: Observe, Orient, Decide, Act.

First, observe. Get a good grasp on the facts right now. Gather bank statements, financial records, tax returns. Get the medical records. Organize any legal documents. Stay aware of changes. Get the picture.

Second, orient. Check options. Do not wait any longer. Refuse to accept existing legal documents, like trusts, wills or powers of attorney. Protecting your mother is your job. Your tools must be sharp and strong. Those old documents may be (likely are) dull and rusted. And may fail in crisis. Find out. Costs nothing but a phone call. Might save everything. At least you will know.

Third, decide. What choice will you make? At this point, you know what is available. Crunch time. Refusing to decide is a decision. You may think you were better off not knowing. You might be right. Ignorance is bliss?

Fourth, act. Revise or replace useless tools as necessary. Secure benefits. Go. Fight. Win.

For Your Mother:

  • 1. Get the facts. Call us for a free Discovery Meeting. Telephone call or online video meeting with a paralegal or attorney team member. Get the checklist. Guided, purposeful information gathering. Focused only on the relevant facts. Personal, financial, legal. Then set up the free Engagement Evaluation.
  • 2. Know your options. Engagement Evaluation. Are at-home care options available for mother? What about your father’s needs? How can we secure benefits without sacrificing lifesavings? What residential care options are there?
  • 3. Choose. Consult with your family. Pray. Reflect. Discern. Choose the most appropriate course of action. There is no free lunch. There are costs to doing and not doing. But you decide.
  • 4. Act. Git ‘er done! Secure lifesavings. Mother stays home with free help. Could be the Program of All-inclusive Care for the Elderly or the MiChoice Waiver program. Or an assisted living facility with Waiver might be best. Or full skilled nursing.

Swimming in Lake Michigan is dangerous. The undertow can sweep you away. But if you know how, it can be great. Long-term care is dangerous. Your family can drown in costs, squabbles, inappropriate care. But if you know how, you can transform end of life challenges to triumph. Building shared experiences, cementing family relationships. It is up to you. We can help.

PACE Program eligibility expanded until April 1, 2021

The Program of All-inclusive Care for the Elderly (PACE) provides a full range of therapeutic and care services to you at home. At no cost to you. If you qualify. COVID emergency rules mean that many folks who did not qualify before are now eligible. Even more people can become eligible. We can show you how.

Sad Truth: Many folks who qualify do not even ask because they do not think they could possibly get any benefits. This is bad thinking. Leads to unnecessary nursing home placement for you. Stress on caregiver spouse leads to premature death: 40-50% of the time, the caregiver dies first. Unnecessary.

Good News: Under the emergency rules, you can: Keep your cottage. Keep your farm. Keep your lifesavings. Keep your loved one at home, receiving the support you need to do it.

Are you caring for a loved one at home? Have you investigated PACE? Were you told that you do not financially qualify for PACE? Were you told that you would have to sell or liquidate almost everything to qualify for PACE? Do you think PACE is too good to be true?

Get authoritative answers you can count on. Quickly. No nonsense. Many of our PACE families could not believe that their tax dollars could benefit them. Many more subscribe to the “too good to be true” concept. One short, simple phone call can confirm your worst fears of not qualifying or open the door to a new way of life. That part is up to you.

YOU DO NOT HAVE TO WONDER… IT COSTS NOTHING TO FIND OUT

Goals of a LifePlan™

Too many middle-class families (one is too many and long-term care poverty smashes the security of thousands) go broke from endless long-term care bills. That does not happen to our LifePlan™ families.

It is simple: Three Goals, One Strategy.

1. No Poverty – You will not go broke.

When you are in control, life is good. You will not go broke from casinos, Bernie Madoff, or too many vacations. Long-term care rips the steering wheel from your hands and points you over the cliff. No choice, no chance. LifePlanning™ keeps you firmly in the driver’s seat. In control. Lifesavings intact.

2. No Charity – Caregivers get paid. You already “bought the insurance.”

America pays for long-term care through your taxes. Withheld from every paycheck you ever earned. More than your fair share over the years. You paid for other people. Folks you have never met. You, the middle-class, only want a fair shake. You paid in, you should get paid back if needed. Without sacrificing every red cent.

3. No Waste – Any leftovers go to your beneficiaries. Not wasted on probate or taxes.

Why shouldn’t your family, your loved ones, benefit from your leftovers? Why should probate, taxes, government soak up what is left? Wise plans avoid strife and insure family harmony.

For 30 years, the LifePlan™ strategy has achieved your goals.

The rules can work for you. LifePlanning™ makes the rules work for the people who play by the rules. Other so-called experts, attorneys, planners, financial advisors accept the status quo. They do what everyone else does. The LifePlan™ approach dives deep. Seeking out and securing your family’s future.

LifePlanning™ is middle class Michigan’s tool kit for winning the future. Comply with their rules? Yes, absolutely. If you want to win, you must know how to play the game. Thirty years of study, experience, testing and delivering results have produced the LifePlan™ system. Techniques and tools that preserve, protect, and defend your right to decide how you will live. You earned that right through decades of work and conscientious stewardship. Isn’t it ridiculous to suggest that impoverishing yourself, your spouse, your family is somehow noble? Isn’t it foolish to reject your own life experience for the defeatist counsels of the “wise”?

LifePlanning™ means your choices matter, whatever life brings. Are you like thousands of Michigan families who played by the rules and earned homes, cottages, farms, lifesavings? Would you like the rules to work for you, for a change? Why wait until it is too late?

CALL THE LIFEPLAN™ HOTLINE – 1-800-317-2812

Thoughts for the Newly Widowed

On a cold, rainy Sunday afternoon in early October, Jane despairs at the paperwork piles. Last year, a car crash took Mike, cruelly ending their ten-year marriage. Each year, Mike did the taxes while house bills fell to Jane. Now, it’s all on her. How can she do this alone? A young widow with two young children. Even after a year she cannot concentrate. “Widow’s brain” a friend calls it. A constant fog interrupted by family demands.

Mike and Jane meant to get organized, get their “ducks in a row.” But kids! Jobs! Church! Activities! She gave up her job after the second child. Daycare was so expensive and no family nearby. Jane’s new part-time job barely covers her expenses. What to do now?

Partial Plan Means Total Frustration

Jane could get the checking and savings because they were joint on those accounts. But her name was never put on that cottage Mike inherited. Mike’s life insurance from work is up in the air. They say the “paperwork” is wrong. Health insurance? That “COBRA” policy costs way too much! If Jane gets sick, who takes the kids?

First Things First

Jane and the kids need checkups. Physical and mental! Available without charge in most Michigan counties.

Plan Jane Plan

Jane needs expert help. Thorough review of family assets. Handle Mike’s probate estate. Get the insurance money. Plan for the future. Who gets the kids if she dies? Who will pay the bills? Who makes medical decisions? How can an estate plan that make life for her family easier and safer?

Carrier Law Can Help

A will and trust will direct who gets the kids and the money. No expensive and time-consuming Probate. Financial and health care powers of attorney will allow a loved one to manage her affairs.

Take the First Step!

Jane met experienced, competent counsel who helped her cut through the fog. Take effective action. Provide for herself and her children. As Jane now says, “It’s not about documents, it’s about peace of mind!”

By Claire Clary, Carrier Law Attorney, Widowed Persons Service – Board Member

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

© 2024 Carrier Law | Privacy Policy