Michigan Elder Law Center

Congress Reacts to Obama’s Budget Proposal

Christopher J. Berry — Wed, 24 Apr 2013 14:59:27 +0000

President Obama has made his budget proposal and lawmakers on Capitol Hill have already started trying to shape it to their will.

One of the most controversial pages in the budget book: the proposal to change the way that benefits are adjusted for inflation under Social Security and other federal programs, will be taken up on April 18 by the House Ways and Means Committee. The chained consumer price index, or chained CPI, would result in less-generous cost-of-living adjustments in the future.

Republicans like the idea because it will help reduce the federal budget deficit, but Obama is struggling to win over his own party on the matter.

Reps. Alan Grayson (D-Fla.) and Mark Takano (D_Calif.) have swayed 37 lawmakers to sign a pledge against the chained CPI along with other benefit cuts.

“Voters across the political spectrum oppose cuts to Medicare, Medicaid, and Social Security benefits, and we must do whatever it takes to protect these vital benefits from cuts,” the pledge says. “That’s why we write to let you know that we will vote against any and every cut to Medicare, Medicaid, or Social Security benefits — including raising the retirement age or cutting the cost of living adjustments that our constituents earned and need.”

Republicans have successfully used such tactics to rally members against tax cuts. However, the success of that idea was grounded in conservative Grover Norquist’s influence in reminding politicians of the pledge when difficult votes arose.

One of Obama’s ore supported budget ideas is paying drug makers less for brand-name medications prescribed to low-income seniors. Participation in Medicaid requires drug makers to give the federal government a rebate that serves as a volume discount, however Medicare does not get the same discounted rate. The Medicaid discount doesn’t apply to patients who are eligible for both programs.

Bills in both the House and Senate would require drug makers to pay rebates of close to $140 billion over the next 10 years for these “dual eligibles.” Sen. Jay Rockefeller (D-W. Va.) says his legislation is aimed at “putting low-income seniors and people with disabilities before pharmaceutical profit.”

The Ongoing Battle Against Alzheimer’s

Christopher J. Berry — Thu, 24 Jan 2013 21:30:09 +0000

An estimated 5.4 million Americans suffer from Alzheimer’s disease. By mid-century, this number could climb to 14 or 15 million. Suffering is immense for both patients and their families and so is the cost. We spend close to $200 billion dollars every year for Alzheimer’s patient care and treatment. Demographic trends together with healthcare cost projections clearly put us on an unsustainable path. As part of our ongoing Mind and Body Series: please join us for an update on public and private research aimed at learning how Alzheimer’s progresses through the brain and the effort to find drugs that can slow or even stop the disease.

Guests

George Vradenburg

co-founder and chairman of USAgainstAlzheimer’s.

Dr. Scott Turner

professor of neurology and director of memory disorders program at Georgetown University Medical Center.

Dr. Neil Buckholtz

director of division of neuroscience at National Institute on Aging, National Institutes of Health.

The Elder Care Firm of Christopher J. Berry, CELA

Christopher J. Berry — Wed, 23 Jan 2013 02:04:10 +0000

Area Agency on Aging Releases new LGBT Programs

Christopher J. Berry — Tue, 15 Jan 2013 20:11:02 +0000

The Area Agency on Aging (AAA) 1-B is pleased to announce the creation of a new position: Specialist, Training and Lesbian, Gay, Bisexual and Transgender (LGBT) Programs. This is an exciting opportunity for the AAA 1-B. We are the first AAA in Michigan to have a staff person dedicated to LGBT older adult issues and the second AAA in the country to have such a position.

The Training and LGBT Programs Specialist will develop on our professional training program including the quarterly training menu, the Annual Judith J. Wahlberg Memorial Lecture and some exciting new training opportunities for the network. In addition, LGBT and aging cultural competency training, advocacy and program development regarding the LGBT older adult population will be areas of focus.

For more information, contact Natalie Pearce at npearce@aaa1b.com or 248-262-0533. To learn more about LGBT and aging cultural competency trainings or to request training, please see the links listed below.

National Resource Center (NRC) on LGBT Aging:

http://lgbtagingcenter.org/index.cfm

List of NRC on LGBT Aging Certified Trainers:

http://lgbtagingcenter.org/resources/resource.cfm?r=421

Other Helpful Resources:

Gay Elders of Southeast Michigan:

www.facebook.com/gesemich

LGBT Older Adult Coalition in Michigan:

www.lgbtolderadults.com

NRC on LGBT Aging Top Ten Tips for Inclusion:

http://www.lgbtagingcenter.org/resources/resource.cfm?r=521

NRC on LGBT Aging Practical Guide to Creating Welcoming Agencies:

http://www.lgbtagingcenter.org/resources/resource.cfm?r=487
SAGE (Services and Advocacy for GLBT Elders):

www.sageusa.org

Attorney Christopher J. Berry is a Metro Detroit estate planning and elder law lawyer who helps families, seniors, veterans and business owners with their important legal needs. Oakland County estate planning lawyer, Christopher Berry is a partner in the Bloomfield Hills law firm of Witzke Berry PLLC. Mr. Berry practices in the areas ofestate planning, business, probate, veterans benefits & Medicaid planning. Follow Christopher on Twitter@chrisberryesq.

Redford Township Woman Embezzles from Elderly Father

Christopher J. Berry — Thu, 03 Jan 2013 19:36:15 +0000

Renee Bullock of Redford Township was charged with one felony count of embezzlement from a vulnerable adult. Bullock allegedly embezzled money from her elderly father while he was in a nursing home. Mich. Attorney General Bill Schuette says she used more than $140,000 of her father’s money for her own personal use.

She was granted power of attorney and appointed guardianship of her father after he was admitted to a nursing facility in Westland. According to Schuette, Bullock failed to make payments to the nursing home from the time her father was admitted to the facility in Dec. 2010, until March 2012.

An investigation revealed that Bullock used the money to lease two cars, visit casinos, nail and tanning salons, numerous restaurants and retail establishments.

Schuette also claims that cash advance loans were repaid with the money.

“Financial exploitation of Michigan’s most vulnerable, our seniors, is one of the fastest growing crimes,” said Schuette. “Nursing home residents are the most vulnerable and the least likely to detect or report exploitation. We are cracking down on criminals who target Michigan’s nursing home residents.”

Michigan was among the 27 states that in 2012, introduced legislation to address financial crimes against the elderly and other vulnerable adults.

A recent study published by MetLife estimates that elderly victims lose $2.9 billion annually to fraud.

Family members are often responsible in these instances.

Bullock was released on a $10,000 bond and due back in court for a preliminary exam on Dec. 6th.

Fighting Alzheimer’s with Head Coach Pat Summitt

Christopher J. Berry — Wed, 02 Jan 2013 17:37:38 +0000

Legendary Lady Vols (University of Tennessee) Head Coach, Pat Summitt learned foundational life lessons growing up on a dairy farm under the mentorship of her parents. Working hard, and working smart became the principles by which she lived, and now leads her team and family on and off the basketball court.

(Read more: Alzheimer’s Planning)

Her pristine success on the hardwood stems from her ability to prepare and strategize to maximize strengths, and conquer weaknesses. Summitt credits her parents for instilling in her a tremendous work ethic with the understanding that setbacks will occur, change is inevitable, and that you must embrace learning, bettering yourself and maintaining a positive attitude.

She has made winning an attitude that she now utilizes in her fight against Alzheimer’s disease. With the help of her son, Tyler, Summitt is playing to win with her latest opponent, early onset dementia. They have created the Pat Summitt Foundation as a vehicle to compete against this devastating disease on a national level.

“Whether competing on the basketball court or against Alzheimer’s disease, it takes teamwork to win. Teamwork allows common people to attain uncommon results,” Summitt said.

(Read more: Hospice or Skilled Nursing?)

Alzheimer’s disease will find its defeat in doctors across the globe who are pouring themselves into the discovery of a cure. In caregivers who are helping improve the quality of life for Alzheimer’s patients every day. And last, in every person who donates to Alzheimer’s research.

Increased Specialized Services for Baby Boomers

Christopher J. Berry — Mon, 10 Dec 2012 01:29:51 +0000

With baby boomers rapidly expanding the population of Americans age 45 to 65, a growing need for businesses that cater to the expanding needs and desires of an active and independent elderly population has emerged.

(Read more: Plan for Future Care)

Many families are spread across the country, and are unable to assist their elderly family member with their ongoing battle to stay afloat from a sea of paperwork. More and more people like Frank Thornton are deciding to get help from a professional.

“We needed an expert,” said the 68-year-old Hartwell, Ga., resident who described himself as an “old bachelor.”

He found Amy Carrick, who provides daily money management services, primarily for seniors. After spending 30 years in the corporate world, Carrick said her focus not only made good business sense but was also more rewarding than her previous path.

At Elder Options, care managers help clients find appropriate caregivers and coordinate their efforts.

(Read more: Alzheimer’s Planning)

“Certainly as our population is aging, particularly as the Baby Boomers age, the need for these kinds of services are growing exponentially as well,” said Stephanie Swerdlow, director of Elder Options.

Golden opportunities for businesses to find and fill market niches has sprung from the demand for more and increasingly specialized services for seniors.

“Today’s senior is more savvy, and their Baby Boomer children certainly are more savvy about what it is they need and how you meet that need,” said Gail Stokes, editor of All About Seniors, a magazine based in Charlotte, N.C.

Skilled Nursing Co-Insurance Amounts

Christopher J. Berry — Mon, 10 Dec 2012 00:45:56 +0000

The Centers for Medicare & Medicaid Services has released the 2013 daily co-insurance amounts for skilled nursing care services, in addition to the inpatient hospital deductible amount.

(Read more: Life Care Planning)

The inpatient hospital deductible will be $1,184, increased by $28 from 2012. The daily co-insurance amount will be $296 for the 61st through 90th day of hospitalization in a benefit period. For the 21st through 100th day of extended care services it will be $148 in a skilled nursing facility in a benefit period.

In 2013 the standard monthly Part B premium rate for all enrollees is $104.90, an increase of $5 from 2012. The Part B deductible will be $147 for all part B beneficiaries.

Medicaid and Protecting your Residence with Proper Planning: Part 2

Christopher J. Berry — Fri, 07 Dec 2012 19:13:12 +0000

For Medicaid purposes, the gift of the remainder interest if a transfer for Medicaid purposes. Once the deed is recorded with the county clerk, the five year look-back period begins. As a result, if an individual transfers the remainder interest this year, this gift will is not susceptible to Medicaid’s reach five years from the date the deed is recorded. Medicaid examines any and all transfers during the look-back period.

In the event that you give an asset away and retain a life estate in that asset, the life estate serves as a string that pulls 100% of the value of the asset into your taxable estate. This means that 100% of the value of the house in included in the decedent’s taxable estate, and the cost basis of the house is increased to the value of the house on the date of death.

Real estate taxes are paid for by the whomever holds the life estate. Once the deed is filed with the County Clerk, a copy is provided to the Municipal Tax Office.

(Read more: Medicaid Planning)

The basic rule of Medicaid estate recovery states if an individual has received correctly paid Medicaid benefits then upon death, those benefits may be recoverable from the recipient’s estate, if he leaves no surviving spouse, child under age 21, or blind or disabled child.

It is important to be proactive to determine if the estate planning techniques makes sense to protect your assets from a nursing home.

Attorney Christopher J. Berry is a Metro Detroit estate planning and elder law lawyer who helps families, seniors, veterans and business owners with their important legal needs. Oakland County estate planning lawyer, Christopher Berry is a partner in the Bloomfield Hills law firm of Witzke Berry PLLC. Mr. Berry practices in the areas of estate planning, business, probate, veterans benefits & Medicaid planning. Follow Christopher on Twitter@chrisberryesq.

Medicaid and Protecting your Residence with Proper Planning: Part 1

Christopher J. Berry — Fri, 07 Dec 2012 18:48:51 +0000

With proper planning, whether you are married, widowed, or single, a primary residence can be protected from sale.

When a widowed or single individual seeks Medicaid benefits, Medicaid requires that they spend their available assets down to $2,000.00 before receiving such benefits. If a person enters a nursing home without a reasonable expectation to return to their primary residence, Medicaid will expect them to sell their residence to pay for nursing home care.

(Read more: Medicaid Planning)

Medicaid examines all gifts made within five years of a person applying for the program. As a result, if a senior tried to transfer a home outright to their loved ones before entering a nursing home they may be subject to a penalty period for which Medicaid will not cover nursing home costs.

If a spouse enters a nursing home, the “community spouse” is able to continue living in the house.

“Deed with a life estate remainder” is among the most common techniques for elder law asset protection planning. The transfer of a remainder interest is simple and noninvasive compared to other techniques. Requirements include the preparation of a new deed and associated real estate transfer documents. No realty transfer tax is imposed because this gift is a transfer without consideration. The “step up in basis” rule was reinstated by the tax bill signed by President Obama on December 17, 2010.

The grantor would transfer the house to his or her children while retaining the rights to live in the house during his or her lifetime. The life estate technique assures the life estate holder that nothing has dramatically changed. Legally, she is obligated to pay all expenses of regular maintenance, upkeep, and property taxes, in addition to being able to deduct these.

Whoever holds the Life Estate is entitled to all rents from the property and to exclusively occupy the premises, without fear of eviction. The holder of the Life Estate is also protected against the remainderman’s creditors. When retaining a Life Estate in the property, you are not transferring or giving the entire interest in the property away, rather, giving the remainder persons the right to own the property after you died.