Elder Law | Overview
Elder law is a multidisciplinary practice focused on the needs of elders and their families. Elder law combines a number of areas of law, including: estate planning (use of Wills, trusts, and powers of attorney), trust and probate estate administration, Medicaid planning, long term care planning, Veteran’s Administration aid and attendance consulting, guardianship and conservatorship proceedings, and tax planning. Our practice combines knowledge of both federal and Michigan law as they apply to elder law.
Elder Law | Estate Planning
At Accettura & Hurwitz, we consider an estate plan to be an essential element of individual and family planning; an owner’s manual of sorts. Estate planning is the process of ordering one’s affairs in contemplation of death or disability. A typical Michigan estate plan includes a revocable trust (sometimes called a “revocable living trust”), health care power of attorney, general power of attorney, and a last will and testament.
Elder Law | Inheritance
Inheritance matters are inherently emotional. Lingering family disputes and a false sense of entitlement often motivate family members to act improperly. Inheritance litigation is sometimes unavoidable to compel a family member or fiduciary to follow the decedent’s wishes. We at Accettura and Hurwitz have over fifty years of experience representing family members and fiduciaries in probate matters.
Medicaid & Elder Law
The average nursing home cost in Michigan in the year 2006 is $5,500.00 per month. Therefore, many people are concerned with paying for the costs of nursing home care should they or a family member need it. Medicare pays for nursing home care in certain circumstances and for a limited period of time. Most health insurance policies do not cover any long term care.
Medicaid is often the only assistance program available to help pay for nursing home care. However, Medicaid will only pay for the costs of nursing home care if the patient is impoverished.
Aid & Attendance
Aid and attendance benefits are available to veterans and their spouses who are at least sixty-five years of age. These benefits assist them with the cost of in-home care, assisted living, and nursing home care. Veteran’s Administration (VA) aid and attendance is perhaps most beneficial for veterans and their spouses who require an assisted living arrangement since Medicaid does not cover assisted living.