Tag: grand rapids

What is Medicaid and Why Does it Matter? | Grand Rapids, Mi Elder Law Attorney

September 5, 2017 /

That question really says it all. A big question to many families, and one I hear a lot as a Grand Rapids, Mi elder law attorney – what is Medicaid? Medicaid is a big umbrella, generally designed to make sure that essential healthcare services are available to people without the financial resources to get them. It is NOT Medicare, although many people confuse it with Medicare. Medicare is a government program providing certain healthcare coverage to all people over 65 years old (as well as certain younger people with disabilities). For purposes of this post, I will focus on what many refer to as skilled nursing Medicaid. This encompasses three main programs: Medicaid assistance to persons in Medicaid-certified nursing homes, MI Choice Waiver Program (Waiver), and the Program of All Inclusive Care for the Elderly (PACE). The last two provide Medicaid assistance to people who need long-term care services and meet the nursing home level-of-care requirement, but who elect to receive that care in the community (e.g., not in a nursing home).

The main confusion to many is between Medicare and Medicaid. They are different, as you can see from the explanation above. The next misconception out there is that you have to put yourself into poverty to qualify – that you have to spend everything you have until almost nothing is left. It is very true that there are income and asset limits on qualifying for Medicaid. For 2017, the asset limit for a single individual is $2,000 in countable assets, and for a couple is $120,900 in countable assets. The numbers vary on the income side, depending on the program for which you are trying to qualify. The key thing to remember on asset limits is that the number is based on “countable” assets. Not all assets are “countable”. This is a key part of Medicaid planning.

So what is a countable asset? Quite simply, it is an asset that the Department of Health and Human Services (DHHS) will count when adding up the value of your assets. Or, said another way, it is all assets of any kind that are not excluded assets (e.g., non-countable assets). Very generally speaking, the only non-countable assets are: your homestead, household and personal goods, a vehicle, a very small amount of life insurance (this one requires a very detailed review of the policy itself), and certain types of burial and funeral arrangements (not all such arrangements are excluded).

That is just a brief overview of what Medicaid is (and what it is not). You will see all sorts of different approaches and planning philosophies out there when it comes to Medicaid and Medicaid planning. My personal viewpoint is if you can afford to pay for your own care, you should want to.  If for no other reason than you tend to have more choices when you do.

Make sure to be watching for Part 2 of my “what is Medicaid” series.  It should be posted in the next few weeks.

ABLE Accounts and Michigan Special Needs Planning

January 18, 2015 /

In the flurry of new laws passed at the end of 2013, there was a law that provides additional options for individuals with special needs or disabilities.  The law is called the ABLE Act – the “Achieving a Better Life Experience” Act. It had overwhelming support from all political parties, something that is rare these days. As you might expect, I am not able to cover all the details one blog post, especially when much of the “nuts and bolts” of how ABLE accounts will work has yet to be figured out through the regulatory process.  So, I will attempt to summarize the act and some important considerations.

10674802805_a9b0103bf6_mThe ABLE Act recognizes that there are additional financial strains faced by individuals with disabilities and their families, including those in the Grand Rapids, Michigan area.  In short, the ABLE Act allows for individuals to utilize a tax-free, state-based private savings account, referred to as an ABLE account, for the care of people with disabilities. This ABLE account can be used to supplement government benefits for “qualified disability expenses” such as medical and dental care, education, employment training, housing, and transportation, while not disqualifying a disabled individual from governmental benefits. As a result of the ABLE Act, eligible individuals and families are now allowed to establish ABLE savings accounts that will not affect their eligibility for Supplemental Security Income, Medicaid and other public benefits.

The ABLE Act states that eligibility will be limited to those individuals with “significant disabilities” with an age of onset of disability before turning 26 years of age. It is important to note that the person does not have to be under 26 years of age, just that the onset of the disability was before turning 26 years of age. Additionally, there are dollar limits on the amount that can be contributed to an ABLE account, both on an annual basis and as a total dollar amount in the account.  The annual contribution limit is $14,000 and the overall amount allowed in the account is $100,000.  To exceed either limit would disqualify the account as an ABLE account, a potentially disastrous result.

Keep in mind, this is not something you can set up immediately. Congress put the general structure in place and it was signed in to law, however regulations must be established before states can begin to set up procedures for managing ABLE accounts. It will likely be late this year before you can set up an ABLE account.

Keep in mind, an ABLE account is not a one size fits all solution for everyone.  An ABLE account is not without its drawbacks.  One of the biggest drawbacks of an ABLE account is that any money remaining in the account upon the passing of the ABLE account holder must be used first to pay back the State for care provided to the account holder.  Many of the planning options that are already available for someone with different abilities continue to provide a better approach for many families.  For example, a special needs trust will likely continue to be the best option for many Grand Rapids, MI area individuals and families.  Why?  For a few main reasons:

  • There is no maximum annual contribution amount
  • There is no maximum allowed amount
  • There is much more flexibility in how the assets are invested
  • You maintain more control over how the assets are used
  • Assets in a special needs trust are not subject to the Medicaid and/or SSI payback to which an ABLE account is subject.

I cannot overemphasize the importance of that last point.  If you, as a family member or friend put money into an ABLE account for someone, that money will be subject to Medicaid and/or SSI claims upon the ABLE account holder’s passing.   Yet, if you established a special needs trust (or contributed to one that was already established), no such “payback” is required and you can specify what happens with the remaining trust assets when the beneficiary passes away.  In short, you have more control.

All that said, an ABLE account is another “tool” in the planning “toolbox” and will help some families and individuals who may otherwise be disqualified from government benefits.

Grand Rapids Press Article About Living Wills

November 27, 2011 /

It probably seems like all I’ve been writing about lately is healthcare related issues.  There is a good reason for that.  Recently I’ve been close to and read about many healthcare related situations where the treatment (or lack thereof) was very much related to the planning that the individual did (or didn’t do).  Maybe I see and hear about more of these situations because I’m a Grand Rapids, Michigan estate planning attorney.  However, I don’t think that is the case.  Why?

Because the news media are writing about it too, due to the importance of the planning involved and what can happen if you don’t have a well-drafted and well thought out estate plan in place during a healthcare crisis.  One such example is an article in the November 20, 2011 Grand Rapids Press (Section A4) entitled “Living will?  Call me later.  Aging boomers feel too good to plan for death.”  The article is a result of an Associated Press – LifeGoesStrong.com poll.

The gist of the article was that, due to healthier lifestyles and a fear of thinking about death, a majority of “baby boomers” (64%) say they don’t have a health care proxy or living will.  Of the people they interviewed, one said “I’m very healthy for my age, so death and dying isn’t on my mind,” another said, “I just feel like it’s something I’ll probably think about in my late 60s or 70s,” and my personal favorite, ” you always think something is going to happen to the other guy, not you.”

The article correctly points out that how you feel doesn’t determine what happens to you.  I think that is the most important statement of the entire article, yet they fail to elaborate on it much . . . so I will.  There are many “healthy” people who still need surgery, are involved in accidents, and have health issues resulting in disability, incapacity or even death.  For example, just this past year, West Michigan lost a loving husband and father and a true gentleman, when he passed away during the Fifth Third River Bank Run.  Those who knew him said he was the picture of health.  Yet, it was a nascent condition that showed up that caused his passing.  In the past six months I’ve also read about two individuals who passed away of brain aneurysms while working out.  Both were described as being very healthy.

You see, our health is something we can control only to a point.  Our bodies are complex and wonderfully created “machines,” and there can be many undiscovered conditions in a “healthy person.”  A healthcare power of attorney or patient advocate designation is something everyone should have, no matter how “young,” “old,” “healthy,” or “unhealthy.”  From the 18 year old embarking on college or their career, to the 90+ year old World War II veteran who still walks several miles a day – everyone needs these critical documents.

There are two points made in the article that I feel need some correction.  First, the article emphasizes the importance of “living wills.”  As a I wrote in this previous blog post, living wills are not legally binding in Michigan.  Michigan is one of only a few states that have no living will statute.  That said, I always have an in-depth discussion with my clients about care and end of life wishes.  These become part of their healthcare power of attorney and patient advocate designation.

Second, the article mentions that each state has its own forms for healthcare proxies and living wills.  It then goes on to say that “while it’s a legal document, . . . you don’t need an attorney to draft one.”  Technically, that is correct – because there are some forms available, you don’t need an attorney to draft one for you.  But you can say that about any estate planning document (e.g., wills, trusts, financial powers of attorney).  The question you should ask is should you meet with a Michigan attorney who focuses on estate planning to discuss the issues involved and draft a plan that ensures those wishes/desires will be followed?

The answer is “yes!”  The documents are the documents.  The value is in the counseling and discussion involved and implementing those wishes/desires by way of a comprehensive plan involving a healthcare power of attorney (among the other important estate planning documents).

Sure, we all think it will happen to “the other guy,” just like the quote in the article.  But one day, “the other guy” (or woman) will be each of us.  When that time comes, it is too late to put these important planning items in place.  Take action now, while you can, by calling us at 616-827-7596.

Michael Lichterman is an estate planning and elder law attorney who helps families and create a lasting legacy.  This goes beyond merely planning for finances – it’s about who your are and what’s important to you.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

 

What is a Michigan Limited Liability Company (LLC)?

January 9, 2011 /

As a Grand Rapids business lawyer, great folks routinely call our office and say “I need to form an LLC.”  When I ask them why, the answers range from “because I want to start a business,” to “my buddy started one and said it was the best way,” to “my CPA suggested I form one.”  This lets me know that there is some confusion among business owners and entrepreneurs about what, exactly, a LLC is.

As you can tell by the title of this post, LLC is the abbreviation for Limited Liability Company.  The law on Michigan LLC’s can be found here.  In short, a LLC is a form of legal business structure under which you can operate your business.  Some other well-known forms of business structure are corporations and partnerships.

Michigan LLCs are typically more flexible in their formation and operation than corporations and typically provide a greater level of liability protection than a partnership.  The “owners” of a LLC are called “Members.”  There can be as little as one Member (referred to as a single-member LLC or SMLLC) and up to as many Members as you want (collectively referred to as multi-member LLCs or MMLLCs).

LLCs, like corporations, offer a certain level of liability protection for the owner’s personal assets if certain legal and practical steps are taken.  This, combined with the flexibility mentioned above, is why many business owners choose to formally operate as a LLC.

This brief explanation would not be complete without mentioning everyone’s favorite topic…taxes.  By default, LLCs are taxed as a “pass through entity.”  That means that the profits and losses “pass through” the entity down to the owner(s) personal tax return…the LLC does not pay the taxes, the owner(s) does.  Although that is the default, there are elections that can be made to be treated differently for tax purposes.

It is important to keep in mind that a LLC is not always the best way to form your Michigan business.  The considerations mentioned above are just the “tip of the iceberg.”  Starting a Michigan business without talking with a relationship-based Michigan business attorney could cost you (and your business) dearly down the road.

Looking to start a business or want to make sure your business has the correct foundation for continued success?  Call us at 616-827-7596 for a comprehensive Small Business Strategy Session.  Mention this blog post and we’ll waive the strategy session fee (a $1,250 value!).

Michael Lichterman is a relationship-based business attorney who leverages his business and legal knowledge to help business owners and entrepreneurs create a foundation for success™.  This goes beyond merely drafting a set of documents – it’s about  proactively preparing the business and the business owner for continued growth while remembering the “human side” of running a business.  He best serves small business owners (less than 50 employees) and entrepreneurs.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients  and their businesses – many of which have become great friends and trusted confidants.

How Should I Sign Business Documents?

December 5, 2010 /

It depends on whether you are right handed or left handed.  Ok, not really.  This is a question I hear on a regular basis and an important one to make sure you do correctly.  Many Michigan business owners form their company as a Corporation or a Limited Liability Company (LLC).  They do this because they want to protect their personal assets from business liabilities, among many other reasons.  Many Grand Rapids business owners have read stories about lawsuits against a company and “piercing the veil” to access the owner’s personal assets.  That is definitely something to avoid.

A key component in avoiding “veil piercing” is to make sure you treat your business as just that . . . a business . . . separate and apart from you, the owner.  And how you sign documents on the company’s behalf can reinforce that notion.  I generally recommend the following: [Your Name], as [Your Title] of [Business Name].  For example, “John Doe, as Member of Masters of the Universe LLC.”

This clearly sets out that you are signing the document in your business capacity, not your personal capacity.  I also recommend always including the abbreviation for the type of business entity – LLC or Inc. – at the end so that you are putting the other parties to the document on notice that the business name is not just a sole proprietorship.

Sure, signing this way can take a little extra time and room on the paper, but it’s time (and room) well spent if it help reinforce your business entity’s existence and protect your personal assets from business liability.  If you need to make sure your Grand Rapids small business is working like a “well oiled” machine, call us at 616-827-7596 for a small business “tune up.”  Mention this blog post and we’ll waive the typical “tune up” fee ($950 value!).