In previous editions of the Elder Law Today, we have emphasized the importance of having a power of attorney. Without a comprehensive power of attorney, many people are unable to handle the financial affairs of their loved ones, nor make health care decisions without court intervention (conservatorship and guardianship). Unfortunately, it continues to be our experience that many people, including financial advisors, accountants and even some attorneys do not understand what

On April 1, 2010 the new Michigan Trust Code (MTC) took effect. According the MTC committee, the new trust code represents a continuation of the modernization of Michigan’s law governing estates and trusts which began in 2000 with the Estates and Protected Individuals Code (EPIC). The primary purpose of the MTC is to provide a single, comprehensive source of law for trusts in Michigan. Although there are some important new provisions, the MTC generally preserves existing l

What is Elder Law? More than 20 years ago, the National Academy of Elder Law Attorneys (NAELA) began. Its primary purpose was to improve the quality of legal services provided to seniors and individuals with special needs. Since that time, NAELA has grown to over 4,000 members and each State Bar, including Michigan’s, now has an Elder Law section. Despite more than 20 years as a recognized legal specialty, most people still do not know exactly what is elder law. In fa

In previous issues of Elder Law Today, we have written about the Michigan Choice Waiver Program (MI Choice Waiver Program). This program provides home and community based long term care services to persons who are elderly or physically disabled. It is designed to allow persons to receive nursing home type services in their own home, licensed Adult Foster Care (AFC) or Home for the Aged (HFA) rather than having to reside in a nursing home. In a nutshell, the program supports