Michigan Elder Law Attorneys

Elder law covers a wide range of legal concerns that arise as people age, including estate planning, healthcare directives, Medicare planning, guardianship and elder abuse protection.

Certified Elder Law Attorney (CELA)

An Attorney’s Guide to Michigan Elder Law

Michigan seniors face many financial challenges in planning for long-term care and protecting their assets. Understanding elder law services and planning options helps families make informed decisions about care while preserving assets for future needs. The Elder Law attorneys at Collens Estate Law can help you maximize care quality and protect assets.

Long-Term Care Planning

Planning for In-Home Care, Medicaid, Nursing Home Care, and Quality of Life

Asset Protection Strategies

Spending Down Assets, Medicaid Asset Protection, Estate Recovery, and Reverse Mortgages

Legal Documents and Protections

Legal Instruments for Medical and Financial Well-Being and Protection

Action Steps and Resources

Elder Law Planning Action Steps and Resources to Get Started

Strategies for Navigating Michigan’s Elder Law System to Secure Quality Care and Preserve Assets

According to the Administration for Community Living and the US Department of Health and Human Services, 70% of Michigan residents over 65 will require some form of long-term care services, with the average nursing home cost for a semi-private room being $10,570 per month and for a private room being $11,467 per month.

Collens Estate Law has the experience to offer its clients specific strategies to preserve assets while making sure clients qualify for necessary government benefits, like Medicaid, which is vital for covering long-term care costs.

With careful guidance, families can make informed decisions about care facilities, financial management, and health decisions.

Elder Law Support

 

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What You Need to Know

Long-Term Care Planning

Planning for In-Home Care, Medicaid, Nursing Home Care, and Quality of Life

Medicaid Planning for Home Care

Michigan’s Medicaid programs provide several options for home-based care, including but not limited to:

  • MI Choice Waiver program serves as an alternative to nursing home placement,
  • MI Home Help program provides hands-on assistance with daily living activities
  • Michigan PACE:  offers medical and social support for seniors 55 and older

Medicaid Program Requirements

  • Monthly income limits ($2,742 for individuals in 2024)
  • Asset limits ($2,000 for individuals)
  • Level of care assessment
  • Michigan residency
  • US citizenship or qualified status

Nursing Home Planning

Nursing homes in Michigan vary significantly in overall cost and quality. Depending on location, average monthly costs can range from $7,500 to $11,000. Metro Detroit facilities often command the highest premium rates. Careful evaluation of facilities and payment options helps families make informed choices.

Factors to Consider in Choosing a Nursing Home

  • Medicare star ratings
  • State inspection reports
  • Staff-to-resident ratios
  • Specialty care programs
  • Location and accessibility
  • Cost and payment options

 

In-Home Care Options

Michigan has a number of home care services that allow seniors to age in place safely.  Professional in-home care typically costs 40-60% less than nursing home care, making it an attractive option for many families.

Medicare provides limited coverage for skilled home health services, while private-pay and Medicaid programs offer additional options.

In-Home Care Services

Most in-home care services provide. You should inquire specifically about each service when contacting a in-home care service agency.

  • Personal care assistance
  • Skilled nursing visits
  • Physical therapy
  • Medication management
  • Housekeeping support
  • Meal preparation

Home Modification Programs

Michigan’s aging agencies can help seniors adapt their homes for safety, including:

  • Bathroom modifications
  • Wheelchair ramps
  • Stairlifts
  • Widened doorways
  • Safety railings
  • Emergency response systems

Have Questions?

We can help. Collens Estate Law works with several area agencies on aging in Wayne, Oakland, Macomb, Livingston, Monroe, Washtenaw, and St. Clair counties.

Contact us today for a free consultation.

Quality of Life Planning

Quality of life considerations go well beyond basic care. Michigan agencies and organizations offer senior living options structured to maintain independence while providing necessary support. Living arrangements should match current needs while anticipating future changes.

Senior Living Options

  • Independent living communities
  • Assisted living facilities
  • Memory care units
  • Continuing care retirement communities
  • Adult foster care homes

Daily Living Support Services

  • Transportation programs
  • Meal services
  • Social activities
  • Educational opportunities
  • Religious services
  • Cultural programs
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Eperienced Elder Law Attorneys

Serving seniors and their families in Wayne, Oakland, Macomb, Livingston, Monroe, Washtenaw, and St. Clair counties for more than 30 years.

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What You Need to Know

Asset Protection Strategies

Spending Down Assets, Medicaid Asset Protection, Estate Recovery, and Reverse Mortgages

Spending Down Assets

Proper spend-down strategies help seniors qualify for Medicaid while maximizing the benefits of their assets. Michigan allows various exempt purchases and transfers that don’t trigger penalties.

Allowable Spend-Down Categories

– Home repairs and modifications

– Prepaid funeral arrangements

– Vehicle purchase or repair

– Medical equipment

– Personal care contracts

– Debt repayment

 

Medicaid Asset Protection

Michigan’s Medicaid rules include a 5-year look-back period for asset transfers. Understanding these rules and regulations will help families plan effectively and avoid penalties.

Medicaid-Protected Assets Include

  • Primary residence (home equity not exceeding $713,000)
  • Retirement accounts in payout status
  • One vehicle
  • Personal property
  • Burial plots
  • Life insurance (with limited cash value)

Estate Recovery

Michigan’s estate recovery program seeks reimbursement for Medicaid costs from deceased recipients’ estates.  Several estate recovery exemptions and protections may apply to probate assets.

Estate Recovery Exemptions and Protections

  • Primary residence exemption
  • Hardship waiver
  • Surviving spouse protection
  • Disabled child exemption
  • Income-producing property rules
Eperienced Elder Law Attorneys

Contact us today to schedule your free consultation.

Reverse Mortgages

Reverse mortgages may allow seniors to access home equity while retaining ownership and residence and can provide monthly income or lump sum without immediately impacting other assets. The reverse mortgage loan doesn’t have to be repaid until the homeowner decides to move or sell the home or if they pass away.  One of the other benefits is that it has the potential to protect additional assets by providing liquid funds without having to sell an investment.

Legal Documentation and Protection

Accurate legal documentation will ensure your loved one wishes are followed and their interests are protected.

The protection and authority of these important documents vary by state and county making it very important to carefully choose and execute these documents with legal assistance. While many of these documents can be generated online or from a template, it is always recommended to consult with an attorney to understand the mechanisms of each document and how they may or may not work with each other.

When these documents are most needed is the worst possible time to find out that they were improperly written, conflict with another document or directive, or has not been properly executed.

Common Elder Law Documents

  • Durable Power of Attorney
  • Medical Power of Attorney
  • Patient Advocate Designation
  • Living Will (though not legally binding in Michigan)
  • HIPAA Authorization
  • Funeral Representative Designation
  • Living Trust

 

Action Steps for Families

Immediate Actions

  • Schedule a care assessment
  • Review legal documents
  • Evaluate current finances
  • Research state and private care options
  • Connect with state and local resources

 

Planning Steps

  • Create a care budget
  • Gather important documents
  • Meet with a qualified elder law attorney
  • Tour potential care facilities
  • Develop an emergency plan

Michigan-Specific Elder Law Resources

Not quite sure where to start? The following resources contain helpful state, county, and non-profit resources for seniors and their families.

Michigan Department of Health and Human Services (MDHHS) – Aging & Adult Services

Official state resource for Medicaid, adult services, and aging programs. Includes eligibility requirements and application processes.

Michigan Long Term Care Ombudsman Program (MLTCOP)

Advocates for residents in long-term care facilities. Provides resources on resident rights and quality care.

Area Agencies on Aging of Michigan

Network of 16 regional agencies serving older adults. Offers local resources and support services.

Michigan Veterans Affairs Agency (MVAA)

State resource for veteran benefits. Information on Aid & Attendance and other veteran services.

Michigan Elder Justice Initiative

Legal resources for elder abuse prevention. Training and advocacy information.

Michigan Medicare/Medicaid Assistance Program (MMAP)

Free counseling on Medicare/Medicaid. Help with health benefit explanations and decisions.

Alzheimer’s Association – Michigan Chapter

Resources for dementia care including support groups and educational programs.

MI Bridge

Online portal for applying for benefits. Resource directory for assistance programs.

Legal Services of Michigan

Free legal resources for seniors and directory of legal aid organizations.

Michigan Legal Help

Legal and self-help resources.

What Our Clients Are Saying

I recently had the pleasure of working with Howard Collens on family issues involving a trust. His expertise and attention to detail were truly impressive. He took the the time to understand my specific needs and provided valuable guidance through the entire process. I would highly recommend Howard and his firm. Thank you again Howard.
– Vickie D.
Howard Collens is very knowledgeable in the areas of probate, estate planning, and lder law. He is actively involved in the legal community and works hard to stay on the cutting edge of his practice areas. And, he is very kind – I really enjoy working with him.
– Katie L.
We’ve worked with Howard Collens twice now. First to create our trust and again to update the trust as our family situations changed. Both times were great experiences. Howard does a great job explaining what needs to be done and making recommendations when we had trouble making some decisions. We highly recommend Collens Estate Law
– Dave E.

Questions About Elder Law in Michigan?





    Collens Estate Law Attorneys are Ready to Help

    Serving seniors and their families in Wayne, Oakland, Macomb, Livingston, Monroe, Washtenaw, and St. Clair counties for more than 30 years.