Law Office Expanding Educational Outreach Program

by Gregory Hodge, JD on April 29, 2010

GRAND RAPIDS, Mich.The Law Offices of Shawn Weera, an Elder Care law firm that has been serving Michigan retirees in the Greater Grand Rapids Area for over 15 years, has recently teamed up with Seniors Helping Seniors in an effort to expand their educational outreach program. According to Gregory Hodge, JD, attorney for the Law Offices of Shawn Weera, the Elder Care law firm’s new partnership with Seniors Helping Seniors will allow them to provide an even greater depth of information about in-home care and other long-term care options than their current program, which has consisted of providing free workshops for local retirees at least twice a month for the past three years.

Attorneys for the Law Offices of Shawn Weera specialize in the law relating to Medicaid and long-term health care issues and practice in the areas of estate planning, Medicaid assistance, and Veterans benefits planning. “We find honest ways to protect our clients’ homes, loved ones, values, and independence, and, in so doing, we ensure that our clients never run out of money and never run out of options,” says attorney Shawn Weera. Their mission is simple: To apply the law for the benefit of their clients, to provide peace-of-mind solutions and to protect everything that their clients own and everyone that they love – to the greatest extent legally possible – in strict accordance with the highest possible moral and ethical standards.

For Seniors Helping Seniors the goal is twofold: 1) Help seniors maintain their independence with the dignity and respect they deserve and 2) Provide an opportunity for healthy and active seniors to not only do good and help another senior, but also supplement their own retirement income. A way to give and to receive® is one of the slogans used by Seniors Helping Seniors because they really are serving both sides of the equation. “There are so many loving, caring and compassionate seniors here in West Michigan who are retired and have all this free time on their hands. With our program, these seniors are able to find work, which is very hard for them to do, and this work is so rewarding for them because they are actually helping another senior,” says co-owner Judy VanderLinde.

The two organizations will be working together to provide educational events on a regular basis, free of charge, as a service to the community. The workshops will explore the benefits of remaining at home and teach seniors how to maintain a safe environment in the home and how they may be able to take advantage of options like the Aid and Attendance program to help them fully utilize services like those offered by Seniors Helping Seniors. The next event will be held at 6:30pm on Tuesday, May 25th, at the Kentwood Library, which is located at 4700 Kalamazoo Ave. SE. There will also be two seminars in June at senior centers in Sparta (June 23rd) and Walker (June 28th). Seating is limited, so any senior interested in attending should call 616-234-0190 to make a reservation for the seminar.

During the workshop, Seniors Helping Seniors will discuss:

  • Home safety
  • The benefits of remaining at home
  • What to look for when selecting a home care agency
  • Questions to ask to determine if home care is the right choice for you

Some of the topics that will be covered in regards to the Aid & Attendance Program are:

  • Service requirements and eligible periods of war
  • Criteria for need
  • Income and asset requirements
  • 2010 pension rates
  • What long-term care expenses will this cover?
  • What can an elder law attorney do for you?

For more information on the Law Offices of Shawn Weera, contact them at 877-933-7252 or visit www.MichiganElderLaw.com. For more information on Seniors Helping Seniors, contact them at 616-234-0190 or visit www.SeniorsHelpingSeniors.com/grandrapids.

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Estate Recovery May Affect More Than Your Home

by Gregory Hodge, JD on March 8, 2010

For years prior to the passage of Michigan’s Estate Recovery Act, our office informed its clients and seminar attendees about the detrimental affects that Estate Recovery would have. Michigan was the last state in the union to pass an Estate Recovery Act, and the act has now been in force in this state for over two years.

The Estate Recovery Act was driven by Michigan economics. (See my last blog, posted February 22, 2010, for more information on that topic.) To summarize the Estate Recovery Act, if the State of Michigan pays for your long-term care through Medicaid, then the State can file a lien against your probate estate, in particular, your home. So when a Medicaid recipient passes away, the State of Michigan acts as a high priority lien-holder against his or her estate.

Another way Estate Recovery is affecting Michigan residents is through the State acting as a remainder beneficiary of certain annuities. Annuities are special financial products that retirees use to create an additional stream of income or as an investment tool to create a greater interest exchange on their money. If an annuity is annuitized, meaning irrevocably in pay status, the annuity is considered income for Medicaid purposes. If an annuity has a cash surrender value, then that value is considered an available asset for Medicaid purposes minus any surrender charges, but not reduced by taxes.

For all annuities established after February 8, 2006, the State of Michigan requires that it be named a remainder beneficiary before it will pay for your long-term care. PEM Item 401, at 5. The end result is that the State’s remainder interest could be enforced for an amount equal to the amount of the Medicaid benefits provided. 

As I stated, all annuities purchased or annuitized on or after February 8, 2006, will require that the State be named a remainder beneficiary. However, if the annuity has a community spouse or minor or disabled child named as its remainder beneficiary, then the State’s remainder interest may be secondary.

This blog is designed to create awareness of the changes that are taking place. Keep an eye on this blog for other ways Michigan’s citizens may be effected by Estate Recovery.

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Financial Hardship in Michigan is a Reason to Plan Now

February 22, 2010

A common question asked by many considering creating an estate plan is: What is the benefit of acting today? The short answer is that the laws change and planning opportunities, like many other things, will change when changes take place in the law. If you plan now, while the laws are still semi-favorable to asset [...]

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The Dual Cash Flow Crisis

January 18, 2010

HOW IT BEGINS
When a married couple faces a medical crisis to one of the spouses, and that spouse requires long-term care outside of the home, the healthy spouse faces the risk of a dual cash flow crisis. A dual cash flow crisis emerges when the monthly expenses of a couple continue as normal, but there [...]

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Meeting an Elder Law Attorney for the First Time

January 12, 2010

When someone decides to contact an elder law attorney to assist them with their eldercare issues, there are usually feelings of reservation. Most often these feelings are related to that person’s understanding of the law and their expectations about the attorney. The following information has been provided to help ease whatever reservations you may be [...]

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A New Year, a Fresh Start

January 4, 2010

Every year around the end of December, people everywhere begin to express desires to change something in their lives.  When looking at customs like New Year’s Resolutions, I notice that every one of us has something in our lives we could do better.  For instance, you may resolve to eat healthier foods if you have [...]

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Spreading Holiday Joy

December 28, 2009

Spreading holiday joy and seasonal greetings is something a lot of people do with a card or a present. For others, this is simply done by spending time with family and friends. Whatever rhyme or reason you may have for what you do, the blessing is greater from within when you bring joy to the [...]

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Seasons Greetings

December 22, 2009

We at the Law Offices of Shawn Weera want to wish you a blessed 2009 holiday season. We thank you for being a part of our community of families, and we want to share with you some of the blessings that we were able to assist with this past year.
ASSET PROTECTION
In 2009, we conducted [...]

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The Limited Purpose of the Living Trust

December 14, 2009

As I wrote last week, this week’s blog will detail information about living trusts. A living trust is a legal document that is used primarily to avoid probate and estate taxes. Although a living trust is an effective tool for avoiding probate and estate taxes, it offers no protection against the rising costs of long-term [...]

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The Tools of Traditional Estate Planning

November 30, 2009

The purpose of this blog is to help educate you about the tools of traditional estate planning and how traditional estate planning documents are used. As you read about these documents, ask yourself: “What do I want to accomplish with my estate plan?”
Powers of Attorney
Every estate plan, traditional or not, should have a medical and [...]

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