Legal Question in Wills and Trusts in Michigan

Generally, the answer to your question is, "Yes." Typically there is planning that can be done to help someone like your father preserve at least a portion of his assets. However, before a more specific answer can be provided additional information is required.

For instance, what type of asset(s) comprise the $70,000 of liquid (are you including IRA for instance)? Are there other assets that are not liquid but would still be considered "countable" for government benefits purposes? Is your father married? Is your father a veteran and did he serve during wartime? If a veteran, is he receiving any disability compensation and/or is the condition that requires nursing care related to a service connected injury or illness?

Lastly, it is usually impossible to know for certain how many days of Medicare covered care someone will receive in a nursing home. Your question presumes the maximum allowable benefit under Medicare Part A - Skilled Nursing Facility (SNF) coverage. However, that coverage is also dependent on the provider (nursing home / therapists / doctor) continuing to certify to Medicare that the beneficiary still requires skilled nursing or rehabilitation services. In other words, it is possible for Medicare coverage to be discontinued prior to using the maximum number of SNF days. In the event you are told that your father will be discharged from Medicare coverage prior to the expiration of the 100 days, he can appeal to MPRO (Michigan's Quality Improvement Organization) for second opinion. Often provider determinations are reversed on appeal.

I hope this helps. For a more specific answer to your question I recommend you seek the counsel of an experienced elder law attorney who could address all of these issues. Good luck to you and your family.

Sanford J. Mall, JD, CELA*, VA Accredited Attorney

*Certified as an Elder Law Attorney by the

National Elder Law Foundation

30445 Northwestern Highway, Suite 250

Farmington Hills, Michigan 48334

Telephone (248) 538-1800

Facsimile: (248) 538-1801

Toll free: (866) 699-1800

www.theeldercarelawfirm.com