Sandra D. Glazier Presenting “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at Michigan State Bar Association’s Family Law Section Summer Conference

Sandra Glazier 2017 webpage photoCEP Attorney Sandra D. Glazier will present “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at the State Bar of Michigan Family Law Section’s Summer Conference on July 21, 2018 at the Boyne Mountain Resort in Boyne Falls, Michigan.

Family law is a very specialized area of law that is often state specific. In addition to staying current on the laws and how they are interpreted, family law attorneys must know their way around a courtroom, a referee’s office, the court rules, and case law. This conference will feature presentations by recognized family law practitioners providing state-of-the-law education and tips on family law issues.

An attorney for more than 35 years, Ms. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases she works on tend to be very complex and require technical as well as legal expertise. An AV Preeminent® rated attorney, she has also been recognized by “Super Lawyers” in probate litigation and a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law.

Ms. Glazier has had numerous articles nationally published by some of the legal industry’s leading publications. In addition, she has presented on estate planning and probate litigation related topics for the American Bar Association, Notre Dame Tax and Estate Planning Institute, Kansas City Estate Planning Symposium, Michigan’s Institute of Continuing Education, Oakland County Bar Association, Wayne County Probate Court appointed attorney training, Wilmington Trust’s New York Trust Symposium, Trust & Estates Magazine, and the Bloomberg BNA Estate and Gift Tax Advisory Board. She has presented on Family Law related topics for NBI, the OCBA, ICLE and the Michigan State Bar – Family Law Section.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

NURSING HOME RESIDENT PROTECTIONS

  • Congressman Debbie Wasserman Schultz a Democrat from Florida and Congressman Tim Wahlberg who is a Republican from Michigan introduced protections for residents in nursing homes during emergencies.
  • The house bill (H. R. 4704) provides in pertinent part that skilled nursing facilities shall meet certain emergency preparedness requirements.
  • The facility must have in place alternative sources of energy capable of powering heating, ventilation, and air conditioning systems for at least 96 hours.
  • Failure to comply with these provisions would subject the facility to a civil money penalty not to exceed $100,000.

 

THE CHALLENGES OF JOINT BANK ACCOUNTS

  • Usually, joint accounts are held with rights of survivorship.
  • Often times, joint accounts are made merely for convenience purposes.
  • This means that the account will not necessarily pass later in accordance with a will or trust that was created by a deceased account holder.
  • This problem most often arises when one child has their name as a joint account holder to help parent pay their bills.
  • While some children may feel they have a moral obligation to allocate funds as expressed in a will or trust, others will not.
  • This arrangement also exposes the account to potential attack or forfeiture from creditors of the added account holder.
  • In the ever-changing tax world, there can also be tax related issues in these arrangements including income/capital gain/gift tax issues.

 

TELEHEALTH TREATMENT PRACTICE CONTINUES TO GROW……

• Transportation to medical appointments is often a problem, particularly for infirm and older patients or those who are ill.
• There are often times long waits in physician offices.
• Transportation can be difficult if not inconvenient.
• Patients often need to contact their a local physician team in the event they have health problems occur while they are out of town, traveling, etc.
• Telehealth treatment removes a lot of these obstacles by allowing patients to consult with doctors and fill prescriptions over the Internet or by mobile        phone.
• In Michigan, this type of healthcare service was recognized by statute enabling patients to access their Michigan medical specialists from their own living room or while they are out of town.
• This trend is sweeping the country via the Interstate Medical Licensure Compact that is considered a new component of future medical treatment.

MAKING A WILL

A person eighteen (18) years or older who is of sound mind may make a will. If a person dies without a will they are considered to have died intestate in which case there are special guidelines on the distribution of the deceased’s estate according to state law.

ASSISTED-LIVING COSTS

  • The Assisted Living Federation reports the average age of an assisted living resident is 86 years of age.
  • According to a recent Consumer Reports study, the national median cost of a private one-bedroom in assisted-living costs 43,000 a year, actual nursing home costs can double the expense.
  • Studies have shown more than half of the residents suffer from some form of dementia impairment.
  • Dementia is one of the costliest conditions to society. In 2017 total payments for all individuals with Alzheimer’s or other dementias are estimated at $259 billion.

Four Myths about Medicaid Eligibility

  • You must sell all your assets to qualify

FALSE: Certain assets are classified as exempt, such as your home, personal and household items, certain funeral contracts, a burial plot, and income producing real estate. Also, countable assets like cash, certificates of deposit, as well as stocks and bonds can also be converted to exempt assets with no penalty. For married individuals, additional exemptions apply.

  • If you have a Medicare Card, you are not eligible for Medicaid.

FALSE: Though both pay for essential health care services, their eligibility requirements, administration and coverage are different. Medicare does not require financial needs test for those 65 and over, US citizens or permanent residents who worked at least 10 years in covered employment. Medicaid, on the other hand, is based in significant part on financial need.

  • If all your assets are transferred to a trust, you can qualify for Medicaid immediately.

FALSE: The State looks back about 5 years at any transfers made to a trust before granting eligibility. These transfers may cause Medicaid eligibility for a period of time. The only exception to this is the Spousal Annuity Trust, which when setup in compliance with the rules, allows a couple to exempt all their excess assets from being counted and lets applicants become eligible nearly overnight.

  • Once Qualified for Medicaid, the State will pay for all nursing home care.

FALSE: Medicaid covers almost all expenses needed while living in a certified nursing home, except for incidentals. Recipients must use part of their monthly income to help pay their nursing home costs. This amount is called “patient pay amount” and is calculated by an established formula used by Medicaid.

To find out more about the firm visit www.lipsonneilson.com

MEDICARE STARTER KIT

8 Does and Don’t of signing up for Medicare:

  1. Do give yourself time to learn about Medicare:
  2. Don’t expect to be notified when it’s time to sign up:
  3. Do enroll when you’re supposed to:
  4. Don’t despair if you haven’t worked long enough to qualify:
  5. Don’t worry that poor health will affect your coverage:
  6. Do remember that Medicare is not free:
  7. Don’t assume that Medicare covers everything:
  8. Don’t expect Medicare to cover your dependents:

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Claim it or Lose it

An estimated 1 million tax payers are owed more than $1 billion in unclaimed federal income tax refunds for 2013 according to the Internal Revenue Service. In Michigan alone, the IRS estimates that 33,600 people are owed nearly $34 million in unclaimed federal income tax refunds for 2013.

Of course, taxpayers have plenty of reasons for not filing tax returns like debt, child support or other obligations. Your federal return must be filed within three years to claim your refund or the money becomes property of the U.S. Treasury.

Penalties and interest will not be applied if you are owed a refund, however the IRS will hold your refund checks if you have not filed tax returns for 2014 and 2015.

Keep in mind you must file your 2013 tax return no later than Tuesday April 18, if you don’t file it you cannot get the refund.