The attorneys at Kendricks Bordeau, P.C. provide clients throughout the Upper Peninsula of Michigan with counsel and guidance in matters relating to elder law concerns and special needs planning. We combine our experience in these areas with our dedication to personal service in delivering the highest quality legal services to our clients.

Elder Law Services

Our elder law attorneys help clients address the broad range of concerns in health, financial, and family circumstances that occur later in life. Generally, these issues relate to the elder client’s quality of life and care and to the preservation and protection of assets. Prevention of elder exploitation and preservation of elder rights are also among the concerns that elder law addresses.

Matters relating to estate planning are an important part of elder law. In particular, planning for incapacity, which is always an essential aspect of an estate plan, takes on increased importance as individuals age. Planning for long-term care is also a priority for elders, including the requirements and restrictions of Medicaid benefits for long-term and nursing home care. Our attorneys help clients with these aspects of elder law, including Medicaid planning.

Medicaid is a means-based benefits program administered jointly by the federal and state government that provides specific benefits to eligible individuals, including expenses for long-term and nursing home care. The complex regulations that govern the program include strict income and asset limitations, as well as detailed rules governing the determination of eligibility.

The rules and regulations governing Medicaid eligibility can be used to help an elder meet the program criteria, even in cases when it appears the person may not qualify. Utilizing these tools requires understanding of the applicable rules, which are constantly changing. Our attorneys provide guidance in long-term care Medicaid planning. We assist applicants in advance of and in preparation for a Medicaid application, and can help structure financial resources to obtain Medicaid eligibility while preserving family assets.

Special Needs Planning

A child or adult with special needs may qualify for benefits under complex federal and state laws and regulations, such as Medicaid, Medicare, Supplemental Security Income, and Social Security Disability Insurance. These programs can be means-based, so a child or adult whose assets or income exceed the program criteria may be ineligible for benefits. However, in some situations, special needs planning may provide a way to structure the individual’s financial resources in order to achieve eligibility for program benefits.

Special needs trusts, also referred to as SNTs or supplemental needs trusts, are a specific type of trust that may benefit a special needs child or adult. These trusts are allowed under federal and state laws and regulations, which impose complex and detailed requirements for an SNT. Parents with special needs children commonly include an SNT as part of their estate planning.

There are several different types of SNTs. Which type is suitable for a specific individual depends on the circumstances of the special needs child or adult. At Kendricks Bordeau our attorneys help clients evaluate situations in which a special needs trust may be beneficial.