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Show Your Support of Michigan's Seniors - Make Your Contribution Today!
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ELM Celebrates!
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Elder Law of Michigan celebrated its 20th Anniversary this year. Board and staff members took time out to reflect on the journey and celebrate this milestone with a special luncheon prior to the Board meeting on September 13, 2010.
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DURABLE POWER OF ATTORNEY: A GOOD IDEA?
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 By Robert Carowitz, Attorney
The Legal Hotline for Michigan Seniors
One of
the questions we frequently are asked at the The Legal Hotline for Michigan Seniors is whether it is a good idea
to have a Durable Power of Attorney. The
answer is YES!
A "regular" power of
attorney is a written document that allows one person (referred to as the
Principal) to grant authority to another person (called the Agent) to do a
variety of acts for the Principal. Regular
power of attorney documents can be helpful to allow another person, e.g. a
relative, to do something for you while you are absent, say on a trip or temporarily
absent from your home.
By specific statute,
Michigan law provides for a special power of attorney, the Durable Power of
Attorney. Durable means that the
authority of the Agent continues and "survives" even though the Principal
becomes incapacitated. Thus the Durable
Power of Attorney becomes a handy and helpful document for any adult who wants
to have an Agent named and ready to handle financial and other types of matters
should some type of mental or physical disability occur.
Who
should have a Durable Power of Attorney? The answer is: anyone who wants
to make sure there is someone waiting in the wings to step up and take care of his
or her affairs, in the event of incapacity. Think of it like an insurance policy-you may
not ever need it, but if you do, it's there to protect you and you're glad you
have it. Continue reading the article (pdf)
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MAKING A DIFFERENCE FOR REAL PEOPLE
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Hotline attorneys spend
much of their time these days counseling people
mired in debt. These callers are
worrisome, fearful and uncertain about what will happen when they get to
the
point they will have no money to pay their debts. Many are
being sued and wonder about the
limits of the law placed on their creditors.
Ms. Carol
R., a 74 year old lady from the small town of Lake, Michigan,
in Clare County, was just such a caller. She was facing well over $10,000 in debt with creditors
threatening to bring collection actions. Widowed after the untimely death of her husband, she was unable
to work
because of the economic downturn and her battle with cancer. Ms.
R. called The Legal Hotline for Michigan Seniors, seeking our help,
and she now says she is so fortunate she did.
We looked at Ms. R's problem from a couple angles: we
wanted to ease her fears about just how
bad her situation was, while directing her towards programs and services
that
could give her additional financial support. After counseling her about her
debts-and carefully pointing out she was not collectable-she was
directed to
ELM's Benefits Enrollment Center where she received help to discover
some
benefits she was not aware she was eligible for. She says
that talking to the Hotline attorney
really calmed her and made a difference in her life.
The Benefits Enrollment Center helped her identify almost $6,000 per
year in food, medical, and prescription drug assistance that can ease
her financial situation.
We changed her life for the better; and the
financial support of donors like you make that possible!
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PENSION PROJECT RECOVERS $89,903
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In
June, The Mid-American Pension Rights Project completed what developed into a very complicated
pension case for Mr. C, a 58-year-old Michigan resident who had worked his
entire career in road construction.
When
Mr. C first contacted the Project, he presented a very unusual issue. Under the terms of his union-administered
multi-employer pension plan, he could choose to receive his pension as an
annuity or in one lump sum payment. Mr. C
reported that when he tried to choose the annuity option, he was discouraged by
the pension plan staff who advised him that no other potential retiree had ever
elected to receive an annuitized pension benefit. The Pension Project staff contacted the pension
plan and discovered that, in fact, Mr. C had received the correct
information. This multi-employer pension
plan had no mechanism in place to arrange for Mr. C's chosen annuity.
The Pension Project worked with the plan as
it sought bids from insurance companies and finally provided Mr. C with an
annuity which will pay him $110/month for the rest of his life. During the Pension Project's involvement in
this client's case, our staff also discovered and assisted Mr. C with two additional
pensions resulting from his construction employment in Michigan and Ohio. Through its diligent efforts, The Pension
Project recovered pension benefits for Mr. C totaling $89,903.
If you or someone you know is facing pension challenges, contact us at 1-866-7737.
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