Blog - Legal Happenings

man works on papers behind analog alarm clock that reads 11:55A parent holding their smiling child in a swimming pool
Michigan Enacts Uniform Power of Attorney Act

On November 7, 2023, Governor Gretchen Whitmer signed into law Michigan’s House Bill 4644, which enacts the Uniform Power of Attorney Act (UPOAA). Taking effect on July 1, 2024, Michigan will join 30 other states in recognizing a version of this unified framework. This increases uniformity, accessibility, and coherence of Powers of Attorney (POA). Major changes include: 

  • Michigan residents will gain access to a statutory POA form. This should decrease the number of guardianships and conservatorships by giving the public easy access to creating POAs.
  • Notarized POAs will be uniformly accepted. This applies to notarized POAs executed before July 1, 2024, also. 
  • The UPOAA provides a standard set of rules for POAs. For example, if the POA is executed in compliance with certain requirements, the POA will now automatically be durable under the UPOAA.

It is important to note that the UPOAA does not invalidate your current POA, as long as your POA was validly executed. That said, the UPOAA will mandate many changes, and it may be a good time to take a look at your POA. Proactive steps you may wish to take include:

  • Make sure your POA is notarized. If it is not, think about re-executing it to take advantage of the protections that the UPOAA guarantees to acknowledged POAs.
  • Look at your POA and make sure that the agents you selected are still willing to serve in this capacity. Make necessary updates.
  • Provide your agents with copies of your POA documents.
  • Provide copies of your POA to any institutions that would find them necessary, for example financial institutions. Verify that they will accept these POA documents.

Changing regulations and frameworks can make for confusing times. We at Michigan Law Center, PLLC, look forward to helping you with any questions you have about this new system. This is also an excellent time to revisit your estate plan to ensure it meets your goals. Please contact us to book a consultation.

A parent holding their smiling child in a swimming pool
President-Elect Biden’s Promises to People with Disabilities

President-elect Joe Biden has made more promises to the disability community than perhaps any incoming president in U.S. history, raising the hopes of advocates.  The former vice president’s proposals range from strengthening enforcement against disability discrimination to nearly doubling the Supplemental Security Income (SSI) monthly benefit.

“The Biden-Harris campaign laid out an ambitious plan to meet the needs of Americans with disabilities, and it is our sincere hope to see that plan carried out and fully implemented,” the National Disability Rights Network said in a news release.

In May 2020, then-candidate Biden released a comprehensive disability rights plan encompassing civil rights and inclusion, health care, employment opportunities, economic security, education, affordable housing, transportation and technology, and global disability rights.  Some of the proposals can be realized upon taking office, while others will require Congressional action.

In regard to actions that can be done on his own, Biden has promised to appoint a White House director of disability policy. He plans to implement a long-standing proposal to make it easier for people with disabilities to stay independent in their community, and to roll back President’s Trump’s public charge rule, which made it harder for immigrants with disabilities to obtain work permits.

President-elect Biden has also promised to direct his Department of Justice and other federal agencies to reinvigorate enforcement of the Americans with Disabilities Act and other civil rights laws, to review guardianship laws, to protect the rights of parents with disabilities, and to work with police departments to improve how they accommodate people with disabilities. Shifting Medicaid funding away from institutional to integrated services will be restored as an overarching goal. Reasserting affirmative action obligations to people with disabilities, protecting special education students in school discipline hearings, and expanding voting rights are also among the new administration’s goals.

In terms of actions that would require legislation from Congress, President-elect Biden has called for a range of changes to Social Security disability benefits. Specifically, he wants to tie the SSI benefit rate to 125 percent of the federal poverty line, which would effectively raise the average monthly benefit for an individual from $783 to about $1,300.

For Social Security Disability Insurance (SSDI) benefits, President-elect Biden has called for, among other things, ending two burdensome waiting periods: a five-month wait between when recipients are approved for the program and when they begin receiving benefits, and a two-year wait until recipients are Medicare-eligible. To protect these programs’ long-term financial stability, Biden would raise payroll taxes on people with incomes of more than $400,000 and change the way annual Social Security increases are calculated by using a new measurement known as the CPI-E.

On the campaign trail, Biden unveiled a $775 billion plan to assist family caregivers.  “Families are squeezed emotionally and financially,” Biden said at the time. “They need help, but too often they can’t afford it. And the professional caregivers out there, the home health care workers, child care workers … are too often underpaid, unseen and undervalued.”

President-elect Biden has also called on Congress to abolish sub-minimum wages. Nationwide, more than 400,000 people with disabilities are legally paid wages less than the federal minimum wage, as part of a Department of Labor program that awards certificates to employers to hire people deemed otherwise unemployable in the competitive market. Civil rights groups have long characterized the New Deal-era program as exploitative.

To read the full “Biden Plan for Full Participation and Equality for People with Disabilities,” click here.

A parent holding their smiling child in a swimming pool
Nursing Homes Are Evicting Residents to Make Room for Coronavirus Patients

Illegal evictions of Medicaid nursing home residents are nothing new, but the coronavirus pandemic is exacerbating the problem, according to an investigation by the New York Times.

Some states have asked nursing homes to accept coronavirus patients in order to ease the burden on hospitals. Even as the virus has devastated nursing homes, some have been welcoming these patients, who earn facilities far more than do Medicaid patients. To make room for these more lucrative coronavirus patients, the Times found that thousands of Medicaid recipients have been “dumped” by nursing homes. Many of the residents were sent to homeless shelters.

Nursing homes make far more money from short-term Medicare residents than from Medicaid residents, especially since the federal Centers for Medicare and Medicaid Services changed the reimbursement formula last fall. Now, writes the Times, a nursing home can get at least $600 more a day from a Covid-19 patient than from other, longer-term residents. In other cases, it wasn’t about the money but simply pressure from states to accept Covid patients.

According to federal law, a nursing home can discharge a resident only if the resident’s health has improved, the facility cannot meet the resident’s needs, the health and safety of other residents is endangered, the resident has not paid after receiving notice, or the facility stops operating. In addition, a nursing home cannot discharge a resident without proper notice and planning. In general, the nursing home must provide written notice 30 days before discharge, though shorter notice is allowed in emergency situations. A discharge plan must ensure the resident has a safe place to go, preferably near family, and outline the care the resident will receive after discharge.

According to the New York Times, nursing homes have been discharging residents without proper notice or planning. Because long-term care ombudsmen have not been allowed into nursing homes, there has been less oversight of the process. Old and disabled residents have been sent to homeless shelters, rundown motels, and other unsafe facilities. The Times heard from 26 ombudsmen, from 18 states, who reported a total of more than 6,400 discharges during the pandemic, but this is likely an undercount. In New Mexico, all the residents of one nursing home were evicted to make room for coronavirus patients.

If you or a loved one are facing eviction, you have the right to fight the discharge. Contact your attorney to find out the steps to take.

To read the New York Times article about the evictions, click here.