Medicaid PlanningSpecific financial strategies to qualify for government benefits without going broke.
Explore Medicaid StrategiesMichigan Elder Law Attorneys
Legal advocacy to preserve your independence and protect your life savings.
Standard estate planning handles what happens if you die. Elder Law handles the complex legal challenges of living longer. From securing Medicaid benefits to prevent financial ruin, to establishing robust Powers of Attorney that keep your family out of Guardianship court, we protect your autonomy and your assets.
Trusted by Over 450 Clients with a 4.9 Star Rating
I can’t recommend Rutkowski Law Firm highly enough for their incredible support and guidance as we explored elder law options for my father. From the very first consultation, it was clear that their team is not only highly competent and knowledgeable but also genuinely compassionate. They took the time to understand our unique situation, answered every question with patience, and offered creative suggestions tailored to my father’s needs...
[Rutkowski La Firm] was extremely helpful in answering my questions. Highly recommend for elder law or estate planning.
Control vs. Court
Avoiding Guardianship & Conservatorship
The most common crisis we see isn't just about money—it's about access. If a parent loses capacity without a specific 'Elder Law' focused Power of Attorney, your family may be forced into Probate Court to get Guardianship just to pay bills or talk to doctors. We put the legal fortress in place to keep the government out of your private decisions.
- Enhanced Power of Attorney :
- Standard POAs often lack the "gifting" powers needed to save assets during a crisis. Ours are built for this specific purpose.
- Patient Advocate Designation :
- Ensures your medical wishes are respected and prevents family disputes over care.
- Avoiding Conservatorship :
- We set up private fiduciaries so the Probate Court doesn’t end up controlling your checkbook.
Asset Preservation
Protecting Your Home from Long-Term Care Costs
Nursing home care in Michigan can exceed $12,000 a month. Without a plan, the state requires you to 'spend down' virtually everything before they help. Our Medicaid Planning strategies allow you to qualify for benefits while legally sheltering your home, cottage, and savings for your spouse and heirs.
- Medicaid Asset Protection Trust :
- An irrevocable trust that starts the 5-year clock, keeping your assets safe from the nursing home spend-down.
- Lady Bird Deeds :
- Instantly protects your primary residence and cottage from estate recovery liens without losing control.
- Crisis Planning :
- Strategies to save 50-100% of assets even if your loved one is already in the nursing home.
The Elder Law Toolbox
Legal Tools for the Aging Journey
Standard forms found online often fail when faced with a bank's legal department or a Medicaid caseworker. We draft 'Enhanced' documents specifically designed to work during a medical or financial crisis.
- Asset Protection Trusts :
- Shields wealth from long-term care costs while keeping it in the family.
- Medical & Financial POAs :
- The "Keys to the Car" that allow your family to act without court interference.
- Caregiver Agreements :
- Formal contracts to pay family caregivers, essential for Medicaid compliance.
- Veterans Aid & Attendance :
- Unlock additional monthly income for wartime veterans to pay for assisted living.
Understanding the Difference
Standard Estate Planning vs. Elder Law
If you are healthy, an Estate Plan is likely enough. But if you have received a diagnosis or are over age 70, the focus shifts from 'Leaving a Legacy' to 'Preserving Quality of Life.' Here is how the strategy changes.
Primary Goal
Standard Estate Planning: Orderly distribution after death
Elder Law: Preserving autonomy & assets while alive
Legal Focus
Standard Estate Planning: Probate Avoidance
Elder Law: Guardianship Avoidance & Benefit Qualification
The "Enemy"
Standard Estate Planning: The IRS & Probate Court
Elder Law: The Nursing Home Bill & Loss of Rights
Documents
Standard Estate Planning: Will, Revocable Trust
Elder Law: Enhanced POA, Asset Protection Trust
Specialized Services
How We Help Michigan Families
Explore our specific solutions for legal authority and financial protection. From Medicaid strategies to Guardianship defense, we have the experience to guide you.
Medicaid Planning
Guardianship & ProbateIf you have lost legal capacity without a plan, we represent your family in Probate Court.
Get Court Representation
Asset ProtectionAdvanced trusts to protect real estate and liquid assets from future care costs.
Secure Your AssetsCommon Questions About Elder Law in Michigan
Estate Planning Guide
Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.
Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.
What If I Already Gave Away My Assets? Medicaid Mistakes You Can Still Recover From
Gifting your home or savings may seem generous—but if you need long-term care, that decision can cost you. Here’s what to do if it’s already done.
Founder / Attorney
Protecting Yourself from Medicaid Estate Recovery
Protect your home with proactive medicaid planning to avoid costly Medicaid Estate Recovery with smart legal strategies before long-term care is needed.
Founder / Attorney
When Medicaid Can — and Can’t — Go After Your Home
Why your house may be protected during life — and what can change after death.
Founder / Attorney
From the Video Library
Learn the ins and outs of estate planning from the estate planning attorney, Michael Rutkowski.
Estate Planning
How to Include Cryptocurrency in Your Estate Plan
Cryptocurrency can't be titled in a trust, but it can still be part of your estate plan. Attorney Michael Rutkowski explains how to pass on digital assets like Bitcoin using key-based access and trustee instructions.
Michael Rutkowski
Attorney at Rutkowski Law Firm
Estate Planning
How A Trust Works
Unlike a will, a trust helps you avoid probate, ensures seamless asset distribution, and provides financial protection for your loved ones. In this video, estate planning attorney Michael Rutkowski breaks down the mechanics of a trust, from setting it up to funding it properly.
Michael Rutkowski
Attorney at Rutkowski Law Firm
Estate Planning
When to Start Estate Planning
Estate planning isn’t just for the wealthy or the elderly—it’s essential for everyone. But when is the right time to start? In this video, estate planning attorney Michael Rutkowski discusses key life scenarios where estate planning becomes crucial.
Michael Rutkowski
Attorney at Rutkowski Law Firm
Request a Consultation
With offices in Rochester and Bloomfield Hills, we’re proud to serve families throughout Michigan. Prefer virtual? We offer video consultations for estate planning, so you can plan from the comfort of home.
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“Their whole team was amazing to work with! The attorneys were very knowledgeable and made it easy to understand. We chose virtual planning process option because it was so much more convenient with my work schedule but they offered to meet in person too of we didn't do zoom. Highly Recommended!”
Whitney Ollila