Quick Summary

Here’s a summary of several Michigan legislative efforts that could impact Medicaid planning, estate planning procedures, and families caring for loved ones with disabilities. Lawmakers are considering changes involving caregiver contracts, remote notarization of estate planning authorizations, and pension protections for adult children with disabilities. While none of these proposals are final yet, they could meaningfully affect long-term care planning in Michigan.

What’s Being Proposed

Several elder-law-related proposals are moving through the Michigan Legislature this year.

One proposal would prevent the Michigan Department of Health and Human Services (MDHHS) from requiring caregiver contracts to be notarized when families apply for Medicaid long-term-care benefits. Many families don’t realize that informal caregiving arrangements can create eligibility problems if they aren’t documented properly. This change would make the process more practical and fair for families providing in-home care.

Another proposal would permanently allow remote witnessing and notarization of estate planning authorizations. During the pandemic, Michigan temporarily allowed attorneys to supervise signings remotely. That flexibility proved especially helpful for seniors, people with disabilities, and those with mobility challenges. Lawmakers are now considering making those procedures permanent.

A third group of bills focuses on protecting adult children with disabilities who receive pension survivorship benefits. In some situations, receiving pension income can unintentionally cause a person with disabilities to lose housing, healthcare, or other essential support. The proposed legislation would allow those pension benefits to be directed into a trust, preserving both the financial support and the public benefits the individual depends on.

Why This Matters

These proposals highlight something many families don’t realize — the rules surrounding long-term care planning and public benefits are constantly evolving.

Even small policy changes can affect:

  • Medicaid eligibility

  • caregiver compensation planning

  • estate planning procedures

  • disability-planning strategies

Sometimes the written policy and how agencies apply the policy do not always line up perfectly. That’s why careful planning — and periodic review — matters so much.

Good planning isn’t just about preparing for today’s rules. It’s about preparing for how those rules may change tomorrow.

Simple Lesson

The law doesn’t stand still — and neither should your estate plan or long-term care planning strategy.

Action Step

If you or a loved one are thinking about long-term care planning, caregiver compensation, or planning for a child with disabilities, it’s a good time to review your plan and make sure it still works under current Michigan law.

If you have questions about your estate plan or long-term care planning, you can contact our office at (517) 548-7400 or visit: https://www.michiganestateplans.com/contact-us