Practice Areas
Elder Law
Sound advice at a reasonable price. We guide Michigan families through Medicaid planning, VA benefits, and long-term care decisions while preserving the estate.
Caring for a Loved One
The questions families face — answered.
Do you have a parent or loved one declining in health? Do you know where they will live if they can no longer live independently — and how you'll pay for care? Elder law is the practice of answering these very questions, before a lifetime of savings is spent without a plan.
Where will my loved one reside?
How will care be paid for?
Can our family estate be protected?
What benefits are available?
Medicaid Planning
Medicaid does not have to mean spend-down.
Michigan law allows both proactive and reactive planning to preserve family wealth in spite of nursing home placement. Time-tested strategies can save 50% or more of a resident's estate — even after they have already entered a nursing home.
Strategies we use
"Half-a-loaf" planning Divestment Community spousal planning Five (5) year planning Proactive asset protection Reactive nursing home planning
Veterans & Beyond
More tools for long-term care.
Even when Medicaid isn't the right answer, prudent planning can still protect your estate. We honor the service of our veterans and help every family find the path that fits.
01
VA Aid & Attendance
Qualify wartime veterans and surviving spouses for benefits to help pay for assisted living, in-home care, or nursing care — even with the new three-year look-back.
02
Surviving spouse income
Additional monthly income for the spouse of a qualified wartime veteran who needs additional care or assistance themselves.
03
Retirement-asset planning
If you don't qualify for Medicaid or VA benefits, planned distribution of IRA and qualified assets can fund care while preserving non-qualified assets and mitigating taxes.
It's Never Too Late
A failure to plan is not a plan to fail.
Working with our attorneys, you and your family can plan appropriately for your declining loved one — while preserving their estate.
FAQ
Frequently asked questions
No. Traditional spend-down means paying for nursing home care month-by-month until eligible for Medicaid. Michigan law allows both proactive and reactive planning to preserve family wealth — strategies like half-a-loaf, divestment, community spousal planning, and five-year planning can save 50% or more of an estate, even after a loved one has entered a nursing home.
Schedule a Consultation
Let's plan for your loved one.
Tell us about your family's situation. A Michigan elder law attorney will follow up within one business day.
- Medicaid & VA benefit planning
- Asset protection strategies
- Reasonable, transparent pricing
Client Reviews
What our clients say
"Dear Amy, Jeff, Tim and team — thank you for all your time and effort in the process of getting my mom's affairs settled and making the transfer of her condo to me so smooth. Have a blessed day!"
"I needed results against a powerful insurance company. I felt alone and quite frankly, overwhelmed. I contacted SMD Law and spoke with attorney Patrick Derkacz. Immediately I felt relief; this person really wanted to help my family and I. Pat promised me results, and he got me ju…"
"Dear Pat, (AKA my favorite attorney) — you pitched a perfect game and hit a grand slam! Thank you so much for working hard to make sense of my case with Lincoln and advocating for me. I am thankful for your kindness and compassion throughout the process. I'm glad to have a Hall-o…"
"Dearest Patrick and Jeffrey, I personally, and on behalf of my siblings, thank Patrick, Jeffrey and Amy Klimas, for providing exceptional legal services to my loving parents, Joseph P. (Retired USAF) and Joyce (Honorary Retired USAF) for so many years and at an extremely discount…"
"When I first contacted Patrick, it was during the COVID-19 pandemic. I had no idea of what to expect, but Pat was wonderful to work with. He listened to my predicament, and explained to me the process he was planning to follow. He was upfront and I understood everything I had to…"
"Patrick and his staff has handled my case efficiently and professionally to a positive outcome. He has always promptly returned my phone calls and emails like no attorney before. I can easily say he has made a positive difference in our lives. Glad he continues to have our backs."
"Phil Serafini and the other attorneys in this office are great. I have worked with them over the years and they treat everyone with the utmost respect and are tireless advocates on behalf of their clients."
"Dear Phil, I want to thank you from the bottom of my heart for all your hard work. You will never know how tremendously you have changed my life. Six years ago, when no one else would listen to me or take my case, you did. I was living in the worst time of my life, I had lost my…"
"Pat was very professional, kind and always paid attention to detail. He was also very patient with me, and that made me feel at ease and that I was in good hands. He always responded to every inquiry, and always kept us updated. I would highly recommend his services."
"Thanks so much for all your help these past five years in helping me with all the legal aspects of my folks, L & E.M.'s, trust. Thanks for answering all my questions. It's been a difficult last 5 years on making decisions for my father, but I'm so grateful that God blessed me wit…"
"I want to thank you both for all your help and hard work on my case. This certainly was good news! You both did tremendous jobs dealing with Cigna and answering my questions. Thank you and have a wonderful Christmas season!"
"Thank you so much for all of your help getting me thru this mess. You have no idea how much you have helped. I couldn't have done this without you! Only one more hurdle, yay!!"
"I really wanted to thank you, the way you talked with me and worked with me, it was amazing. I was dreading the experience and the deposition and you really made it very easy for me. So, thank you very much for a job well done."
"Dear Amy, Jeff, Tim and team — thank you for all your time and effort in the process of getting my mom's affairs settled and making the transfer of her condo to me so smooth. Have a blessed day!"
"I needed results against a powerful insurance company. I felt alone and quite frankly, overwhelmed. I contacted SMD Law and spoke with attorney Patrick Derkacz. Immediately I felt relief; this person really wanted to help my family and I. Pat promised me results, and he got me ju…"
"Dear Pat, (AKA my favorite attorney) — you pitched a perfect game and hit a grand slam! Thank you so much for working hard to make sense of my case with Lincoln and advocating for me. I am thankful for your kindness and compassion throughout the process. I'm glad to have a Hall-o…"
"Dearest Patrick and Jeffrey, I personally, and on behalf of my siblings, thank Patrick, Jeffrey and Amy Klimas, for providing exceptional legal services to my loving parents, Joseph P. (Retired USAF) and Joyce (Honorary Retired USAF) for so many years and at an extremely discount…"
"When I first contacted Patrick, it was during the COVID-19 pandemic. I had no idea of what to expect, but Pat was wonderful to work with. He listened to my predicament, and explained to me the process he was planning to follow. He was upfront and I understood everything I had to…"
"Patrick and his staff has handled my case efficiently and professionally to a positive outcome. He has always promptly returned my phone calls and emails like no attorney before. I can easily say he has made a positive difference in our lives. Glad he continues to have our backs."
"Phil Serafini and the other attorneys in this office are great. I have worked with them over the years and they treat everyone with the utmost respect and are tireless advocates on behalf of their clients."
"Dear Phil, I want to thank you from the bottom of my heart for all your hard work. You will never know how tremendously you have changed my life. Six years ago, when no one else would listen to me or take my case, you did. I was living in the worst time of my life, I had lost my…"
"Pat was very professional, kind and always paid attention to detail. He was also very patient with me, and that made me feel at ease and that I was in good hands. He always responded to every inquiry, and always kept us updated. I would highly recommend his services."
"Thanks so much for all your help these past five years in helping me with all the legal aspects of my folks, L & E.M.'s, trust. Thanks for answering all my questions. It's been a difficult last 5 years on making decisions for my father, but I'm so grateful that God blessed me wit…"
"I want to thank you both for all your help and hard work on my case. This certainly was good news! You both did tremendous jobs dealing with Cigna and answering my questions. Thank you and have a wonderful Christmas season!"
"Thank you so much for all of your help getting me thru this mess. You have no idea how much you have helped. I couldn't have done this without you! Only one more hurdle, yay!!"
"I really wanted to thank you, the way you talked with me and worked with me, it was amazing. I was dreading the experience and the deposition and you really made it very easy for me. So, thank you very much for a job well done."