Issue 21  Autumn 2003

Table of Contents

MPLP Index

Elder Law

Family Law

Housing

Statewide Appeals Docket

Technology

The MPLP Index
This quarterly index reports surprising statistics about poverty-related issues. The Index has been a feature since the beginning of the MPLP eNewsletter. The Index is researched and compiled by MPLP's Housing Law Attorney, Jim Schaafsma. The poverty statistics in the Index are a timely reminder of how important the work of Legal Services attorneys and staff is in assisting those in need.

E L D E R  L A W - Articles by Alison Hirschel, MPLP

Governor Puts Home Help Cuts on Hold After Vigorous Protests by Consumers
Proposed cuts to the Medicaid Home Help program, which provides assistance with activities of daily living and instrumental activities of daily living, would affect thousands of seniors and people with disabilities across the state.

Medicaid Nursing Home Residents May Still Obtain Dental, Podiatric and Chiropractic Care, and May Still Purchase Hearing Aids, Despite State Cuts
Nursing home residents can continue to receive these services using their patient pay amounts, or they can purchase private insurance and have their patient pay amounts recalculated.

New Reports Document Major Problems in the State's Guardianship and Conservatorship System
Two new studies reveal significant problems with the state's guardianship and conservatorship systems and suggest that persons who are alleged to be incapacitated are often victimized by the system that is designed to protect them.

OSA Director Announces Major Changes to State Ombudsman Program
The OSA will terminate its contract with Elder Law of Michigan and staff the position in-house;Sarah Slocum, currently the Associate Director of AARP/Michigan, will serve as the new State Ombudsman.

Proposed Consent Decree to be Submitted to Judge in Eager v. Engler; But Concerns Remain Regarding Home and Community Based Long Term Care Services
The MiChoice program is not a true alternative for individuals who need nursing home level of care and demand for the program will continue to far exceed the supply of waiver slots; and DCH may raise the level of medical need required for eligibility.

Medicaid Estate Recovery Still on Hold While Administration Explores Creative Alternatives
Michigan may adopt a more equitable "estate preservation" plan that could generate as much revenue as a traditional estate recovery program, with much less bureaucratic effort and far less harm to low income consumers.

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F A M I L Y   L A W - Articles by Paula Zimmer, MPLP

Shifting Public Policy in Paternity Cases?
An analysis of recent Court of Appeals and Supreme Court paternity cases, from In re: C.A.W.

Proposed Court Rules to Speed Dependency Appeals
Proposed rule changes create a statewide form and assign responsibility to move appeals briskly through the system, but may prevent some parents from filing a claim of appeal.

Social Security Misunderstood
In an unpublished decision upholding the termination of parental rights, the Court of Appeals appears to misunderstand the role of Social Security benefits in a family's financial plan.

A N N O U N C E M E N T S

Task Force Meeting Change
The family law task force meeting originally scheduled for November 18, 2003, has been changed to December 2, 2003. The next meeting will focus on recent developments concerning paternity determinations and their effect on our client community.

Second Annual Family Law Institute
The State Bar's Family Law Section, the Institute of Continuing Legal Education and the Michigan Judicial Institute are cosponsoring their second annual two-day conference. Basic, intermediate, advanced and judicial sessions are scheduled, as well as some joint sessions. Speakers include judges from all of the state courts, Friend of the Court staff and family law experts including some former legal services attorneys.

Held in Ypsilanti on the 17th and 18th of November, this is an excellent opportunity to mix with those at the forefront of family law issues in the state. The cost is $200 - $250, based on years of practice or section membership. For more information and to register see www.icle.org/familylaw.

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Two Recent Favorable Decisions on Foreclosure Redemption
The state Court of Appeals and Supreme Court issue decisions favorable to parties seeking to redeem in foreclosure situations in Alternative Solutions of Kalamazoo v. Cooper and Matteson v. Stonehenge Condominium Association.

Two Public Acts Amend the Michigan Housing Act
P.A. 55 and P.A. 80 of 2003 expand the power of local government to respond to abandoned and neglected buildings.

H O U S I N G XA R T I C L E S XO N XT H E XW E B

The most recent issue of Shelterforce contains two intriguing articles about some of the challenges to creating affordable low income housing. Shelterforce is the National Housing Institute's Journal of Affordable Housing and Community Building. The first article, The Fight Over Low-Income Housing, is a firsthand account of the saga of a low income housing development that resulted in a U.S. Supreme Court case, City of Cuyahoga Falls v. Buckeye Community Hope Foundation. The second article, No Shelter in the Storm, outlines some of the history leading up to the Supreme Court's decision, and its ominous implications.

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T E C H N O L O G Y - Article by Scott Trudeau, MPLP

Simple. Easy. Free.
Free web tools make life easier: get maps; set up meeting times; shorten your URLs; and use Google to define, translate, calculate, and even to go shopping.

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