www.elderslaw.org
2006 ANNUAL REPORT
3815 W. St. Joseph St., Suite C-200 Lansing, MI 48917 Phone: 1-866-400-9164 Email: info@elderslaw.org www.elderslaw.org
Letter from the Executive Director. . .
Dear Friends and Colleagues:
Kate B. White
Executive Director
“I just want to leave the world a little better than I found it, and that's my goal in life." -- Armand Hammer
One of the marvelous things about Elder Law of Michigan, Inc. is the opportunity to touch the lives of those we serve. Feedback from our clients tells us that we have made things better, and they deeply appreciate the kindness and compassion they receive from our staff. New partnerships and hard work made 2006 an award-winning and fulfilling year for our staff, clients and contributors. The Legal Hotline for Michigan Seniors reached out to low income terminally ill adults and began offering hospice patients direct access to our attorneys. Our partnership with the Michigan Hospice and Palliative Care Organization and its members in metropolitan Detroit gave us the opportunity to quickly resolve problems for people who really needed a hotline to provide the information and answers that brought relief, comfort and peace to their final days. The work of the Caregiver Legal Helpline continues and the caregivers of older adults grew as part of our customer base in 2006 and now represent 12% of our clients. Caregivers deeply appreciate the ability to get quick answers from an empathetic, helping professional. It really lightens their load and gives them the chance to react to the crisis at hand, while planning for the future. The Michigan Pension Rights Project continued to reach out to colleagues in Ohio, Kentucky and Pennsylvania to offer regional, pension-problem resolution and support of sister programs in those states. Under new staff leadership, the Project had a record year and recovered $1.25 million for retirees in Michigan. Throughout our four state region we recovered over $3 million, bringing help, hope and economic security to hundreds of families. As our success increases, so does our reputation as an organization making a difference nationally in the field of pension and retirement issues. The Michigan Coordinated Access to Food for the Elderly (MiCAFE) Project established a strong presence in Wayne County and is now operating in 10 counties. In 2006, the Project received a coveted Health Care in Aging Network Award from the American Society on Aging in partnership with Pfizer. The award, along with an honorable mention for excellence from the Committee to Preserve Social Security and Medicare, gave the program national visibility and has inspired other states to work harder to bring food stamps and other public benefits to seniors where seniors live. The Gay, Lesbian, Bisexual and Transgender Older Adult Legal Hotline began its work helping GLBT community members with their legal concerns, empowering them to make informed choices and take action to protect their rights and economic status. As the program grows, we are excited to help this often excluded group of older adults secure the information they need for successful aging. In 2006 we made the world a little better place for at least 11,000 people. In 2007, we are counting on you to join us in making the world we live in a better place and give your support to the work we are doing to improve the lives of people in Michigan. Sincerely, Kate White Kate Birnbryer White, Executive Director
Legal Hotline for Michigan Seniors
Each day between 70‐100 seniors call the Legal Hotline seeking information, advice and reassurance. Demand for help grew 26% this year. No matter how busy, our attorneys who answer these calls are more than just legal advocates. They are “counselors that care” and alleviate many of the concerns of older people, bringing peace of mind and offering real solutions that make life better. In 2006, the Hotline reached out to a group of older adults who needed help and needed it fast—the terminally ill. In partnership with four hospices in Metro Detroit, we began filling a void that has gone unfulfilled for many years. Hooking up a terminally ill client with a legal aid or pro bono attorney proved difficult because many people enter a hospice with less than a week to live. Immediate access to free legal advice over the telephone was the answer and the Legal Hotline for Michigan Seniors began to supply it. In 2006, we assisted 70 hospice patients, providing legal information, advice and brief services to help them put their affairs in order. The pilot with the four hospices was so successful, that we hope to expand to other parts of the state in 2007. These special clients and their families express deep gratitude at the expedited service they received during their last days. The candid nature of our conversation and the attorney’s ability to explain my situation in non‐legal jargon…this is an absolutely terrific service. Thank you all for doing this work. I am very, very grateful. ‐‐James E. Puzio, Port Huron, MI As the needs of our clients change, so do our programs. Recognizing the growing role of caregivers, we expanded the scope of the Legal Hotline to extend to advising unpaid caregivers. With support from the Dart Foundation, DTE and the Michigan State Bar Foundation we continued the Caregiver Legal Helpline as an extension of the Legal Hotline. We now provide legal advice to caregivers who are caring for people over age 60. Advice on legal matters such as insurance, Medicare/Medicaid, wills, power of attorney, neglect and abuse, financial exploitation, guardianship, and housing options is now available by calling our toll free number. Caregivers account for 10% of our clients in 2006 and this number is growing! I truly could not afford to hire an attorney for the advice needed. I sincerely appreciate the excellent service I was given when dealing with you. Enclosed …you will find a [contribution]. I wish it could be more.—Ted E. North, Lansing, MI With the support from the Arcus Foundation’s Gay and Lesbian Fund and the Hope Fund of the Community Foundation for Southeastern Michigan, ELM started the Gay Lesbian Bi‐sexual and Transgender Older Adult Legal Hotline. This service gives us the opportunity to reach out to the GLBT community and provide information and advice on protecting their rights and financial well‐being as they age. They also have many questions on caring for parents, partners and friends. Broadening our service in this way fills an important gap that mainstream organizations overlook.
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Our Hotline & Pension Clients…
those who can’t afford an attorney and whose circumstances make them candidates for special assistance. During 2006, 5,120 clients were assisted—an increase of 26%. 77% percent of these clients were Caucasian, 21% were African American, and 2% were Hispanic, Native American, Asian, Pacific Islander, or “Other”. The majority of our clients (71%) were females. Although we have no income restrictions, 78% of our clients are considered low income, with household income below 200% of the
federal poverty level. This means that they have a yearly income of less than $1,633/month for a single person or $2,200 for a couple.
Our Hotline and Pension clients are as diverse as the services we offer. We target
Types of Cases
Where Clients Live by County
Wills/Probate 26% Wayne 27% Medicaid/Medicare 10% Oakland 10% Debtor Protection 9% Kent 7% Home/Real Prop 7% Ingham 6% Contracts/Warranties 6% Macomb 5% Pension/Employ 5% Genesee 4% Landlord/Tenant 4% Washtenaw 2% Guardianship 4% Muskegon 2% Torts 3% Other Counties 37% Bankruptcy 3% Other Consumer 2% Family 2% 2006 Hotline Clients Social Security/SSI 1% Subsidized Housing 1% Total Clients: 5,120 Unfair Sales Practice 1% People Helped: 9,738 Other 18%
Pension Cases & Recoveries
We recovered $1,250,000 for a return on investment of $8.33 recovered for every $1 spent! In 2006 we closed 300 cases.
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Michigan Pension Rights Project
As companies of all sizes and from all industries declare bankruptcy, merge, and face financial difficulties, concerns about the safety and long term stability of pension plans become commonplace. Traditional defined benefit pension plans are being replaced with less expensive, less secure plans like 401(k)s and cash balance plans. Pensions are being frozen, labor negotiations can change the terms of pension benefits, and healthcare in retirement remains a wildcard. As concerns about pensions grow, so does the work of the Pension Project. In 2006, the Project closed 300 cases in Michigan. As part of our mission to train the next generation of lawyers, the Pension Project cultivated the talents of 2 volunteers and 6 work study legal students, resulting in over $1.2 million in pension benefits recovered for retirees in Michigan. With our partners in Ohio we had a record year, recovering over $3 million for retirees in Michigan, Ohio, Pennsylvania and Kentucky. The extraordinary return on investment for the Pension Project is $20 for every $1 of federal funding provided! “I learned that I could count on you to follow through on things I don’t know or understand—Thank you!”—Jeanne Snyder, Lansing “Please continue your service. I do not believe that I would have received any retirement pay without your help.” ‐ Richard Dutcher, Kentwood “With so many businesses closing, this particular service will be increasingly needed as workers reach retirement age. My husband’s shop closed in 1981 but he didn’t retire until 2003. We would never have found his pension without this service.” ‐‐Saundra Rexford, Montague
Measuring success one client at a time!
Ms. J contacted the Pension Project to get assistance with enforcing provisions in her judgment of divorce which gave her 50% of her ex‐husband’s pension. Ms. J’s ex‐husband faithfully paid her directly each month until he became incapacitated. At the time that she contacted the Pension Project, the ex‐husband’s agent had assumed responsibility for paying his bills and debts. Payments to Ms. J were often late, and the checks sometimes bounced. The agent would not respond to Ms. J’s inquiries. The Pension Project facilitated the drafting and entry of the necessary documents enabling her former husband’s employer to pay the pension directly to her. The Pension Project enlisted the pro bono services of two private attorneys. One attorney drafted a qualified domestic relations order (QDRO), which directed 50% of the ex‐husband’s benefits from his retirement be paid to Ms. J. After the QDRO was drafted, the Pension Project forwarded the QDRO to another private attorney who had the QDRO entered in court on the client’s behalf. As a result of the Project’s efforts, her former husband’s employer accepted the QDRO, and Ms. J began receiving monthly pension benefits, more than doubling her income. www.elderslaw.org 4 866-400-9164
MiCAFE
This year, MiCAFE won a coveted Health Care in Aging Network award from the American Society on Aging and Pfizer. This national recognition confirms the validity of our community‐based partnership approach to working with low income older adults and their families. We look forward to continuing to grow the program statewide, beyond the current 10 counties. As of 2006, 2,173 households supporting 2,710 people were helped by MiCAFE. The client profile is Caucasian females (80%) who are approximately 74 years old. About 91% of households were below 200% of poverty and 61% have a high nutritional risk for food insecurity and poor health. Approximately 77% of the households served were determined eligible for Food Assistance. The average monthly benefit was approximately $70 or $840 per year. Overall, MiCAFE has helped Michigan seniors receive an estimated $1,399,140 in federal dollars. For every new $5 in food stamps, $10 is generated locally, meaning, MiCAFE streamed approximately $2,798,280 into Michigan’s economy!
“There are seniors who are just barely making it, and have to make choices. Many don’t have prescription coverage, so they decide whether they’re going to buy food or prescriptions. Sometimes they buy a little of each, and have to decide what they can live without. I received a call from a lady who was not eating any meat because she couldn’t afford it, and she was looking for help.” ‐ Lowanna Steinman, MiCAFE Application Assistant – Genesee County
Participating Counties as of 12/31/2006
County
Branch Cass Eaton Emmet Genesee Gratiot Kalamazoo St. Joseph Wayne
Total Households
55 131 32 12 1,330 8 72 18 515
Total People Helped
75 160 46 14 1,616 14 84 21 680
% determined eligible
78% 83% 81% 83% 79% 50% 76% 67% 69%
Monthly Benefit Avg.
$90.95 $58.90 $89.81 $79.80 $69.58 $111.75 $50.15 $109.17 $71.39
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Pooled Account Trust
Protecting the economic well‐being of older adults
In 2006, Elder Law of Michigan, Inc., partnered with the law firm of Kemp, Klein to create a Pooled Account Trust. Pooled Account Trusts are a relatively new tool to protect eligibility for public assistance programs such as SSI and Medicaid for clients with significant long term health care needs. Long term care is a significant issue that impacts older and disabled adults and the families that care for them. As medical technology evolves and extends longevity to people who in the past had a shorter life expectancy, new ways to plan and save for the special needs people encounter as they live with significant disabilities and chronic illnesses need to be widely available. A Pooled Account Trust fits within Elder Law’s mission and is a new way we protect beneficiaries’ rights, health and economic well‐being. Elder Law of Michigan, Inc. gives trust beneficiaries and their families the peace of mind that comes from knowing the medical coverage and public benefits will be protected and that quality of life will be enhanced by using trust assets to meet other needs that are not covered by existing benefits. The Trust allows family members, friends and guardians to improve the quality of life of those in their care by: • Allowing Elder Law of Michigan, Inc. and its agents at Kemp, Klein to manage and distribute trust assets to provide for needs that supplement the trust beneficiariesʹ basic care; • Having a caring and responsive team to address beneficiariesʹ needs; and • Working with a team of professionals dedicated to managing the trust assets for the sole benefit of each individual trust beneficiary coupled with accountability and reliability.
Why Elder Law of Michigan, Inc.?
As a Michigan‐based charity that understands the unique needs of aging and disabled adults, we pledge to ensure the best quality care and assistance for our beneficiaries. Working with a trust within Michigan allows for more personalized attention and connection. Elder Law assisted more than 200,000 seniors and their families with their legal and related financial concerns for over 17 years. In addition to receiving specialized trustee services from Elder Law, trust beneficiaries also benefit from our fair and transparent fee policies as well as our clear and easy to follow annual financial reports and tax preparation services.
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Our Donors…
Corporate Donors & Public Partners
AARP Michigan Blue Cross & Blue Shield of Michigan Charter One Foundation Comerica Charitable Foundation Consumers Energy Foundation DART Foundation DTE Energy Foundation Fifth Third Bank Ford Motor Company Gordon Food Service Masco Corporation Foundation Michigan Department of Human Services Michigan Office of Services to the Aging Michigan Sheriff’s Association Pfizer, Inc. U.S. Administration on Aging U.S. Department of Agriculture
Foundation Grants
Alfred W. Chase Foundation Arcus Foundation Community Foundation for SE Michigan Fetzer Institute Fund Gilmore Foundation Jennings Memorial Foundation Kalamazoo Community Foundation Michigan State Bar Foundation Ruth Mott Foundation
Funding for Elder Law of Michigan, Inc. in 2006
IOLTA Foundation Grants Income
Donations
Federal
State
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2006 Individual Donor Honor Roll
Marilyn Acker Mae Adams William Allen Helen Altenburg Esther Alvord Corina Andorfer Frank Angileri Peter Armstrong John Aylsworth Virgil Badgley Janet Balogh LeRoy Balzarini Deborah Barlow Marlene Barry Pamela Bartlett Bruce Barton Doris Bauer Hazel Baughman Eileen Bavin Sydney Berry Martha Black Jerry Blakslee Stephen Bolerjack Margaret Bossenbery Darlene Boyd Mary Bradfield Maggie Brooks Gertrude Brown Iris Brown Stanley Brunette Eleanor Brush Evelyn Burgess David Byrne James Cambridge Mary Kay Camp Hugo Carlson Beverly CarneyArmstrong Robert Carowitz Lillian Chapko Ward Chapman Keith Cheresko Ricki Chowning Sharon Churchfield Yvonne Clark Judith Conlon Margaret Cook Patricia Cook Sarah Cook Ambroggia Corridori Nicholas Costianes G. Cowan Roderick Coy James Crafts Mildred Crum Constance Daly Yolande Dauphin Leann Davis L. Gene DeAgostino Robert Debrodt Frank Dedona Marguerite Dehmel Sherri Demarco Marilyn Dragan Joyce Draganchuk Ruth Drago Geraldine Dubiel Maralyn Dunmire Gilbert Dunn William Durrant Bertha Dusseau Lou-Ellen Ehnis Loyal Eldridge Leila Elsasser Helen Etkin Theodore Fairbanks Stanley Farr Beatrice Farrow G. Dolores Ferguson Sharon Finch Michael Flores Excel Fox Alfred Gabriel Susan Galat Penny Gamet Lorraine Garrett Michael Gerou Terri Giampetroni Robert Giangrande Maxine Gilbertson Cecilia Gilson Sharon Giltner Marjorie Girdwood Donna Glenn Laura Gordon Glenda Gorst Robert Gramer Margaret Greene Dolores Hahn Shirley Hall Emily Hanna Katherine Hansen Norman Harrison Helen Haskins Anna Havrilla Nancy Hazekamp Neal Helmus Irma Henner Barbara Hensinger Blondy Hester Frances Hewitt Cynthia Higgins Jerrie Hilbert Richard Horn Terry Horton Beth Hoyt Catherine Huben Joan Hunault Violet Hyde Jane Hyden Jean Indyke Dave Ivers Robert Jacke Constance Jackson V. Earline Jackson Constance Janus Annette Johns Betty Johnson Cynthia Johnson Regina Johnson S. Lee Johnson Alline Jones Diana Jones Vance Jones Jean Jorgensen Bernice Josling Annabel Kane Andrea Kanski S. Olof Karlstrom Mavis Kelley Celia Kemble Nancy Kennedy-Henline James Kiefer Virginia Kinne Margaret Kocsisko Lloyd Kooyers Henry Kopicko Thaddeus Kosmowski David Kotzian Wolfgang Kunze Grace Kurzawski Thomas Kyros Norman Lange Mary Beth Leija Ann Lengell Jacquelyn Leonard Wanda Leslie Maureen Leugers Charles Levin Robert Limback Michael Lisi Grace LoPresti Mary LoVasco Marilyn Love Joseph Luketich Mary MacDonald Joyce Macrorie Janet Maher Gary Mancewicz Paula Manderfield Stephen Marek Joseph Marion Michele Marquardt Alga Marshall Carolyn Martz Elnora Maturi Olivia Maynard Nancy McDaniel Annie McJoy Georgia McKenney Dan McLaughlin Kate McNamara George McVay Alfreda Menlove Jacqueline Michaels James Mies Richard Miller Michael Millich Marion Mills Dennis Modzelewski Melvin Mogill Mildred Mondella Abbie Monteith Jewel Moody Michael Moquin Rita Morgan Carol Morris Keith Morris Patricia Mucha Susan Mulford Allen Nelson Nickolas Nestuck Edith Nicholson William Nilges
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2006 Individual Donor Honor Roll
V. Elaine Nutt Eileen Obidzinski Ted Ocheltree Andrea O'Connor-Hall Eugene Olsavick Kathleen Opperwall James O'Reilly Clay Ottoni Mildred Owens Herbert Pake Betty Parks Marilyn Parr Daniel Parras Alice Parsons Tanya Paslawski Diane Paulsen Louis Peck Cami Pendell Deborah Pennington Daelyn Pierce Nina Piller Donald Pitchford Harry Potter Richard Powell Cecilia Puchalsky Winifred Pulley Lucille Pushies Jean Putnam Shirley Quinn Richard Randall Katherine Raper Ilene Raycraft Loretta Rebant Maureen Reilly Grace Reinhold Valerie Rice Barbara Richstone Robert Robinson Juan Romero Reginal Ronningen Barbara Root Charles Ruffing Bernhardt Rust John Sagorski Geneva Sanders Mary Semple Richard Seyfried David Shaltz Keith Shattuck Carolee Shaw Sherill Siebert Rajinder Singh Delores Smith Evelyn Smith George Smrtka Linda Solms Blanche Solomon Beatrice Spohr Theodore St. Antoine R. Keith Stark Jacqueline Stefko Robert Stewart Geraldine Strausborger Phillip Strehle Jeffery Stuckey Paul Sturgul William Sullivan Susan Swan Jack Sweetenham Theodore Sylwestrzak Andrew Thom Sylvia Thomas Lionel Tillman Bruce Timmons Dorothy Tomczak Joyce Trapp Joyce Traylor Virginia Treat James Trosen Irene Tumino Arthur Tyszka Walter Urick Kathryn VanBruggen Lauren Vansteel Bradley Vauter Ronald Voelker Margaret Walker Thomas Walsh Larry Walworth Emerance Washington Kathleen Webber Judith Wedemeier Judy Welsh Kate White Mary White Stanley White Norman Wiatr Ronald Wick Fredric Wickert Janet Wilcox David Williams Richard Winder Elizabeth Winslow Arthur Woodford Mary Word Douglas Wozniak Joseph Wozniak Marie Yakes Raymond Yokey David Young Eric Zacks Josephine Zajkoski Eileen Zielesch Lisa Zimmer Martha Zimmer Sara Zwickl
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Board of Directors 2006
ELM’s Board of Directors consists of eleven members, each of whom is elected to serve a three year term. The Board of Directors generously give their time and energy to our organization to ensure that ELM rises above and beyond its goals. The members of ELM’s Board of Directors are professionals who bring a wide range of skills, experience, and diversity to our organization. All members of our Board of Directors share ELM’s commitment to promoting and protecting the rights of Michigan seniors. The Board represents our statewide service area.
Diana Jones Blue Cross Blue Shield of Michigan Chairman of the Board David Shaltz, ESQ Private Practice Treasurer Paul Sturgul, ESQ Paul A. Sturgul Law Office Member at Large
Laurie K. Murphy, ESQ
Miller Johnson
Vice Chairman of the Board Caroline Chambers Comerica Incorporated Member at Large Steve Bolerjack, ESQ Dykema Gossett Member at Large Robert McDonough, ESQ Pfizer, Inc. Member at Large
Susan C. Swan Consumers Energy Company Secretary Hon. Paula Manderfield Ingham Co. Circuit Court Member at Large Maureen Leugers Gordon Food Service Member at Large Kate Birnbryer White Executive Director
Our Team
Combined, our programs and services are designed to offer a holistic array of services to protect the legal, financial and economic well‐being of seniors in Michigan. Led by an interdisciplinary team of lawyers, social workers and advocates, seniors’ problems are analyzed and their rights, options, and benefits are explained to them. We have 24 full‐ and part‐time staff as well as 12 in‐house volunteers. Caring counselors and volunteers give legal advice, information, assurance, and hands on assistance to help resolve and alleviate the issues seniors face in this increasingly complicated world. As the needs of seniors change, Elder Law of Michigan, Inc. designs programs and services to effectively respond to the new challenges of growing older and living longer.
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They turn to us…and we turn to you!
Thousands of older adults and those that care for them turn to us each year when they have questions, concerns, and need resources to live independently in the community. Serving them solves problems that could grow and become more costly financially, socially and emotionally for their families. Won’t you support our work to empower us to: • Help over 1,000 low income elders apply for Food Assistance (Food Stamps) and Medical Assistance that pays their Medicare Premiums? • Guide pensioners and their surviving spouses in the recovery of the pension benefits they have earned? • Fight Consumer Fraud through one‐on‐one customized education for vulnerable older adults? • Offer investment options to pool resources to improve the quality of the lives of vulnerable elders and disabled adults? • Continue to develop responsive programming to address the special needs of non‐traditional families and the elders they love?
Contribute to a solution!
Elder Law of Michigan is a nonprofit charitable organization that provides invaluable help to families to help protect the rights, health and economic well‐being of older citizens. We solve problems for older adults and those that care for them by empowering them with information, advocacy, direct assistance and legal advice. Our work requires your participation, so please send a tax deductible contribution for operations or an endowment to:
Elder Law of Michigan, Inc. 3815 W. St. Joseph St., Suite C‐200 Lansing, MI 48917
You can also donate online from our website at www.elderslaw.org.
In partnership…
Donations can also be made through the State Bar of Michigan’s Access to Justice Campaign. Please designate the Legal Hotline for Michigan Seniors for General Operations. Checks or credit card donations can be made through ATJ and sent to the Michigan State Bar Foundation, 300 Townsend, Lansing, MI 48933 or online http://www.michbar.org/programs/ATJCampaign/pdfs/pledge_form.pdf or on Elder Law of Michigan’s website at http://www.elderslaw.org.
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