Delays in Medicaid determinations in Michigan often create significant financial stress for families trying to pay for long-term care while waiting for approval. A recent Michigan Supreme Court decision, In re Estate of Sizick (March 18, 2026), directly addresses this issue and expands Medicaid planning opportunities for married couples in Michigan.

In simple terms, the Court held that probate courts in Michigan can consider Medicaid eligibility before it is formally determined. This means couples can act sooner to protect their income and assets instead of waiting months and hoping things work out, allowing for proactive planning. This ruling builds on In re Vansach Estate (2018), a landmark case successfully argued by our firm, which established the legal framework allowing probate courts to enter protective orders for the benefit of a community spouse — a framework now reaffirmed and restored by this decision.

Why This Michigan Medicaid Ruling Matters

When one spouse enters a nursing home, the spouse at home, often called the community spouse, is left trying to maintain the household while assets are being spent down to qualify for Medicaid.

Before this ruling, Michigan Medicaid planning was often delayed because probate courts were required to wait for a formal Medicaid eligibility determination. That delay usually resulted in unnecessary financial loss.

Now, under this Michigan Supreme Court ruling, probate courts can act earlier. This allows families to engage in proactive Medicaid planning in Michigan, protect more assets, and reduce financial stress during an already difficult time.

How Medicaid Planning in Michigan Protects Married Couples

Medicaid law includes protections designed to prevent the community spouse from becoming impoverished. In Michigan Medicaid planning, the community spouse may generally keep the home if they continue to reside there, retain a vehicle, personal property, and funeral arrangements, keep a portion of the couple’s countable assets, often up to approximately $162,000 depending on the timing, and retain a minimum level of income.

While these protections are helpful, they are often not enough. Many families need additional strategies to preserve assets and maintain their standard of living.

Protective Orders in Michigan — A Key Medicaid Planning Tool

One of the most important tools in Medicaid planning in Michigan is the use of probate court protective orders. Under Michigan law, probate courts can enter protective orders when an individual is unable to manage financial affairs and additional support is needed. In the Medicaid context, these protective orders can increase the amount of income available to the community spouse, reallocate assets between spouses, and provide additional financial support beyond standard Medicaid limits.

Properly used, protective orders can significantly improve the outcome of a Medicaid case in Michigan.

From Vansach to Sizick — Why This Is a Big Deal

In 2018, our firm successfully argued and won In re Vansach Estate, a landmark Michigan case that established probate courts have authority to enter protective orders in Medicaid planning cases.

Vansach confirmed a critical principle: the spouse at home should not be forced into financial hardship simply because the other spouse requires long-term care.

After Vansach, later cases, particularly In re Schroeder, limited how protective orders could be used in Michigan Medicaid planning. Courts often required a formal Medicaid eligibility determination before taking action, which delayed planning and reduced effectiveness.

The Michigan Supreme Court’s decision in Sizick changes that. By overturning those limitations, the Court restored the practical impact of Vansach and confirmed that probate courts in Michigan can again take a forward-looking approach when considering Medicaid eligibility and support needs.

What the Sizick Decision Means for Medicaid Planning in Michigan

The Sizick decision allows families to seek probate court intervention earlier in the Medicaid process, use projected Medicaid eligibility figures in planning, protect more income and assets for the community spouse, and avoid unnecessary spend-down while waiting for approval.

For many married couples, this creates a much stronger position when planning for long-term care costs in Michigan.

Medicaid Planning Strategies Must Be Coordinated

Protective orders are only one part of effective Medicaid planning in Michigan. The best results are achieved when strategies are coordinated, including Sole Benefit Trusts, income planning strategies such as the “Name on the Check” approach, and pre-eligibility asset protection planning.

When properly combined, these strategies can preserve substantial assets while still allowing a spouse to qualify for Medicaid benefits in Michigan.

The Bottom Line on Medicaid Planning in Michigan

The Michigan Supreme Court’s decision in In re Estate of Sizick represents a significant development in Medicaid planning for married couples in Michigan.

By allowing probate courts to act earlier, and by restoring the principles established in Vansach, families now have more control, more flexibility, and more opportunity to protect what they have worked a lifetime to build.

At Barron, Rosenberg, Mayoras & Mayoras, we do not just follow developments in Medicaid planning in Michigan — we have helped shape them, including successfully arguing the Vansach case that underpins this area of law. We apply these strategies every day to help families navigate the complexities of Medicaid and long-term care planning.

Contact BRMM for Medicaid Planning in Michigan

If you have questions about Medicaid planning in Michigan or long-term care costs, it is important to act early. Call (248) 641-7070 or visit www.brmmlaw.com to schedule a consultation.