An Arizona assisted living facility, fined last year over two powers of attorney, appealed its civil sanction through the courts. It’s story raises concerns about the vulnerability of ALF residents. It also offers insight into common practices in the industry. The first resident’s story The case involved two residents at Heritage at Carefree Senior Living…
To our delight, a national expert visited us in Tucson recently. Our New York friend Lawrence Davidow explains the SECURE Act in a an Elder Law Issues podcast discussion. We have talked about the SECURE Act before (back in February, before the whole world changed). But we weren’t going to pass up a chance to…
New York Medicaid rules don’t ordinarily concern us at Fleming & Curti, PLC. After all, we are a Tucson elder law attorney firm. We don’t practice in New York at all. But when we have an opportunity to discuss state-to-state differences with one of the leading elder law practitioners in the nation, we take it.…
Last week an Arizona court ruled that an upscale housing subdivision may not exclude a group home for disabled residents. The Court of Appeals’ “memorandum” decision did not establish a binding precedent. Still, it represents a significant step in supporting the rights of the disabled. The subdivision Montana Ranch (sometimes Montaña Ranch) is a deed-restricted…
Leading New York elder law attorney Lawrence Davidow was recently in Tucson visiting a friend. We talked him into joining us for a discussion about elder law. Our question: how does the practice of elder law in his home state differ from our Arizona experience? Lawrence left New York just as their coronavirus cases began…
Must administrators prepare formal inventories in probate and trust administration? Does every case require employment of a professional appraiser? Is an inventory public, so that anyone can know what was left to whom? How about beneficiaries, or family members who were left out of the will or trust? In this podcast episode, we discuss the…
This week we heard from a client about his brother’s CARES Act payment: “My brother Dave, who receives SSI and is on AHCCCS, just got his CARES Act check for $1200. Actually, I got it, since I am his representative payee. I am very worried that he might lose his long-term medical care benefits under…
Everyone knows that it’s important to avoid probate, right? But what is probate, anyway? Is probate expensive, time consuming and invasive? Well, it certainly can be — but most often it’s not very complicated and easy to handle. And also, most often it is easy to avoid. Last week we discussed probate avoidance. This week…
Avoiding probate: most of our estate planning clients are already sure that’s important. But how can you avoid probate? And is it important? What (if any) problems might develop? In this week’s regular podcast episode, we talk about avoiding probate in Arizona. We explain beneficiary designations, Arizona’s beneficiary deed option, and some of the other…
Suppose you live in Texas, and you establish a revocable living trust. Your trust document is clear. The trust is a Texas trust, and is “to be governed, construed, and administered” according to Texas laws. Does that mean any challenge by trust beneficiaries must be filed in Texas courts? The Roger McCarty Trust Roger McCarty…