Oklahoma Living Will Case Shows Difficulty in Implementation
Imagine that you have been diagnosed with a serious and debilitating disease. Your prognosis is not good, and the likelihood that you will become incapacitated is high. One thing you should consider is execution of a living will and other advance directives. Of course, everyone should consider signing a living will and a health care […]
Keeping your home in the family — forever
Clients often tell us they want to keep their home in the family. Often they tell us that they want to make sure that their offspring will always have a place to live. Sometimes they worry about one child’s ability to afford a home, but want to be “fair” to other children. Or they expand […]
Public Fiduciary Must Serve When Appointed
Every Arizona county has one. The public fiduciary in each county acts as guardian, conservator and personal representative. But they only serve when no one else is available. Or, perhaps, the available alternatives have demonstrated that they are unqualified. Other states have similar offices, but calling them “public fiduciary” is unique to Arizona. In other […]
Is Divorce a Strategy for Securing Long-Term Care Assistance?
We spoke at a seminar last week. An audience member asked: is divorce a strategy for securing government assistance with long-term care costs? Our short answer: usually not. But the fuller answer is more interesting. First, some background Sometimes seniors believe that their Medicare coverage will help pay the costs of long-term care. Their children […]
Supported Decision Making Comes to Arizona
Just a few weeks ago we told you about the Arizona legislature’s bill to create a “supported decision making” law in our state. We told you then that there was no chance the bill would even get a committee hearing, much less become a law. We were wrong. In a flurry of last-minute activity, the […]
Can a Conservator Change the Beneficiaries on an Account?
Can a court-appointed conservator change the beneficiaries on an individual’s investment accounts? It’s a question that comes up from time to time, and there is no clear answer. First, some definitions of terms. In Arizona, a conservator is appointed to handle the finances of a person who is in need of protection. That’s different from […]
How We Actually Use ABLE Act Accounts
We’ve written and talked about ABLE Act accounts before. But we’d like to revisit the subject with a very practical update. Let’s answer the question: how do we actually use ABLE Act accounts in our practice today? Start with a recap: what’s ABLE? Before we get practical, though, we do need to review the concepts. […]
Trustee Needs a Lawyer in Court Proceeding
It’s a question that comes up surprisingly often. Can a trustee represent herself in a lawsuit? In other words, does a trustee always need a lawyer in court? The short answer (there is some nuance): yes, a trustee needs a lawyer in court proceedings. Letting a non-lawyer trustee appear in court directly would amount to […]
What About a Special Needs Trust for Your Nephew?
You have a grandchild, or niece or nephew, with a developmental disability. You’d like to leave him (or her) some money in your will. Do you need to create a special needs trust for your nephew? The basic rule First, let’s be clear. Please do not leave your nephew any money outright. Say, for example, […]
The 56th Arizona Legislature is in Session. Uh-oh!
Here at Fleming & Curti, PLC, we’ve tried to keep track of what the 2023 Arizona legislature is up to. We monitor bills that affect our clients and the folks we advocate for, and in past years we’ve occasionally even travelled to Phoenix to testify. This year has been mostly pretty quiet — for us. […]