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 […]
What to do with Leftover 529 Account Funds
Many people open “529 accounts” for their young family members. They open these accounts hoping that the child will use the money to pay for future education expenses. College savings plans (usually referred to as 529 accounts) are designed to help families save for their child’s educational future in a tax advantageous manner. But what […]
DNR (Do Not Resuscitate) and Other Medical Orders
Clients often wonder about DNR (or “Do Not Resuscitate”) orders — and how to make sure they have one entered in their own medical records. Arizona does recognize DNR orders. Many patients (and not a few medical professionals) are confused, though, about the different forms, terminology and choices. There are a few different kinds of […]
FDIC Insurance Changes Will Affect Trusts
FDIC insurance is an important element of bank safety. The Federal Deposit Insurance Commission (FDIC) is an independent agency that protects depositors against losses when an insured bank fails. The recent uptick in large bank failures may have had you double checking that your accounts are insured by the FDIC. In times of economic insecurity […]
July Review: Aretha, Pop Culture Gifts, and So Long
July is coming to an end and so has my time writing Elder Law Issues newsletters. This is my last review of the prior month’s developments in elder law. New Fleming & Curti associate Matt Mansour and law clerk Jordan Young will be contributing articles instead. Maybe they’ll continue monthly or occasional news reviews. We’ll […]
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 […]
Estate Planning: It’s About Your Wishes, Only Your Wishes
Family togetherness and professional collaboration are great. Most of the time. For estate planning? Proceed with caution. Or just say no. It’s common for family members and advisors to encourage estate planning. That of course is a good thing. But the planning itself should not be a group project. Group efforts are so prevalent that […]
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 […]
June Review: From Politics to Very Special Pets
With July less than a week away, it’s time for our monthly edition of elder law news and developments. For the June review, there’s politics, planning, and some very, very special pets. Political Developments June 14 was World Elder Abuse Awareness Day, and President Biden issued a proclamation to “highlight the signs of this crisis, […]
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 […]
