With Medical Decisions, ‘Capacity’ Is the Key
“As long as you are able to make medical decisions, you get to make your own.” We often tell clients that when we are discussing creating a medical health care power of attorney. In the document, a “principal” names an “agent” to make decisions for the principal if/when he or she no longer can. The […]
Daughter Can File Exploitation Complaint, Though She May Lose
Who can file an exploitation complaint, alleging financial abuse of a vulnerable adult? In Arizona, a court-appointed conservator can file with the courts. So can the personal representative of the victim’s estate. But what about family members who feel that their loved one has been victimized? Financial exploitation of vulnerable seniors is a huge, and […]
July Roundup: Boom in Death Planning & More
At the end of each month, we take a moment to survey interesting developments in elder law. Did you know there’s a boom in death planning? So says the New York Times. For the July roundup, we take a look at the “Boom” resources mentioned, then quickly round up a few other useful articles that […]
Assisted Living Facility Fined Over Power of Attorney
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 […]
Bad Things Can Happen with PoAs: An Illustration
Powers of attorney are powerful tools, ones that can be easily misused. We’re often warned that bad things can happen with a financial power: the agent can take all the money. But we’re not often told bad things can happen with medical powers, too. This week, we share a cautionary tale inspired by a client […]
Group Home for Disabled Residents Protected by Federal Law
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 […]
June Roundup: Estates, Lawsuits, and More
If you are a regular reader, you know that at the end of the month, we like to survey the elder law landscape and share interesting happenings. For the June roundup, we focus on estates involved in litigation, touch on potential estate tax changes, and revisit ethical wills. Clients, especially those with trusts, wonder why […]
CARES Act Payment Doesn’t Affect Benefits or Taxes
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 […]
To Protect Beneficiaries, Use Specifically Tailored Trusts
Deciding what your loved ones get – or don’t get – after you are gone can be difficult. It’s even tougher if those to whom you wish to leave your hard-earned assets are not responsible with money or lack values you hold dear. A trust with tailored provisions is a possible solution. Leaving an inheritance […]
Arizona Court Asserts Jurisdiction Over Texas Trust
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 […]
