DIY Estate Plans: Shortcuts That Shortchange
Can you write your own Will? Sure, Arizona law (like laws in many other states) allows you to write your wishes in your own handwriting and sign it. Such a DIY estate plan could be perfectly valid. You also can find all kinds of forms online not only for estate plans but for other legal […]
Arizona’s Statutory Health Care Power of Attorney
Like many states, Arizona has included a statutory health care power of attorney in its law. That means the legislature has written a power of attorney form for you. You can fill it out, sign it and have it witnessed, and you have a completely valid document. The Arizona Attorney General’s office has even made […]
September Roundup: Watchdogs, Wealth Tax, and More
October is just around the corner, which means it’s time for our end-of-the-month collection of elder law news items. Some of the September roundup items challenge conventional assumptions about watchdogs, death at home, wealth taxes, and obituaries: Do Watchdog Agencies Protect Us? Many believe that if you lodge a complaint with a state agency about […]
Explaining Third-Party Special Needs Trusts
What is the difference between a third-party special needs trust and a self-settled trust? The distinction can be way more confusing than it ought to be. The trusts are similar in a number of ways, but there are important differences. A few months ago, we explained self-settled special needs trusts in this space. Those are […]
Trustee’s Rules: It’s a Tough Job, and You Don’t Have to Do It
Let’s say you’ve discovered that a recently deceased loved one named you successor trustee. We have a message for you: You are not a dictator, you are not royalty, you do not have a license to torment the relatives who are beneficiaries, and you don’t have to accept. You will be governed by some trustee’s […]
Hopeful Planning Fails in Two Special Needs Cases
Hopeful planning: when your estate plan is based around your hope that everything will turn out fine. We see it a lot. Often it works. Too often it does not. Two cases we read last week illustrate how hopeful planning can go wrong when facts change after the planner’s death. Both happened to be California […]
August Roundup: Epstein, Aretha, and Abuse
At the end of each month, we like to look back at developments in elder law and share them in a roundup of news items. (Feeling nostalgic? Check out June and July.) August was a lively month for estates and legal issues, and this month’s roundup centers on one of them: Jeffrey Epstein. There’s also […]
The ABLE Act in Arizona
Now that the ABLE Act in Arizona is a little more than a year old, it might be a good time to review the rules, when it makes sense to open an ABLE Act account and what limitations you might face. Our podcast episode this week also deals with ABLE Act accounts. Between our two […]
When Mom Can’t Live at Home, Does Power of Attorney Help? Yes and No
A newsletter reader asks: Can you use a health-care power of attorney to admit someone who can’t live at home safely to a care home? The answer, legally, is clear: No, you can’t. The practical answer, however, is probably yes. A health care power of attorney names an agent to make health-care decisions for you […]
Arizona Health Care Directives: A Primer
At Fleming & Curti, PLC, we see a lot of confusion about Arizona health care directives. Many of our clients are unsure about whether they have signed a living will, or whether they need to sign new documents when they are admitted to the hospital. Many people have a hard time understanding Arizona’s unique “Prehospital […]