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Category Archives: Newsletter

Among issues for the August Round Up of elder law: Changes in taxes

August Round Up: Taxes, Nursing Homes, Britney

NewsletterBy Jacquelyne MingleAugust 30, 2020

At the end of every month, we like to share interesting developments in elder law. For the August round up, links consider the future of the estate tax, nursing homes, and Britney Spears. The August Round Up of Tax Speculation Now that we have our official presidential candidates, there’s no shortage of discussion about the…

Oral trusts

Oral Trusts Can Rescue Poor Planning

NewsletterBy Jacquelyne MingleAugust 23, 2020

It doesn’t take much to create a trust. Most people go to a lawyer, and after a couple of meetings and a signing ceremony, they take home a big binder full of paper. While much of that effort is advisable, it’s not legally required. You don’t even need paper. That’s right, in Arizona, an oral…

Revocation on divorce

“Revocation On Divorce” Law Interpreted in Arizona

NewsletterBy Robert FlemingAugust 16, 2020

Suppose a married couple signs wills leaving everything to one another, and naming each other as personal representative of their estate. What happens when they later divorce? In Arizona, our broad “revocation on divorce” law kicks in. The concept is straightforward. After a divorce you probably want to change your estate planning documents. Maybe you…

Medical decisions

With Medical Decisions, ‘Capacity’ Is the Key

NewsletterBy Jacquelyne MingleAugust 9, 2020

“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…

Exploitation complaint

Daughter Can File Exploitation Complaint, Though She May Lose

NewsletterBy Robert FlemingAugust 2, 2020

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

July Roundup: Boom in Death Planning & More

Newsletter, Tucson Elder LawBy Jacquelyne MingleJuly 26, 2020

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

Assisted Living Facility Fined Over Power of Attorney

NewsletterBy Robert FlemingJuly 19, 2020

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

Bad Things Can Happen with PoAs: An Illustration

NewsletterBy Jacquelyne MingleJuly 12, 2020

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

Group Home for Disabled Residents Protected by Federal Law

NewsletterBy Robert FlemingJuly 5, 2020

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

June Roundup: Estates, Lawsuits, and More

NewsletterBy Jacquelyne MingleJune 28, 2020

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…

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