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…
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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…
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…
At Fleming & Curti, PLC, we are keenly interested in more than the legal aspects of estate planning and also care about broader developments surrounding people who are aging and/or coping with disability. Maybe that’s because we’re naturally curious. But more likely it’s because the firm and most of the attorneys are licensed fiduciaries, and…
Do you have a bank account with another person listed as a joint owner? You probably have a joint tenancy bank account. Does that mean that the other owner could empty the account? For that matter, could you? What is a joint tenancy bank account? How do you know if you hold your bank account…
When most people think about making an “estate plan,” they jump straight to deciding who gets what when they die. But there’s a lot about an estate plan that comes into play when you are alive. The most important: your financial power of attorney. Why the Financial Power of Attorney? Every adult should have a…
Last month the United States Supreme Court ruled (unanimously) that North Carolina’s approach to taxation of trusts was impermissible. If it was a 9-0 decision, though, the obvious questions are: Whoever thought North Carolina’s approach to taxation of trusts would be acceptable in the first place? and What difference will this decision actually make for…
Here’s our round up of the past month’s developments in estate planning and elder law. We touch on elder law issues from assisted suicide to income taxation of trusts and beyond. See an item that might be of interest? Let us know what you think. Another State OKs Assisted Suicide Maine became the latest state…
We’ve hinted about it and announced it. We’ve celebrated his career and accomplishments. This week, though, it became final: Tom Curti retires. Tom Curti, Wisconsin transplant In 1973, Tom moved from his native Wisconsin to Tucson in order to attend the University of Arizona College of Law. He had grown up in a small town…
There’s one persistent problem with will contests. Academics often refer to the “worst evidence” rule. The person who signed the will can not testify about what they wanted. Wouldn’t it be great if you could take care of a will contest, before death of the signer removes the best evidence? First, though, let us make…