It’s not uncommon for family members to make a gift to a married couple. Usually, when a generous family member contemplates the couple, they assume that the marriage will continue. It also allows for a doubling of the annual gift tax exclusion amount (the well-known $15,000 figure). But sometimes the gift was really intended to…
ELDER LAW ISSUES
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Covid-19 brought “remote” to lots of our lives — work, school, doctor visits, happy hour. One activity that remains in-person only: witnessing Wills. At least in most of the United States. Across the pond, though, remote witnessing may be catching on. At the end of September, England and Wales will allow Wills to be witnessed…
It is often difficult to figure out how to complete your retirement account beneficiary designation. Do you have a living trust? Should you name your trust as beneficiary? Are you married? Do you intend to leave money to charities — and should that money come from your retirement account(s)? All of these questions make it…
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…
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…
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…
“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…
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…
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…
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…