Elder Law Issues
Can a Person with Dementia Sign Legal Documents? (Part 2)
MARCH 4, 2013 VOLUME 20 NUMBER 9 Last week we posed the question, and then mostly wrote about competence (or capacity) to sign a will. We promised to explain more about the level of competence required to sign other documents. So let us now tackle that concept. A person with a diagnosis of dementia may
Can a Person With Dementia Sign Legal Documents?
FEBRUARY 25, 2013 VOLUME 20 NUMBER 8 Let’s get the answer to the question out of the way first, and then we can deal with more nuance. Yes, a person with dementia may be able to sign legal documents. The inability to sign documents (what is usually known in the law as “incompetence” or, sometimes,
Book Review: “The Military Guide to Financial Independence and Retirement”
Review by Javier Centonzio, Esq., Alexandria, Virginia Book by: Doug Nordman As I read The Military Guide to Financial Independence and Retirement, I found myself regretting not having read it before joining the Marine Corps at the age of eighteen. This book is a must read for anyone who is considering joining the military. However,
“What Color is your Parachute? (For Retirement)”
Review by Jessica Fisher, Esq., Carlisle, Pennsylvania Book by: John E. Nelson and Richard N. Bolles This book begins with a history of retirement and then transitions into what the authors call the “New Retirement.” This concept of the New Retirement is very interesting because it is not only about finances it is about your
Book Review: “Can I Retire?”
Review by: Gerardo Olivarez, Jr., Esq., of Tampa, Florida Book by: Mike Piper I found this book to be one that I could easily give to a client. The author provided a basic background of retirement planning. The material is not overwhelming for the average reader. The subject of retirement planning focuses on retirement living
Put Your Accounts in Your Daughter’s Name — What Could Go Wrong?
FEBRUARY 18, 2013 VOLUME 20 NUMBER 7 Seniors are subjected to a constant drumbeat of advice: make sure you have no assets in your own name, or you will lose them to the nursing home. Transfer everything to your children to “protect” your assets. Is it good advice? We usually counsel against such transfers. They
Book Review: “How To Retire Happy”
Review by Gary Mansfield, JD, Aventura, Florida Book by Stan Hinden I was intrigued by this book for several reasons. First, it has actually been published in three prior editions, and as such I felt that it must have some worthwhile information. Secondly, the publisher of the same is The McGraw-Hill Companies, Inc. This publisher
Good News for Trustees, Beneficiaries of Special Needs Trusts
FEBRUARY 11, 2013 VOLUME 20 NUMBER 6 Last fall the Social Security Administration quietly released the text of changes to the Program Operations Manual System — the POMS. Though described as “clarifications” by Social Security, they were actually far-reaching changes that would have driven up the cost of trust administration, complicated the lives of beneficiaries
The Couple’s Retirement Puzzle: 10 Must-Have Conversations for Transition to the Second Half of Life
Review by Ann Mackey Kling, Las Vegas, Nevada Book by Roberta K. Taylor, RNCS, M.Ed., and Dorian Mintzer, M.S.W., Ph.D. This is a book about how to communicate with your partner regarding the important choices surrounding retirement to allow you both to make decisions that suit your needs, talents, resources and dreams. Its purpose is
Estate Planning Smarts: A Practical, User-Friendly, Action-Oriented Guide
Review by Pamela Zimba, Oakland, California Book by Deborah L. Jacobs Among the many reasons that I like this book, is that it’s a combination of estate planning (EP) information and retirement planning (RP) information. The Table of Contents, which contains the listing of the 19 Chapters in the book, provides a brief description of
Accounting Requirements for Irrevocable Trusts in Arizona
FEBRUARY 4, 2013 VOLUME 20 NUMBER 5 Arizona adopted a version of the Uniform Trust Code in 2008, to be effective at the beginning of 2009. The UTC has been the subject of much discussion across the country — it has been adopted in about half the states, and soundly rejected in a few others.
Divorce Case Includes Useful Pointers for Elder Law Attorneys
JANUARY 28, 2013 VOLUME 20 NUMBER 4 At Fleming & Curti, PLC, we don’t spend much time reading appellate decisions about divorce, property division and child support. That’s because we don’t practice family law, and there’s plenty to keep up with in our chosen realms of law. But a recent decision from the Arizona Court
The Joy of Not Working: A Book for the Retired, Unemployed and Overworked
Review by Klark J. Perez, Orlando, Florida Book by Ernie J. Zielinski “The Joy of Not Working” is a must read in my opinion. It’s an easy enjoyable read that you may not want to put down once you start. At some point in life you may have been unemployed and you definitely should be
Can a Special Needs Trust Pay Credit Card Bills? Security Deposit?
JANUARY 21, 2013 VOLUME 20 NUMBER 3 Administering a “special needs” trust can be a challenge. The rules often seem vague, and they occasionally shift. What may seem like a simple question might actually involve layers of complexity. Sometimes an expenditure might be permissible under the rules of, say, the Social Security Administration, but not
Estate Planning in 2013 — Is It Time To Make Changes?
JANUARY 14, 2013 VOLUME 20 NUMBER 2 Congress acted (not just at the last minute, but after the last minute). The update to the estate tax provisions is permanent, or at least what passes for permanent in the world of taxes and politics. So does that mean you need to make changes to your estate
Mental Illness and Guardianship in Arizona
JANUARY 7, 2013 VOLUME 20 NUMBER 1 A recent blog entry from the Special Needs Alliance (two of our lawyers are members) addressed the common problems encountered when family members seek guardianship over someone with a mental illness. The very same day we received a call from a prospective client, asking if he could secure
New Years Resolutions — Feel Free to Borrow One or More
DECEMBER 31, 2012 VOLUME 19 NUMBER 47 The distribution date for this week’s Elder Law Issues newsletter is New Year’s Eve. Although we have been publishing this (more-or-less) weekly newsletter for 19 years, that has only happened twice before — in 2007 and 2001. In both of those instances we passed up a chance to
Interested In a CCRC? Here Are Some Issues to Consider
DECEMBER 17, 2012 VOLUME 19 NUMBER 45 Wouldn’t it be nice if you could find a place to live for the rest of your life? That is, a place that is comfortable for active and engaged seniors, but with an assisted living component and even a nursing home — so that as you (or your
Beware Of Holiday Scams
DECEMBER 10, 2012 VOLUME 19 NUMBER 45 This week we offer season-relevant advice from our friends in the Elder Consumer Protection Program at Stetson University College of Law’s Center for Excellence in Elder Law. We share this information with their permission: Top 5 Holiday Scams During the holiday season, fraudsters find their way onto the
Lawyer, Acting as Trustee, Challenged for Self-Dealing
DECEMBER 3, 2012 VOLUME 19 NUMBER 44 One of the great advantages of a trust can be the ability to bypass court supervision and review. One of the great disadvantage of a trust can be that it bypasses court supervision and review. A recent California Court of Appeals decision highlights the problem nicely — and
Mexican Land Trust Is Not a “Trust” to the IRS
NOVEMBER 26, 2012 VOLUME 19 NUMBER 43 Many Arizona residents own vacation property in Mexico. Most Arizonans are at least somewhat familiar with Mexico’s land laws governing property ownership by U.S. citizens. The Mexican Federal Constitution of 1917 prohibits non-citizens (of Mexico, that is) from owning property within 100 kilometers of the border or 50
Gift Tax Limit Will Rise to $14,000 in 2013
NOVEMBER 19, 2012 VOLUME 19 NUMBER 42 Here’s the headline: the annual gift tax exclusion amount, which has been set at $13,000 per year since 2009, will increase next year by $1,000. That means you can give up to the higher figure ($14,000) to any one other person without having to file a federal gift
Step-Children and Disinherited Children Might Have Rights — It Depends
NOVEMBER 12, 2012 VOLUME 19 NUMBER 41 A prospective client asks: “Can my mother cut me out of her will after my father dies? His will leaves everything to the children after her death.” That deceptively simple question comes in a number of variations (like: “My mother’s will left everything to her children, but her
The Loft Film Fest — Fleming & Curti Co-Sponsors Two Films
On Tucson’s arts community calendar for the upcoming week: The 3rd annual Loft Film Fest. This year’s film schedule runs from November 8 to November 15. Fleming & Curti, PLC, is co-sponsoring two of the films in this year’s Film Fest schedule: Wrinkles, (in Spanish, Arrugas) an animated Spanish-language film about aging, playing Saturday, November 10,
I Just Want to Put My Daughter’s Name On My Deed
NOVEMBER 5, 2012 VOLUME 19 NUMBER 40 We hear that request all the time. “I want to make it easy for her when I die — just put my daughter’s name on the deed,” client after client insists. When we resist, they think we are acting too much like lawyers. There are no statistics out
How Much Does It Cost to Get a Guardian and/or Conservator Appointed?
OCTOBER 22, 2012 VOLUME 19 NUMBER 39 We are frequently asked how much it will cost to get a guardian and/or conservator appointed for a parent or other relative. It is hard to answer with precision, but it is a fair question. Let us see if we can give you some guidance. First, a few
What Is “Elder Law”?
OCTOBER 15, 2012 VOLUME 19 NUMBER 38 At Fleming & Curti, PLC, we practice “elder law.” But what does that mean? Are all our attorneys elderly? (No) Are they all senior members of a religious group? (No) Are all our clients above a certain age? (No) Then what is the significance of the term “elder
Driving — Is It In Your Power of Attorney?
A terrific story on NPR this morning addressed seniors and driving. One suggestion: consider signing a power of attorney giving someone the authority to tell you when you need to stop driving. At Fleming & Curti, PLC, we have been doing that for clients routinely for about a decade. If we drafted your health care
LLC Interest Not Transferred to Trust During Life, is Subject to Probate
OCTOBER 8, 2012 VOLUME 19 NUMBER 37 Bear with us. This story will be a little dense and involve more difficult legal issues than we usually like to tackle. The good news: at the end you get an honorary law degree. Well, not really — but you’ll probably deserve one. Matt Silver (not his real
“In Terrorem” Provision Does Not Violate Public Policy
OCTOBER 1, 2012 VOLUME 19 NUMBER 36 From time to time we have written about what lawyers usually call “in terrorem” provisions in wills and trusts. They are perhaps better known as “no-contest” clauses, and they are intended to prevent will (or trust) contests after the death of the signer. Typically, they say something like: