OCTOBER 28, 2013 VOLUME 20 NUMBER 41 At a seminar for lawyers and accountants last week, our ears pricked up when we heard a speaker say: “remember, something like 60% of your clients over 75 suffer from Alzheimer’s Disease.” (OK — that might not be an exact quotation, but that was the sense of the…
ELDER LAW ISSUES
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OCTOBER 21, 2013 VOLUME 20 NUMBER 40 Suppose you have two children. Your daughter is very capable, very mature, very responsible. Your son has a developmental disability, or a drinking problem, or just problems handling money. What should you do with any inheritance you leave to your son? Put it in a trust? Make your…
OCTOBER 14, 2013 VOLUME 20 NUMBER 39 “My father hates, absolutely hates, lawyers,” a casual acquaintance tells us at a social gathering. “I know it’s a bad idea, but can’t he just write his own will?” Let’s get the answer out of the way right up front: yes, he can. And there’s a very high…
OCTOBER 7, 2013 VOLUME 20 NUMBER 38 Though we do not handle divorce cases at Fleming & Curti, PLC, we do find ourselves dealing with divorce, annulment, child support and spousal maintenance issues from time to time. One common question we see involves late-life marriages between a (sometimes) confused senior and a (sometimes, but not…
SEPTEMBER 30, 2013 VOLUME 20 NUMBER 37 The Affordable Care Act is upon us, or almost so. October 1, 2013, is usually listed as a key date for the ACA, and it is — but nothing actually changes on that date. Quite a few changes have become effective already. The changes receiving the most media…
SEPTEMBER 23, 2013 VOLUME 20 NUMBER 36 We write a lot about taxation of trusts, and especially of special needs trusts. But there is one type of trust that we haven’t written much about, and we can’t find other explanations for. “Pooled” special needs trusts are a special kind of trust, and there is much…
SEPTEMBER 16, 2013 VOLUME 20 NUMBER 35 Do you have a power of attorney? If so, do you know how it works? Is a “springing” power of attorney the best way for you to keep authority over your health care and financial decisions until a transition is needed? Many people have powers of attorney but…
SEPTEMBER 9, 2013 VOLUME 20 NUMBER 34 There is a lot going on in Arizona with regard to the fees charged by guardians, conservators, trustees, personal representatives — and their attorneys. There has been quite a bit of controversy in news articles (particularly, but not exclusively, in the Phoenix area) and online. Professional fiduciaries have…
SEPTEMBER 2, 2013 VOLUME 20 NUMBER 33 Just a few weeks ago we wrote about some of the uncertainties facing legally married same-sex couples living in states (like Arizona) that refuse to recognize the validity of their marriages. If a legally-married couple moves to Arizona, we wondered, would their ability to receive some of the…
AUGUST 26, 2013 VOLUME 20 NUMBER 32 The Arizona legislature meets every spring, and in most years adopts changes that affect elder law attorneys, estate planners, guardians, conservators and trustees. The changes become effective nine months after the end of the legislative session, which means that late summer is the time for annual review of…