What is the difference between a third-party special needs trust and a self-settled trust? The distinction can be way more confusing than it ought to be. The trusts are similar in a number of ways, but there are important differences. A few months ago, we explained self-settled special needs trusts in this space. Those are…
ELDER LAW ISSUES
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Let’s say you’ve discovered that a recently deceased loved one named you successor trustee. We have a message for you: You are not a dictator, you are not royalty, you do not have a license to torment the relatives who are beneficiaries, and you don’t have to accept. You will be governed by some trustee’s…
Hopeful planning: when your estate plan is based around your hope that everything will turn out fine. We see it a lot. Often it works. Too often it does not. Two cases we read last week illustrate how hopeful planning can go wrong when facts change after the planner’s death. Both happened to be California…
At the end of each month, we like to look back at developments in elder law and share them in a roundup of news items. (Feeling nostalgic? Check out June and July.) August was a lively month for estates and legal issues, and this month’s roundup centers on one of them: Jeffrey Epstein. There’s also…
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…
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…