Pooled Special Needs Trust Payable to Estate on Beneficiary’s Death
Theresa Givens settled a personal injury lawsuit in 2011. She would receive a little over $250,000 in settlement proceeds. In order to keep her Medicaid benefits, she put her lawsuit settlement into a pooled special needs trust. Before she could even get any serious benefit from the trust account, she died in November, 2011. Pooled […]
Failure of the Imagination in Seven-Decade-Old Trust
SEPTEMBER 6, 2016 VOLUME 23 NUMBER 33 Why involve an attorney in your estate planning? Partly because they know the rules — and not just the rules about how to prepare a valid and comprehensive document, but also the rules about taxes, trust limitations, and all of the related concerns you might not focus on […]
Not Every Confused Senior Needs a Guardian or Conservator
APRIL 11, 2016 VOLUME 23 NUMBER 14 It is unusual to see an appellate court decision overturning an order appointing a guardian (of the person) or conservator (of the estate). Judges tend to be protective about elderly people showing even a little evidence of mental decline — often to the point of paternalism. It was […]
Avoiding Probate — A Good Idea, But Not Always Effective
AUGUST 25, 2014 VOLUME 21 NUMBER 30 Some people really don’t like city traffic, and will go out of their way to get on the freeway whenever possible. Of course, that approach can backfire — freeway traffic is sometimes snarled, and sometimes in unpredictable ways (and at unpredictable times). Avoidance of surface traffic can be […]
Despite Guardianship, Ward May Have Capacity to Marry
MAY 2, 2011 VOLUME 18 NUMBER 16 We have written in previous installments about differing state laws regarding the ability of a guardian (of the person) or conservator (of the estate) to file a divorce proceeding “for” an incapacitated adult. The question that comes up more often from our clients is a little different, though. […]
Guardian Not Personally Liable For Alleged Lack of “Due Care”
APRIL 27, 2009 VOLUME 16, NUMBER 38 Who has the obligation to get a proper Medicaid application filed for someone in a nursing home? Can the nursing home resident’s children, spouse, guardian or conservator be forced to pay for care after the patient’s money has run out but before the state Medicaid agency receives the […]
‘Til The Cows Come Home—A Parental Exploitation Story
APRIL 14, 2008 VOLUME 15, NUMBER 42 We see the same sad story time and again. Sometimes there are small variations, but it almost always starts the same way. Aging parents (or other relatives) need assistance with their finances and their care. As those needs increase, family members begin — often with the very best […]
Arizona Legislature Changes Format For Beneficiary Deed
APRIL 3, 2006 VOLUME 13, NUMBER 40 Five years ago the Arizona Legislature adopted an interesting new law. Modeled on a similar law in Missouri, the “beneficiary deed” statute permitted property owners to designate who would receive their property on death—much like a “payable on death” bank account. Now the state legislature has revisited beneficiary […]
