While legal
problems facing the elderly range across the full spectrum of the legal
system, a handful of issues regularly recur. We have attempted to
provide a narrative explanation in plain English for the most common
legal concerns affecting seniors. Note that this information is very
Arizona-specific; the answer may be different (sometimes radically
different) in other states or jurisdictions.
Advance
Directives
Most individuals have strong feelings about whether there are any
circumstances in which medical care should be withheld. While people
differ considerably in the specifics, most should execute both a
"living will" and a durable power of attorney for health care.
Learn more about the concepts behind advance directives, and what you
can do to make it more likely that your wishes will be carried out after
your incapacity. > Go
Trusts, Wills and Durable
Powers of Attorney
Avoiding probate, reducing estate taxes and providing for distribution
of your estate are some of the most common reasons for engaging in
estate planning. Is a revocable living trust the best way to accomplish
these goals? It is for some; for others it can simply be more estate
plan than they need. This explanation of the terms and issues involved
in estate planning should help you determine whether your estate plan
needs review or revision. > Go
Guardianship and
Conservatorship
When an individual is unable to handle his or her finances or personal
decisions (including health care and placement), a guardian and/or
conservator may be appointed. In Arizona, a guardian has control over
the person (including health care decisions) and a conservator controls
finances. Those terms are not the same in all other jurisdictions. Learn
about the Arizona approach to guardianship and conservatorship,
including an estimate of the costs of court proceedings. > Go
Long-Term
Care Costs and Insurance
The cost of long-term nursing home care in Arizona can easily reach
$45,000 per year. Long Term Care Insurance may be available to help with
those costs--assuming that you can qualify for and afford the coverage.
For the poor, the federal-state Medicaid program (AHCCCS and ALTCS in
Arizona) helps, but the rules can be complicated. This explanation
attempts to simplify at least some of the eligibility rules, as well as
insurance alternative and some of the costs associated with long-term
care. > Go
Abuse, Neglect and
Exploitation
Seniors and the disabled are especially vulnerable to physical abuse,
neglect by caregiver and family members, and financial exploitation.
Arizona law (like the law of many other states) requires that certain
individuals report instances of abuse, neglect or exploitation; failure
to do so can be a crime. Meanwhile, recovering damages from exploiters
and abusers can be difficult but rewarding. > Go
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