The Affordable Care Act and People with Disabilities
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 […]
Taxation of Pooled Special Needs Trusts
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 […]
Pondering Your Power of Attorney
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 […]
Court Reviews Fees Charged by Fiduciary and Attorney
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 […]
This is Huge: Feds Publish New Rules on Gay Marriage
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 […]
Arizona Legislative Changes Effective September 12
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 […]
Custody of Grandchild Requires Court Consideration of Best Interests
AUGUST 19, 2013 VOLUME 20 NUMBER 31 National Grandparents Day is September 8th this year. That should serve as a reminder for us to consider changing demographics: grandparents (and great-grandparents) are living longer, and increasingly fractured families are changing our expectations and default assumptions about caring for children. More grandchildren are being raised by their […]
Simple Estate Planning for a Married Couple
AUGUST 12, 2013 VOLUME 20 NUMBER 30 Last week we saw a married couple in our office. The couple had come to us for estate planning. They did not have children with disabilities, or spendthrift sons-in-law or daughters-in-law. Their assets were not unusual (some Arizona real estate, a brokerage account, several bank accounts). Their net […]
Arbitration Clauses in Nursing Home Contracts
AUGUST 5, 2013 VOLUME 20 NUMBER 29 Ever signed a loved one into the nursing home? If so, you will recall the pile of forms you were handed. One probably authorized them to take pictures of your family member and use them in promotional material. Another authorized the facility to bill Medicare directly. Another … […]
Tax Issues for Trusts — Simplified
JULY 29, 2013 VOLUME 20 NUMBER 28 Judging from the questions and comments we get here, taxation of trusts is one of the most confusing issues we regularly write about. We’re going to try to collect the most important rules here for your convenience. Note that we will not try (in this summary) to touch […]
