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  1. Powers of Attorney for the College Student

    As you get ready to send your student off to college you are probably shopping, packing, and planning. But if you do not have powers of attorney, more commonly associated with older individuals, your …Read More

  2. What Happens If There Are No Medical Directives?

    If you have a medical directive, you’ve made the decision to nominate certain individuals to make medical decisions on your behalf, should you be unable to make decisions on your own. If you do not …Read More

  3. How to Avoid Guardianships & Conservatorships!

    Unfortunately, some individuals will ultimately lose capacity for handling their own personal and financial affairs.  When this happens, if the incapacitated individual does not have someone who has …Read More

  4. What if my Spouse is Incapacitated?

    Most people understand that it’s best to have an estate plan in place.  A proper plan addresses what happens not just in the event of death, but in the event of incapacity as well.  We frequently …Read More

  5. How Can I Avoid Probate?

    Probate is the court process through which a Personal Representative is appointed to administer the estate and ultimately transfer the decedent’s assets to his or her heirs or beneficiaries. The qui…Read More

  6. When Do I Need an Elder Law Attorney?

    Elder law attorneys focus on issues specific to older adults, and have knowledge in many areas of the law including the following: Estate Planning (financial powers of attorney, medical directives, Wi…Read More

  7. Trust Accounting – Best Practices

    While the necessity and timing of a trust Account is dependent in part on the language of the trust, unless the trust instrument provides otherwise, a Trustee has a responsibility to provide an Accoun…Read More

  8. How do I assume the role of Successor Trustee?

    A Successor Trustee is the person who assumes management control of the trust after the initial Trustee dies or becomes unable to continue with his or her responsibilities. Once the Successor Trustee …Read More

  9. What is VA Aid & Attendance Pension?

    The Veteran’s Aid and Attendance Pension (“VA A&A” or the “Aid and Attendance Pension”) is a little known cash benefit paid in addition to low income pension to certain wartime veterans …Read More

  10. Understanding Signs of Financial Exploitation

    Financial exploitation of the elderly can be perpetrated by people they know, or don’t know, and can happen in many different ways, large and small. Financial exploitation means the misuse or withho…Read More

  11. Do I Need a Lawyer to Apply for ALTCS?

    In short, yes.  Planning to apply for ALTCS, or undertaking the actual application, without the advice or assistance of an elder law attorney with significant experience in handling ALTCS application…Read More

  12. 2018 Tax Reform Update and Your Estate Plan

    The well-publicized road to tax reform was subject to major speculation, studied prediction, and the expected points of debate.  Our tax code has not seen significant change since 1986.  The changes…Read More

  13. Are Your Children Older Than You?

    When does the adult child become the “parent”?  This concept of a role reversal of the adult child/parent relationship most often plays out during the parents’ older age when responsibility is …Read More

  14. How Do I Protect My Children’s Inheritance?

    Q:  I want to leave my estate to my son and daughter, but I’m afraid my son is not financially responsible and will squander the money and even though my daughter is financially responsible, I’m …Read More

  15. Estate Planning Considerations When You Adopt

    Whether you have adopted internationally, domestically, from the foster care system or as a step-parent, now that you have a new addition to your family, you will want to make sure your estate plan ta…Read More

  16. MEDICARE OPEN ENROLLMENT BEGINS OCTOBER 15

    What is the Medicare Open Enrollment Period and What Can I Change? The Medicare open enrollment period is the time when people with Medicare can switch Medicare health and prescription drug plans to b…Read More

  17. Don’t Fall Victim to the “Deed Scam”

    Our office habitually records deed for real property in Maricopa County, Arizona.  Like most law firms, once recorded, we return the original deed to the client for their records.  The act of record…Read More

  18. Is Your Life Insurance Policy Valid After Age 100?

    Whole life insurance policies were the first “permanent” life insurance product designed (even guaranteed) to provide a full death benefit at maturity as long as it was fully funded. However, is i…Read More

  19. Update on Electronic Will Legislation

    Earlier this year, Arizona lawmakers proposed new legislation making it legal to execute “Electronic Wills”.  SB1298 proposed a revision to Arizona Revised Statutes in an effort to broaden what A…Read More

  20. First Coloring Book for People with Alzheimer’s

    Coloring books aren’t just for kids anymore.  The last few years show an increase in sales of adult coloring books in addition to the already popular children’s coloring books.  In recognition o…Read More

  21. Autistic Character Moves into Sesame Street

    Sesame Street has introduced a new character to its long running television series named Julia.  Julia already made her debut in print and digital storybooks, however, Sesame Street brought her chara…Read More

  22. Proposed Legislation: Electronic Wills

    We have all seen movies, television shows, and cartoons that depict anxiety ridden prospective beneficiaries gathered in a lawyer’s office for “The Reading of the Will,” to be read by the now-de…Read More

  23. 2017 Changes to Estate Tax – Does it Affect You?

    The estate tax for 2017 has increased from 2016’s rate of $5.45 million to $5.49 million per individual.  This means that an individual can leave $5.49 million to heirs and their estate will pay no…Read More

  24. Special Needs Trust Fairness Act is Law!

    On December 13, 2016, the President signed into law the 21st Century Cures Act, which included the Special Needs Trust Fairness Act which allows disabled persons to establish their own Special Needs …Read More

  25. Zsa Zsa Gabor’s Legacy

    Zsa Zsa Gabor, one of the first celebrities who was simply famous for being famous, died on Sunday December 18 after suffering multiple medical complications over the years, including broken bones, am…Read More

  26. 7 Arizona Athletes on US Paralympic Team

    The 15th Paralympics will began Sept.  7 and will end Sept. 18, 2016. More than 4,300 athletes from at least 165 countries are scheduled to compete in 20 sports. The U.S. recently announced it will b…Read More

  27. Gun Owners and the Effects of Aging

    If you have elderly parents you likely have thought about their safety as drivers or their ability to take care of themselves if they live alone. While those are valid concerns, a number of people in …Read More

  28. Arizona Long Term Care Partnership Program

    We have discussed previously the Arizona Long Term Care Partnership Program (LTCPP) when it first became available in 2008. This was intended to incentivize people to in invest in long term care insur…Read More

  29. Silver Alerts No Longer Just for the Elderly

    Effective August 6, 2016, the Arizona Legislature recently expanded the Silver Alert notification system to encompass not only missing adults over age 65, but also any person who has been diagnosed wi…Read More

  30. New Arizona Legislation For Guardianships

    Custody Issues for Young Disabled Adult Child Divorce is never easy, especially when it involves children.  When the divorced couple has a disabled or incapacitated child, it can become even more com…Read More

  31. How Not to End Up in a Potter’s Field

    The term “potter’s field” has biblical origin, referring to a clay-heavy piece of land worthless for farming and used to bury strangers.  Today, the term potter’s field generally refers to th…Read More

  32. Why Is the Bank Not Honoring My Power of Attorney?

    So you have in your hand a perfectly valid financial power of attorney that your parent, spouse or other relative signed to allow you to handle their financial matters. The time comes when they need y…Read More

  33. Steps Seniors Can Take to Avoid Financial Abuse

    Q:  How Can the Elderly Avoid Financial Abuse? Increased dependency due to illness or cognitive impairments can make seniors susceptible to financial abuse. Nest eggs accumulated over decades are all…Read More

  34. Picking an Ideal Long Term Care Facility

    Here at Bivens & Associates, we aid our clients in navigating through the various realms of elder law, including the Arizona Long Term Care System or ALTCS. We know first hand how difficult it can…Read More

  35. THE LONG TERM CARE FACTS OF LIFE

    As we age, we all want to remain independent. However, the reality is that the majority of individuals will need assistance with activities of daily living such as basic self-care tasks (e.g., toileti…Read More

  36. SB1169: Mental Health Power of Attorney

    This bill, if passed, would specify that during times when the principal (person who granted power of attorney) is incapable of giving informed consent, a Mental Health Power of Attorney cannot be rev…Read More

  37. FAQs Regarding Estate and Gift Tax Matters

    FAQs regarding Estate and Gift tax: Q1: How much can you pass on to your non-spouse heirs without an estate tax? A1: The unified credit against the estate tax increased from $5.43 million for 2015 to …Read More

  38. New AHCCCS Policy and Procedural Manual Location

    Looking for the AHCCCS Policy Manual with all the ALTCS income, resource, and other eligibility rules? The new AHCCCS Policy and Procedural manual, including ALTCS eligibility rules, can now be found …Read More

  39. 2016 ALTCS Financial Eligibility Criteria

    Typically each year the Arizona Long Term Care System (ALTCS) income and resource eligibility criteria increases, effective January 1. However, this year the financial criteria remains the same as 201…Read More

  40. What is a Special Needs Trust?

    If you’re looking to leave part of your estate to an individual with special needs, you may want to take caution. Without utilizing the proper trust, you may affect the recipient's right to gain  S…Read More

  41. 2015- Cost of Long Term Care in Arizona

    Genworth Financial just released its annual “Cost of Care” report in which Genworth Financial tracks the rise in long-term care expenses, which is a growing financial burden for families, the gove…Read More

  42. Coach Dean Smith Leaves Extraordinary Legacy

    March Madness- Legendary Former College Basketball Coach, Dean Smith, Directs His Trust to Buy 180 Former Players a $200 “Dinner on Coach Smith” March Madness is upon us. This week, as the whole c…Read More

  43. Special Needs Trust Fairness Act Introduced Today

    Reps. Glenn “GT” Thompson (R-PA) and Frank Pallone (D-NJ) reintroduced the Special Needs Trust Fairness Act (H.R. 670) today to allow individuals under the age of 65 with disabilities, who have th…Read More

  44. Medicaid Lien Law Post-Poned Until 2016

    When plaintiffs in personal injury cases are Medicaid beneficiaries, their attorneys must consider whether the recovery may impact their clients’ ongoing eligibility for benefits and whether the sta…Read More

  45. Welcome to Our Blog Feed!

    Welcome to Bivens & Associate’s blog feed. We’re your local elder law, estate planning, and special needs trust attorneys here in Arizona. We provide attorney services and advice to folks thro…Read More

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