Your friendly banker suggests that you change all your accounts to either joint with your kids or to name your kids as beneficiaries on all your accounts (a “pay on death” beneficiary desig…Read More
The Medicare Annual Enrollment Period is now open through December 7, 2022. The coverage will begin January 1, 2023. During this time Medicare beneficiaries can: Join, switch or drop a Medicare Drug…Read More
Most parents are aware that they can designate a legal guardian for their minor child (under age 18) in the event of the parent’s death in a Will. But what if the child is an adult with special ne…Read More
At the beginning of the COVID-19 pandemic in 2020, the federal government declared a public health emergency (PHE). For the duration of the PHE, states are required to continue Medicaid health …Read More
A Special Needs Trust (SNT) is a specific type trust that provides for an individual beneficiary with a disability or special needs, while still allowing that beneficiary to receive important public …Read More
October is SPECIAL NEEDS LAW MONTH. All month long we will be sharing law tips, information, and resources for persons with disabilities or special needs and their families. Special Needs pla…Read More
IRS Gives Tax Benefit to Estates and Extends Late Portability Election to 5 Years On July 8, 2022, the IRS issued a new procedure that can be used to extend estate tax portability for up to five (5) y…Read More
Your parent has died, and you are named as the Personal Representative (aka Executor) of their Will. You take the Will and death certificate to their bank with the plan to handle your parent’s acco…Read More
Bivens and Associates, PLLC is a leader in AZ estate planning, probate and trust administration, elder law and special needs planning. We are looking for great associate attorneys and legal assistants…Read More
Bivens and Associates, PLLC is a leader in AZ estate planning, probate and trust administration, elder law and special needs planning. We are looking for great associate attorneys and legal assistants…Read More
Life seems to change - constantly. Frequently life changes (e.g., births, deaths, marriages, divorces, moves to new states) lead to desired changes in your Last Will and Testament (“Will”) or Re…Read More
While the focus of Alzheimer’s disease has been on older adults, people younger than 65 can also develop early-onset Alzheimer’s disease (AD). When someone with early-onset AD can no longer work, …Read More
On March 30, 2022, Gov. Ducey signed House Bill 2113 into law. This law adds Down syndrome as a qualifying diagnosis for DDD Eligibility in Arizona. The law will go into effect 90-days after the end…Read More
Factors Court Will Consider in Undue Influence Claim - Rosenberg v. Sanders It has been long-established Arizona case law that there are eight non-exclusive factors for a court to consider when the qu…Read More
A Special Needs Trust (SNT) is a specific type trust that will provide for an individual disabled beneficiary, while still allowing that beneficiary to receive important public benefits through Medic…Read More
If you are considering applying for Arizona Long Term Care System (ALTCS) benefits now or in the future - be prepared! You will likely need to provide copious amounts of financial records, such as ba…Read More
The ALTCS program provides long term care services, such as home care, assisted living, memory care or and skilled nursing, for seniors and physically disabled persons. To qualify, persons must meet…Read More
The official estate and gift tax exemption will climb to $12.06 million per individual for 2022 deaths, up from $11.7 million in 2021, according to new Internal Revenue Service inflation-adjusted numb…Read More
On July 14, 2021, the California Court ruled that Britney Spears (famous Pop-star who has been under Court ordered Guardianship/Conservatorship since 2008) can hire her own attorney to represent her i…Read More
How Elder Law Attorneys Help Families — Case Study Family: Edward Jr. (88) and Rebecca (86), married (Edward III’s parents) (Diana’s father) Ralph (recently deceased) Edward III (58) and …Read More
Did you know that special needs planning is typically part of the elder law practice? Elder law attorneys do not just work with older adults- we often work with younger individuals with special needs …Read More
Here are just a few common scenarios we often help clients with: Mom Diane (age 75) and mom’s adult children, Brian and David, worry about who will be able to help Diane with medical decision making…Read More
Most Americans have not done any estate planning, and of those that have, many plans are outdated. Everyone has different reasons for not making sure their affairs are in order. However, if you were t…Read More
Why do I need Guardianship of my Elderly Mother When I am an Agent on her Health Care Power of Attorney? Mom (age 78) signed a Health Care Power of Attorney five years ago while she was competent in w…Read More
What is the Difference Between a Successor Trustee of a Trust and an Agent Under Financial Power of Attorney, and More Common Questions… It is common for close relatives to be designated as a Succes…Read More
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 devisees under the Will or heir…Read More
Q: Dad has suffered a stroke and is currently in the hospital and unable to make or communicate his own medical decisions. Who is now in charge of his medical decisions? His wife, you, someone else? I…Read More
Q: My mother, age 82, has Alzheimer’s disease and can no longer manage her financial matters. I am the designated Agent under my mother’s Durable Financial Power of Attorney, but Social Security A…Read More
Receiving a dementia diagnosis means the future you envisioned for yourself is likely changed. While you may not be able to predict that future, you can and should plan for it. In the event you were l…Read More
A pre-need funeral, burial, or cremation plan is a way for you to plan for, arrange, and pay for everything associated with your funeral, burial or cremation during your lifetime. Funeral homes and mo…Read More
Your elderly parent is no longer able to care for him/herself and they need help with their activities of daily living. Everyone in the family agrees they need some help- but disagree on what is neede…Read More
Getting Married after 60: Estate and Elder Law Planning Considerations in a Second Marriage Maybe you were divorced or widowed and never expected to remarry — but here you are. Love can find you at …Read More
What Happens if Aunt Annie’s Revocable Trust Is Not “Funded”? Aunt Annie had a revocable trust. She has died. Her favorite nephew, Nate, is the designated Successor Trustee and sole beneficiary …Read More
Greg is the son of Mike and Carol Bradee. Greg’s parents told him many years ago that they named him as Successor Trustee in their Trust. Mike died last year, leaving Carol to manage everything on h…Read More
You have been married for over 25 years, and suddenly your spouse has a serious injury or illness and is no longer able to handle their own medical decision making or financial matters. Overnight your…Read More
“In sickness and in health” is a common marriage vow that couples make to each other during the wedding ceremony. But what really happens when the first half of this vow occurs and your spouse n…Read More
When is the Financial Power of Attorney in Effect — Immediately or Springing? It has happened. Your loved one is incapable of making financial decisions and it is your time to step in. You take …Read More
Probate is the court process after the death of an individual where a Personal Representative administers the estate to the devisees or heirs. Probate is required if the individual dies with more than…Read More
The Veteran’s Aid and Attendance Pension (“VA A&A'' or the “Aid and Attendance Pension”) is a cash benefit paid (in addition to low-income pension) to qualifying wartime veterans or their …Read More
1 in 10 Seniors are Financially Exploited. What are the warning signs? You may have recently read an article about Beverly Schottenstein whose two grandsons managed her assets, forged documents in h…Read More
If your power of attorney was before 2009 or written in another state, you likely do not provide your agent with in-patient mental health care treatment authority. The Mental Health Care Power of Atto…Read More
Unfortunately, our nation has seen several public examples of what can happen when there are no healthcare or end-of-life directives in place. To avoid situations like Terri Schiavo and others- putt…Read More
Case Study: My 84 year old father, Calvin, can no longer live independently due to physical limitations related to aging and needs to move to assisted living due to the recent death of my step-mother …Read More
Yes. Case Study: Mom Patty has been declining in health for years. Diana, her adult daughter, felt she was responsible and wanted to take care of Patty, as Patty could no longer live alone. Diana di…Read More
Yes. If either parent will be paying any portion of their income or assets towards any household expenses (including utilities, water, rent, mortgage, homeowner’s association, insurance, etc.), all …Read More
Just as you can represent yourself in a courtroom without counsel, you can also handle the Arizona Long Term Care System (ALTCS) application process without counsel. However, neither is usually wise o…Read More
There are many facets to ALTCS benefits and eligibility criteria. If you are contemplating applying for ALTCS benefits or are concerned about affording long term care, it is imperative you seek legal …Read More
Grandma Gertrude had a stroke last year and will need ongoing assistance with her activities of daily living but is low on funds from paying her adult care home expenses. In fact, you have run the num…Read More
Most people want to avoid Probate after death due to the expense, delays, and more. But did you know there is also a “Living Probate”? This term was coined to describe Guardianship and Conservator…Read More
While May celebrates Mother’s Day and Cinco de Mayo, May has also been designated as National Elder Law month by the National Academy of Elder Law Attorneys (NAELA). Elder Law is a specialized ar…Read More
When applying for long term care benefits through Arizona Long Term Care Systems (ALTCS), people are often surprised by the volume of information and documentation that ALTCS demands to see. In par…Read More
The Netflix movie “I Care a Lot” (released Feb. 19) is a fictional tale depicting a predatory professional guardian who systematically and terrifyingly uses the Court’s guardianship process to e…Read More
I am sure many of you have recently seen or heard that popular pop singer Britney Spears is under “conservatorship” and that she needs to be “freed.” I thought I would take a minute to e…Read More
Talk show host Larry King died January 23, 2021 at the age of 87. King reportedly died from COVID-19, though some, including estranged wife Shawn King, have said sepsis was the actual cause of death, …Read More
Three years ago, our family adopted a beautiful tabby cat, Nibbles. Our kids instantly fell in love. Every day we hear stories about Nibbles helping with homework (sitting on the keyboard waiting to…Read More
As you are likely aware, several COVID-19 vaccines have recently been developed. Elderly and at-risk persons will soon be able to receive the COVID-19 vaccine. Whether or not to receive any vaccine is…Read More
The Veterans Administration Aid & Attendance Pension benefit helps qualifying Veterans or their surviving spouse with the cost of long-term care expenses in assisted l…Read More
The ALTCS program provides long term care services, such as home care, assisted living, memory care or and skilled nursing, for seniors and physically disabled persons. To qualify, persons must meet…Read More
On January 1, 2020, the SECURE Act significantly changed the rules for IRA and individual retirement account [401(k), 403(b), and 457(b)] beneficiaries. These changes will impact nearly every American…Read More
Many entrepreneurs spend a lifetime putting blood, sweat, and tears into building their own business. Too often, this dedication to the business falls short in one aspect: succession planning. All…Read More
Maybe you executed a Last Will and Testament when the kids were little back in 1985. It must be floating in the back of the closet somewhere, right? Oh wait, you moved, and where did you put those W…Read More
Social Security issued an update on May 14, 2020 about COVID-19 Economic Impact Payments to certain groups of Social Security and Supplemental Security Income (SSI) beneficiaries. Beneficiaries who ha…Read More
AFTER DEATH ESTATE AND TRUST ADMINISTRATION CHECKLIST When a loved one dies, there are often many questions about what tasks need to be completed in order to handle their final affairs. This can be a …Read More
National Healthcare Decisions Day (NHDD) was established to educate and empower the public and healthcare providers to take part in important advance care planning. With COVID-19 on everyone’s mind…Read More
We are pleased to announce that attorneys Stephanie A. Bivens and Megan Selvey have both been selected to the 2020 Southwest Superlawyers list in ELDER LAW. This is an exclusive list, recognizing no…Read More
The IRS just set up a link for SSI recipients who are non-income tax filers receiving less than $12,200/year gross income to enter payment information to receive their $1,200.00 Economic Impact Paymen…Read More
Arizona Long Term Care System (“ALTCS”) provides necessary long-term care services, including in-home care, assisted living, memory care, and skilled nursing care, to those individuals who meet ce…Read More
WHAT IS ALTCS? Arizona Long Term Care System (“ALTCS”) is part of the Arizona Health Care Cost Containment System (“AHCCCS”), Arizona’s state program that implements the Federal Medicaid pro…Read More
Revocable Trusts (also known as Living Trusts) are the gold standard in estate planning. Now, with the concerns of COVID-19, Revocable Trusts are getting much deserved attention and are being used wit…Read More
Social Security recipients will automatically get stimulus checks. Today, the Treasury Department said in a reversal that Americans on Social Security will not be required to file a "simple tax return…Read More
First, what is ALTCS? Arizona Long Term Care System (“ALTCS”) is part of the Arizona Health Care Cost Containment System (“AHCCCS”). AHCCCS is the state program that implements the Federal…Read More
With the uncertainty of the rapidly changing COVID-19 virus, we decided to devote this entire blog to what families and business owners should be doing right now to get their estate and affairs in ord…Read More
As one of Scottsdale’s leading estate planning law firms, the Bivens & Associates team gets a lot of questions about many of the finer details involved with elder law and estate planning. A comm…Read More
Celebrities have wealth and cadres of professional advisors that most of us do not. However, when it comes to making estate planning mistakes some celebrities are no different that the rest of us. Eve…Read More
The Arizona Rules of Probate Procedure were amended in their entirety, excepting Rule 45, effective January 1, 2020. Although the Rules are based on an earlier set of Probate Rules, there are signif…Read More
Effective January 1, 2020, the “Setting Every Community Up for Retirement Enhancement Act” or “SECURE ACT” will effect both participants and beneficiaries of retirement accounts. In particul…Read More
The Veterans Administration has released the 2020 maximum benefit amounts qualified Veterans and Surviving Spouses of Veterans may be eligible for if they are in need of the aid and attendance …Read More
The table below provides a quick reference to allow individuals to determine if they are immediately financially eligible for long term care benefits under the Arizona. IMPORTANT, not meeting all the …Read More
Special needs children are just like other children who love to play, to learn, to have fun, and to experience the world. The main difference is in their level of care, which in some cases, can be for…Read More
The goal of a will is to make sure it will pass probate with flying colors, your assets are properly divided up how you want them, has the problem of debts paid and under control, appoints someone to …Read More
We all want to save money in any way we can, whether we clip coupons (or use digital coupons) or we wait for Black Friday to order Christmas gifts. One way that many people save money is doing project…Read More
The estate planning process can be long and complicated. After all, it did take you a lifetime to accumulate your assets, so you should expect it should take a while to decide what to do with them all…Read More
It’s easy to see why most people put off estate planning. After all, life holds so much wonder, excitement, and adventure that who wants to waste time thinking about their death? Death is scary to m…Read More
Arizona is one of the first handful of states to enact electronic Will legislation. Although other legal documents, such as real estate, financial and medical documents, have long been able to be elec…Read More
Is a holographic Will valid in Arizona? Yes. Is it a good idea? No. Arizona recognizes a handwritten Will, known as “holographic will”, so long as it is signed by the testator and the material p…Read More
Beginning this year, AHCCCS started using Accuity Asset Verification Services, Inc.’s asset verification system (AVS) to streamline the asset verification process of Arizona Long Term Care System (A…Read More
We hear this question frequently. A family member will call to report that an elderly parent had a stroke, or fell, or has dementia, and now needs the assistance of a family member to manage financial…Read More
Mistake Number One: Thinking You’re Too Young to Have a Plan in Place Most people approach estate planning with an enthusiasm ordinarily reserved for a trip to the dentist: you know it’s necessary…Read More
To be eligible for Medicaid long term care benefits in Arizona, known as Arizona Long Term Care System (ALTCS), to help pay for long term care such as home health, adult care home, assisted living, me…Read More
2019 VETERANS AID AND ATTENDANCE PENSION BENEFITS AND ELIGIBILITY CRITERIA 1. What are Veterans Aid and Attendance (A&A) Pension Benefits? The “Aid and Attendance Pe…Read More
In 10 days, the new VA Aid & Attendance Pension eligibility rules go into effect. The changes primarily impact the following: (1) Net Worth criteria; (2) Look-Back and Transfer Penalties (which al…Read More
Aretha Franklin died of complications from pancreatic cancer on August 16, 2018. She was not married at the time of her death, but left behind four (adult) sons. Reports are now surfacing that Fra…Read More
Estate Planning is often thought to only be important for the wealthy, or the elderly. This could not be further from the truth. Every adult over the age of 18 should, at minimum, have three basic…Read More
Many businesses prefer to hire independent contractors because often there is less overhead and fewer expenses (i.e. taxes). As the number of independent contractors increase, so have court challen…Read More
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
You had hoped that your parent would be able to care for him/herself throughout lifetime, but it looks like the time has come when elderly parent will need long term care assistance and some important…Read More
When it comes to paying for care there are only three sources of funding: (1) your personal income and assets; (2) a privately owned long term care insurance policy/investment product, and (3) governm…Read More
A pre-paid funeral or burial arrangement is a plan that you pay for during your lifetime. Typically sold by funeral homes, these arrangements allow you to specify the types of funeral or burial s…Read More
A Durable Financial Power of Attorney (aka General Power of Attorney or Financial Power of Attorney) designates and authorizes an Agent (aka attorney-in-fact) to handle your financial matters in th…Read More
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
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
Having a dementia diagnosis means that now, more than ever, you need to make sure that your estate planning is in order. You will not want your incapacity to cause family tension or unnecessary Cour…Read More
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
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
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
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
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
There are three criteria for qualifying for A&A benefits: Qualifying Military Service Medical Necessity Financial Eligibility (Net Income & Resources) Qualifying Military Service: A veteran …Read More
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
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
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
It has happened. Your loved one is no longer capable of making financial decisions and its your time to step in. You take the Power of Attorney nominating you as Agent to the financial institution…Read More
A trust is a legal document/arrangement that provides for another (“trustee”) to hold or use your property for your benefit during your lifetime, and after death, for the benefit of your designate…Read More
Many health care powers of attorney do not include the authority to make mental health decisions. If your power of attorney was written before 2009 or written in another state, you likely do not pro…Read More
End-of-life considerations are important ones. Unfortunately, as a nation, we have several public examples of what can happen when there are no healthcare or end -of-life directives in place. To a…Read More
An Income Only Trust allows an individual applying for ALTCS to meet the income requirements, when they otherwise have too much income to qualify. An individual applying for ALTCS benefits must meet…Read More
Yes. This is a must for caregiver compensation and Medicaid planning. While many adult children may feel some responsibility to take care of an aging parent if they become physically or mentally inc…Read More
Yes. If your parent(s) will be paying any portion of their income or assets towards any household expenses (including utilities, water, rent, mortgage, homeowner’s association, insurance, etc.), all…Read More
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
These are a few of the most frequently asked questions we hear about the ALTCS program. There are, of course, many more facets to ALTCS benefits, eligibility criteria, and planning. If you are contemp…Read More
Arizona Long Term Care System (“ALTCS) is a Medicaid program, administered through the State of Arizona’s AHCCCS program. ALTCS will pay for the cost of various long term care services listed be…Read More
What is a Guardianship in Arizona? A guardianship is a legal proceeding in which another is appointed to make personal and medical decisions (as opposed to finances) for an incapacitated adult, referr…Read More
We get many questions on the difference between an Agent under Financial Power of Attorney and a Successor Trustee. These questions usually arise after a bank or other financial institution won’t …Read More
In honor thereof, we will be blogging each day in May to educate older individuals and their families about elder law issues. Our mission is to provide practical information. Whether you are concerned…Read More
April 16 – April 22 is National Health Care Decisions Week. The purpose of this is to inspire, educate, and empower the public and providers about the importance of advance care planning. This b…Read More
The Tax Cuts and Jobs Act signed into law on December 22, 2017 allows families who have saved money in 529 accounts in anticipation of paying for education expenses to roll over up to $15,000 each yea…Read More
This month, Arizona became the 33rd state to launch an ABLE program. The Arizona ABLE program, named AZ ABLE, is administered through a partnership with Ohio STABLE Accounts, which are backed by Intui…Read More
The City of Scottsdale recently announced an initiative to keep seniors and individuals with special needs safer in their homes. Following in the footsteps of cities like Chandler and Sedona, res…Read More
This month, January 2018, New Mexico became the latest state to launch an ABLE program, named ABLE New Mexico. ABLE New Mexico will be administered through a partnership with Ohio STABLE Accounts, whi…Read More
Our state has just finished the first two weeks of the 2018 legislative session. So far, in 2018, there have been 726 bills introduced. One that stood out to me, because of my area of practice, wa…Read More
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
The table below provides a quick reference to allow individuals to determine if they are immediately financially eligible for long term care benefits via the Arizona Long Term Care System (ALTC…Read More
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
Many families live apart, which means that a significant number of family caregivers rely on telephone conversations and check-ins by other closer-living relatives and friends. The holidays are oft…Read More
Becoming the legal guardian and/or conservator of an incapacitated adult in Arizona is quite a process, typically spanning a minimum of two months initial court process, with yearly filing requirement…Read More
Q: Can I title my vacation home located in Cape Cod, Massachusetts into my Arizona Trust? A: Certainly! Provided you have a Revocable Trust, you can (and should) title all real property to that Tr…Read More
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
It is hard to believe that 2017 is almost over! As we get ready to embark on the holiday season, all of us at Bivens and Associates, PLLC hope you enjoy spending time with your loved ones. But we …Read More
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
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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
If you serve as Personal Representative of an estate there are many statutes and duties you need to abide by. What happens if something goes wrong? Can you be sued not only in your capacity as Persona…Read More
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
Q: I have a 47 year old child with Down Syndrome, can I be held financially responsible for paying for his care and costs of living? A: In Arizona, no. Arizona does not hav…Read More
Centers for Medicare & Medicaid Services (CMS) is removing Social Security Numbers from Medicare cards to prevent fraud, fight identity theft, and keep taxpayer dollars safe for about 58 million A…Read More
Can certain behaviors or habits have an impact on your risk of developing dementia? Recent information from medical studies suggests that this may be possible. A series of recent medical studies have …Read More
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
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
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
Arizona is unique when it comes to powers of attorney for healthcare. Arizona is one of very few states that have an additional power of attorney just for mental healthcare related matters. When I…Read More
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
On June 20, 2017, in the in the matter of Marika Delgado et al. v. Manor Care of Tucson et al. the Arizona Supreme Court abolished the previous McGill four-part test to establish what constitutes an…Read More
A recent New Jersey appeals court case demonstrates how important it is for families come up with a long-term care plan before an emergency strikes to avoid conflict later. The case involves two broth…Read More
Have you reviewed your trust lately? When did you initially set up your trust? When I review a trust for a married couple, the first thing I look for is instruction on what to do after the first spo…Read More
An integral part of estate planning is ensuring that all bases are covered. Meaning, we want you to have the proper documents in place to protect you during your lifetime (powers of attorney)…Read More
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
Believe it or not, the majority of applications submitted to ALTCS (Arizona Long Term Care System), (approximately 70%) are denied. In fact, a majority of our ALTCS clients either previously had the…Read More
President Trump recently signed an executive order seeking a review of the so-called fiduciary rule which was an Obama-era rule that would have required financial professionals to act in customers’ …Read More
Most Americans do not have an estate plan with a Will or Trust. According to a survey published this month on Caring.com, fewer than half of American adults (42 percent) have a Will or Trust. The …Read More
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
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
The beginning of a new year is a good time to take a look at your estate plan to make sure it is up to date and sound. No estate plan in place? You are not alone; less than half of people actually h…Read More
Were you in a greek sorority or fraternity in college? Have you given consideration to the proper post-death disposition of your sorority or fraternity badge? If you are uncertain as to your organ…Read More
After years of pressure from patient advocacy groups, Medicare will now reimburse primary care doctors for the time it takes to test elderly patients with cognitive impairment such as Alzheimer’s di…Read More
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
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
In 2017 the “Income” and “Resource” limits for ALTCS will increase, as follows: INCOME LIMITS Single Person $2,250.00 gross/month Married Persons …Read More
Senate passed H.R. 34, which includes the Special Needs Trust Fairness Act, TODAY December 7, 2016! The President has already stated his intent to sign the legislation. After the President’s signatu…Read More
In 2015, there was an all-time high caseload of reports of alleged mistreated vulnerable adults according to the Adult Protective Services annual report, which was a 19% increase from 2014. Under Ar…Read More
In Arizona and throughout the country there are non-lawyers who operate businesses offering Medicaid long term care planning services to seniors. While using those services may appear to be cheaper th…Read More
The NOTICE Act, or Notice of Observation Treatment and Implication for Care Eligibility Act, requires hospitals nationwide to inform Medicare patients when they are receiving care under observation st…Read More
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
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
In Decambre v. Brookline Housing Authority, a Federal Appeals Court found that distributions from a first-party Special Needs Trust do not automatically constitute income for calculating rent for Sect…Read More
Arizona’s Mental Health Power of Attorney statutes are amended, effective in August 2016, with the adoption of SB 1169. The Mental Health Power of Attorney is a document that lets you designate an A…Read More
Arizona has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (adding Chapter 13 to Title 14 of the Arizona Revised Statutes) which specifically grants fiduciaries access to digital a…Read More
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
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
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
An interesting elder law case in West Virginia highlights the differences between the authority an Agent has to act under a health care power of attorney versus a financial power of attorney. Note, ev…Read More
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
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
We plan for many things in life, such as our meals, plans for the weekend, celebrations for important life milestones, and our monthly budget. Far too many fail to plan for the inevitable – death.…Read More
When I tell someone that I practice Elder Law, the most common response is something like, “Well, you know I already have a Will...” Estate planning is only one aspect. My reply is usually, …Read More
A year and a half after legislation paved the way for people with disabilities to save without jeopardizing their government benefits, the first ABLE accounts are about to become available. Nebraska i…Read More
The federal Achieving a Better Life Experience (ABLE) Act authorizes states to develop their own ABLE programs and offer ABLE accounts to qualified disabled beneficiaries. This ABLE legislation, onc…Read More
Sumner Redstone is the 92-year-old media mogul who controls Viacom Inc. and CBS Corp. The trial will focus on whether Redstone knowingly kicked out Manuela Herzer, a former girlfriend and longtime c…Read More
On April 6, 2016 the Department of Labor announced the new so-called “Fiduciary Standard” for financial brokers who sell retirement products, requiring them to put clients’ best interest ahead o…Read More
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
According to the Centers for Disease Control and Prevention, about 15 percent of children 13 through 17 have a developmental disability such as ADHD, autism spectrum disorder, cerebral palsy, hearing …Read More
Seventeen percent of Americans over the age of 65, or 6.8 million people, have been taken advantage of financially through high fees, inappropriate investments or outright fraud, according to a new su…Read More
One of the phenomena that has accompanied the aging of Boomers, Americans born between 1946 (after WWII) and 1964, is the explosion of pet ownership in the US. Boomers were the first generation of Ame…Read More
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
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
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
In a historic announcement, HHS sets clear goals and timeline for shifting Medicare reimbursements from volume to value. January 26, 2016 Health and Human Services announced for the first time measura…Read More
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
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
Military members and retirees now have the option to designate their Survivor Benefit Plan Annuity (SBP) to a Special Needs Trust established pursuant to 42 U.S.C. 1396p(d)(4)(A) or (C) for a dependen…Read More
On January 19, 2016 a Death with Dignity bill granting terminally ill patients the right to take their own lives with prescription life-ending drugs was introduced. The measure by Sen. Barbara McGuire…Read More
