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
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
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
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
An investigation into potential elder abuse of the famous and reclusive author Harper Lee, now 88 years old and residing in assisted living, has been closed. Harper Lee, the well-known author of To Ki…Read More
In recent weeks, a contentious and highly publicized courtroom battle has been brewing in Paris, France. At issue is whether France’s richest woman, Liliane Bettancourt, heiress to the multi-billion…Read More
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
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
Most people who are residents of the community property state of Arizona believe that if they are married and die without a valid Will, their surviving spouse will inherit their entire estate. Well, t…Read More
On January 23, 2015, The Department of Veteran Affairs proposed a rule that “would establish new requirements pertaining to the evaluation of net worth and asset transfers for pension purposes and w…Read More
A “No-Contest” clause is typically included in a Will or Trust to penalize anyone who challenges the validity of the Will or Trust. The no-contest clause typically states that if anyone contests t…Read More
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
2015 Maximum Monthly Pension Benefit plus Aid & Attendance* Surviving Spouse $1149 Single Veteran …Read More
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
