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Can My Step-Parent Prevent Me From Seeing My Elderly Father?
Q: What if your stepmother denied or unreasonably restricted contact between you and your incapacitated elderly father? What rights do you have under Arizona law? A: Under A.R.S. § 36-3211, your stepmother…
Read MoreNew Rules will Benefit Supplemental Security Income (SSI) Recipients
The SSI In-Kind Support and Maintenance (ISM) rules have long been a burden for SSI beneficiaries. Under current rules, when a third party (e.g., parent) pays the “food” or “shelter” expenses for…
Read MoreNavigating Retirement Account Beneficiary Designations for Special Needs Beneficiaries: Understanding the Role of Special Needs Trusts
Planning for the future is crucial, especially when it comes to the financial well-being of loved ones with special needs. One important aspect of this planning involves retirement accounts and ensuring that…
Read MoreThe New “Corporate Transparency Act” – If You Own a Business, Including an LLC, This New Law Probably Applies to You
Corporate Transparency Act, Reporting with the Financial Crimes Enforcement Network (“FinCEN”) Do you own a business entity ? If yes, do you know about the Corporate Transparency Act? If not, keep reading…this…
Read MoreIs This the Beginning of the End to Medicaid Estate Recovery?
Yesterday, March 6, 2024 legislation was introduced to end the federal mandate that requires state Medicaid programs to go after families and estates for repayment of Medicaid long-term care services. For all…
Read MoreHow Do I Transfer My Real Property to my Trust?
If you have a revocable Trust as part of your estate plan, you most likely want to “fund” the Trust with your real property. But, how? Funding real property into a trust…
Read MoreParents of Disabled Children Can Now Apply to Be Paid as Full-Time Caregivers- Parents as Paid Caregivers is Now Permanent
Arizona Governor Katie Hobbs recently announced the Parents as Paid Caregivers is now permanent. This was originally implemented during the Covid pandemic to provide an alternative for direct care during a time…
Read MoreARIZONA’S FULL GUARDIANSHIP VERSUS LIMITED GUARDIANSHIP EXPLAINED
If you have a loved one with significant disabilities or special needs that will soon be 18 years old, you may need Guardianship to continue handling their personal and medical decisions. But…
Read More2024 Arizona Long Term Care System (ALTCS) Income, Asset and other Eligibility Criteria
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 medical,…
Read MoreAHCCCS Awards ALTCS Contracts to Two Health Plans Effective Oct. 1, 2024
The Arizona Health Care Cost Containment System has awarded contracts for long term care services to two health plans, Health Net Access, Inc. (dba Arizona Complete Health-Complete Plan) and Arizona Physicians IPA,…
Read MoreNovember is National Alzheimer’s Awareness Month
The Importance of Awareness: Alzheimer’s disease is the most common cause of dementia, affecting memory, cognitive function, and, ultimately, a person’s ability to perform daily tasks. The impact of Alzheimer’s extends beyond…
Read More2024 Estate and Gift Tax Limit Announced
IRS recently announced that the federal gift and estate tax exemption will be increased to $13,610,000 as of January 1, 2024 – an increase of $690,000 per transferor over 2023. This means…
Read MoreAHCCCS Receives Temporary Extension to Pay Parents as Caregivers of Their Minor Children
Good news for paid caregiver parents providing care to their children with special needs. The Arizona Health Care Cost Containment System (AHCCCS) has received a temporary extension of federal approval to pay…
Read MoreMedicare Open Enrollment is almost here!
If you are covered by Medicare, it’s time to compare your current coverage with other available options. Medicare’s Open Enrollment period begins on October 15 and runs through December 7. Medicare plans…
Read MoreSB 1291 – Coming Changes to Arizona’s Probate Code Title 14 Effective Oct. 30, 2023
Arizona’s probate code is about to change. SB 1291 makes significant changes to Title 14, governing matters related to decedent’s, missing persons, protected persons, minors, and incapacitated persons. This new law will…
Read MoreAugust is National Make-A-Will Month
Did you know 67% of Americans do not have a Last Will and Testament? Don’t let this be you! A will, also known as a last will and testament, is a legal…
Read MoreNew Arizona Law SB 1157 Requires Assisted Living Centers or Assisted Living Homes and Hospitals to Provide Medical and Other Information When Residents are Taken to the Hospital or Discharged From the Hospital
Effective January 1, 2024, a new law SB 1157 will go into effect as ARS §36-420.04 which will require assisted living centers and assisted living homes (assisted living facilities) and hospitals to…
Read MoreLessons Learns from the Estate of Aretha Franklin: Jury rules handwritten 2014 Will found in Aretha Franklin’s Couch Cushions is Valid
Five years after Aretha Franklin’s death and a protracted legal battle among her children over her estimated $18 million estate, on July 11, 2023 a Michigan probate court ruled that a 2014…
Read MoreDoes a Trust Avoid Probate?
When properly “funded”, yes, one of the primary benefits of creating a trust is that it can help to avoid the Court’s probate process. Probate is the legal process through which a…
Read MoreCan a Trust be Contested?
Despite popular myth- yes, similar to a Will a Trust can be contested under certain circumstances. When a Trust is created, it includes instructions on how the trust assets should be managed…
Read MoreAZ County Recorder’s Offices Have Free Title Alert Notice Service – Don’t Be a Victim of Title Fraud
Every year, millions of seniors become victims of financial exploitation, resulting in billions of dollars in personal losses including title fraud. Title fraud is a relatively new form of identity theft. Most often, the criminal…
Read MoreARIZONA’S NEW SUPPORTED DECISION-MAKING AGREEMENT LAW
On June 20, 2023, Arizona Governor Katie Hobbs signed SB1291 into law. Among other changes to Arizona’s Guardianship and Conservatorship statutes, SB1291 introduces Article Nine to Title 14, entitled “Supported Decision-Making Agreements”.…
Read MoreWhen Is Probate Required in Arizona?
In Arizona, probate is generally required when a person passes away and their estate meets certain criteria. The specific circumstances that trigger probate in Arizona include: The deceased person owned assets solely…
Read MoreWhen Can I Use a Small Estate Affidavit to Collect Assets After a Loved One’s Death?
In Arizona, a small estate affidavit, also known as an Affidavit for Collection of all Real Property or Affidavit for Collection of Small Estate, can be used to transfer assets to heirs…
Read MoreDoes Having a Will Avoid Probate in Arizona?
A common myth is that by having a Will one can avoid probate after death. However, having a Will does not necessarily avoid probate. Nevertheless, having a Will to streamline the post-death…
Read MoreWhat Is a Silver Divorce?
A “silver divorce” refers to a divorce that occurs later in life, typically involving couples who are over the age of 50 or 60. The term “silver” is used to describe the…
Read MoreWhat Happens if I Don’t Update My Estate Plan After Divorce?
In Arizona, estate planning after divorce is critical. You want to ensure that your wishes are updated and followed in the event of incapacity or death. You may have established an estate…
Read MoreEstate Planning With a Blended Family
Estate planning for blended families can present certain challenges and considerations due to the complex relationships and competing interests involved. Here are some common issues that arise in estate planning for blended…
Read MoreNewlyweds and Estate Planning
Recently married? Estate planning is an important step to consider as you start this new chapter of your life. Here are some recommendations for estate planning when getting married: 1. Update Your…
Read MoreWhat Is an Arizona Mental Health Power of Attorney?
An Arizona mental health power of attorney is a legal document that allows a designated agent to make mental health treatment decisions on behalf of an individual if they are unable to…
Read MoreHow Can an Elder Law Attorney Help My Elderly Parents?
An elder law attorney can provide a range of legal services that can help your elderly parents. Here are some ways an elder law attorney can assist: Estate Planning An elder law…
Read MoreHow Can Arizona Long-Term Care System (ALTCS) Benefits Help Someone Who Needs Long-Term Care?
The Arizona Long-Term Care System (ALTCS) is a Medicaid program that provides long-term care benefits to eligible individuals who require ongoing medical or personal care services. Here are some ways in which…
Read MoreHow to Celebrate National Elder Law Month
May is celebrated as Elder Law Month, which aims to raise awareness about the legal issues affecting older adults and the importance of planning for the future. Here are some ways you…
Read MoreDo I Need a Will in Arizona?
In short, yes. Having a valid and properly executed Last Will and Testament in the state of Arizona is a good idea if you want to ensure that your property and assets…
Read MoreWhat Is the Process To Appoint a Legal Guardian for an Adult Under Arizona Revised Statutes Title 14?
Under Arizona law, guardianship is a legal arrangement between a guardian appointed by the Court and a person deemed incapacitated by the Court. The guardian is responsible for making decisions for, and…
Read MoreHow Can Assets in a Special Needs Trust Be Used for the Beneficiary?
A Special Needs Trust (SNT) is a specific type of trust that will provide for an individual beneficiary, while still allowing that beneficiary to receive important public benefits through Medicaid and Social Security. …
Read MorePublic Health Emergency (PHE) Ended April 1, 2023 – Arizona Long Term Care System (ALTCS) Members Need to Prepare for Renewals
ALTCS Members Need to Prepare for the End of the Public Health Emergency (PHE) – April 1, 2023 Due to a provision in the December omnibus spending plan, the Public Health Emergency…
Read MorePowers of Attorney for College Students
Before you send your child off to college make sure they sign medical directives and a durable financial power of attorney. Let’s say your 18-year-old son is away at college and is…
Read MoreTravel Estate Planning Checklist
Planning a big trip this summer? Does your estate plan (or lack thereof) come to mind every time you board a plane or embark on a long drive? When we travel, we…
Read MoreWhy Should a Parent Charge Their Adult Disabled Child Rent? (SSI and ISM and AZ Guardianship)
Many young adults with special needs live with their loved ones; however, doing so after reaching the age of 18 can result in a 1/3 reduction of Supplemental Security Income (SSI)…
Read MoreHow Can a Geriatric Care Manager Help My Older Loved One?
Understanding medical jargon, acquiring best medical, long-term, and home care, and navigating the challenges of aging can be stressful for older adults and their family caregivers. Geriatric care managers support and direct…
Read MoreSpring Cleaning Estate Plan Tips
While you are sprucing up and organizing your home this spring, it is also a great time to be sure your estate plan is also in tip-top shape. Here are Some Tips…
Read MoreWhat Are the Types of Special Needs Trusts?
The purpose of a Special Needs Trust (SNT) is to ensure the SNT beneficiary with special needs or disabilities will have the financial resources of the SNT to provide for the extra…
Read MoreWhat Can a Special Needs Trust Pay for Without Affecting SSI or Medicaid?
Assets held in a properly drafted special needs trust (SNT) will not affect the beneficiary’s Supplemental Security Income (SSI) or Medicaid benefits. However, if SNT funds are disbursed in a manner that…
Read MoreWhat Is Trust “Funding”?
Trust “funding” is a term of art referring to the process of transferring your assets from you to your trust. To do this, you physically change the titles of your assets (e.g.,…
Read MoreHow Often Should You Review and Update Your Estate Plan
The following are circumstances which typically warrant a review, as updates may be necessary: Move to New State Divorce Marriage Family Births or Deaths Serious Illness Change in Personal Financial Status (e.g.,…
Read MoreHOLIDAY SENIOR WELL-BEING CHECKLIST
The holidays are often a good time to check on senior loved ones as you gather with family and friends. Sometimes those in-person visits can reveal concerns not easily detected over phone…
Read More2023 Arizona Long Term Care System (ALTCS) Income, Resource and Other Financial Eligibility Criteria
Arizona Long Term Care System (ALTCS) provides long term care services. To qualify, persons must meet medical, income and resource criteria. This is a quick reference guide to the 2023 ALTCS financial…
Read MoreNaming Adult Children as Joint Owners or Designated Beneficiaries on Bank Accounts: CAUTION!
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…
Read MoreMedicare Annual Enrollment Period Now Open Until December 7, 2022
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 MoreHow Parents can Designate a Legal Guardian for Their Adult Child with Special Needs or Disability
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…
Read MorePublic Health Emergency (PHE) Renewed October 13, 2022: AHCCCS – ALTCS may not disenroll persons until the end of the PHE
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 MoreWHAT IS A SPECIAL NEEDS TRUST?
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 benefits through…
Read MoreOctober is Special Needs Law Month
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 planning…
Read MoreIRS Gives Tax Benefit to Estates- Extends Late Portability Election to 5 Years
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…
Read MoreWhy Does My Parent’s Estate Have to go Through Arizona Probate?
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…
Read MoreWe are Hiring! Attorneys and Legal Assistants
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 to…
Read MoreWe are Hiring! Looking for Attorneys and Legal Assistants
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 to…
Read MoreAVOID MAKING HANDWRITTEN EDITS TO YOUR WILL OR TRUST
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 Revocable Trust…
Read MoreEarly-Onset Dementia- Compassionate Allowance Under SSA Rules
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, they…
Read MoreDown Syndrome Soon to be a Qualifying Diagnosis for DDD Eligibility
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…
Read MoreCase Law Update: Factors to Court Will Consider in Undue Influence Claim- Rosenberg v. Sanders
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…
Read MoreWHAT IS A SPECIAL NEEDS TRUST?
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 Medicaid and Social Security.…
Read MoreBe Prepared: Copious Financial Documentation Required for Most Arizona Long Term Care System (ALTCS) Applications
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…
Read More2022 New Year’s Estate Planning Resolutions
Looking for a New Year’s Resolution that is both EASY to keep and MEANINGFUL? Make this year’s resolution to ensure your estate plan is in proper order. Create your documents: Many people know the importance…
Read More2022 Arizona Long Term Care System (ALTCS) Income, Resource and Other Limits
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 medical,…
Read MoreIRS Announces New Higher Estate and Gift Tax Limits for 2022…But Stay Tuned…
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 numbers. And…
Read MoreJudge Rules Britney Spears Can Choose Her Own Lawyer in Her Conservatorship Case, Could You?
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 in connection…
Read MoreElder Law Case Scenario
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 Diana (53),…
Read MoreWhat Are Special Needs Trusts?
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…
Read MoreWhen to Hire an Elder Law Attorney
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…
Read MoreEstate Planning Considerations for Seniors
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…
Read MoreWhy Do I Need Guardianship of My Elderly Mother?
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…
Read MoreDifference Between Successor Trustee and a Financial Power of Attorney
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…
Read More3 Ways to Avoid Probate in Arizona
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 heirs…
Read MoreWho Can Make Medical Decisions When the Patient Lacks Capacity to Give Informed Consent?
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…
Read MoreDiagnosed with Dementia – Now What?
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…
Read MoreWhat is a Pre-Need Funeral, Burial, or Cremation Plan?
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…
Read MoreHow to Resolve Family Disagreements About an Elderly Parent’s Care
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…
Read MoreEstate Planning Considerations for Senior Second Marriage
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…
Read MoreWhat Happens If Your Trust Is Not Funded
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 of…
Read MoreHow Do I Take Over as Successor Trustee of My Parents’ Trust?
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…
Read MoreWhat Happens if My Spouse is Suddenly Incapacitated?
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…
Read MoreWhen to Bring in Help To Care for a Spouse
“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…
Read MoreWhen is the Financial Power of Attorney in Effect?
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…
Read MoreHow Can I Avoid Probate?
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…
Read MoreWhat is VA Aid & Attendance Pension?
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 widows who…
Read MoreSigns of Senior Financial Exploitation
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 her…
Read MoreWhy would I need a Mental Health Power of Attorney?
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…
Read MoreDifferences between HCPOA, MHCPOA, LW
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- putting the…
Read MoreWhat is an Income Only Trust (aka Miller Trust)?
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…
Read MoreI Help Take Care of My Elderly Parent Who Lives with Me. Should we have a Personal Care Agreement?
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…
Read MoreMy Elderly Parents Moved In With Me. Do We Need a Rental Agreement?
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 parties should enter into…
Read MoreDo I Need a Lawyer to Apply for Arizona Long Term Care System (ALTCS)?
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 or…
Read MoreALTCS Myths Debunked…
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 MoreHow Can Arizona Long Term Care System (“ALTCS”) Help Pay for Long Term Care
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,…
Read MoreWhat is a “Living Probate”? How do I avoid Guardianship and Conservatorship?
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…
Read MoreWhat is Elder Law and How Can an Elder Law Attorney Help You?
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…
Read MoreMandatory Disclosures Required by ALTCS- Sale of Real Property
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 particular, ALTCS may…
Read MoreIn the Movies…”I Care a Lot”- Could this Happen in an Arizona Guardianship?
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 exploit vulnerable seniors…
Read More#FreeBritney – What is a Conservatorship?
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 explain what…
Read MoreThe Larry King Estate Debacle
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…
Read MoreArizona Pet Trusts
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…
Read MoreGuidelines for Medical Decision Makers Regarding the COVID-19 Vaccine
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…
Read More2021 VA Aid and Attendance Pension Benefits
The Veterans Administration Aid & Attendance Pension benefit helps qualifying Veterans or their surviving spouse with the cost of long-term care expenses in assisted living, memory care or at home. This…
Read More2021 Arizona Long Term Care System ( ALTCS ) Income and Resource Limits
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 medical,…
Read MoreThe SECURE Act: Considerations in Designating Retirement Account Beneficiaries
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 and their family.…
Read MoreConsiderations for Family Business Succession
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 business owners…
Read More5 Reasons to Update Your Estate Plan
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,…
Read MoreEconomic Impact Payments Coming Soon for Individuals with Representative Payees
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 have their regular monthly…
Read MoreHow to Return an Economic Impact Payment Paid to a Deceased Individual
The IRS recently sent out millions of Economic Impact Payments (EIP) based upon 2018 and 2019 income tax filings. However, many payments were issued to deceased persons. The IRS has issued instructions…
Read MoreWhat Needs to Be Done After Someone Dies – AZ Probate and Trust Administration Checklist
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…
Read MoreIt’s National Healthcare Decisions Day (April 16)- Do You Have Your Medical Directives in Place?
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 minds, this year #HealthcareDecisionsDay has…
Read MoreTwo Bivens & Associates, PLLC Attorneys Named to the 2020 Southwest SuperLawyers List- ELDER LAW
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…
Read MoreIRS Sets Up Link for SSI Recipients to Use to Collect the $1,200 Economic Impact Payment
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 Payment.…
Read MoreThings to Consider if Applying for ALTCS During Coronavirus Pandemic
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 certain medical, income, and asset…
Read MoreHow Will ALTCS Treat the Federal Stimulus Payments?
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 program. The ALTCS program…
Read MoreThe Rise of the Revocable Trust in a COVID-19 World
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 with…
Read MoreApplying for Arizona Long Term Care System (ALTCS) in the Time of COVID-19
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 Medicaid program…
Read MoreCOVID-19 and Your Estate Planning: Get Your Estate in Order Now
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…
Read MoreConservatorships vs. Guardianships in Arizona: What’s the Difference?
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.…
Read More3 Estate Planning Mistakes of Celebrities
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…
Read MoreNew Arizona Rules of Probate Procedure, effective Jan. 1, 2020
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…
Read MoreThe SECURE Act – Impact on Your Estate Plan
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 particular, the SECURE ACT radically changes…
Read More2020 VA Aid and Attendance and Net Worth Limit and Maximum Benefit Amounts
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 More2020 Income and Resource Limits for Arizona Long Term Care System (ALTCS)
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 financial…
Read MoreSpecial Needs Children and Estate Planning
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…
Read MoreShould You DIY Estate Planning, Part 2?
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…
Read MoreShould You DIY Estate Planning?
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…
Read MoreHow to Begin Estate Planning, Part 2
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…
Read MoreHow to Begin Estate Planning
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…
Read MoreAre eWills The Future of Estate Planning?
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…
Read MoreIs a Holographic Will Valid in Arizona?
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…
Read MoreALTCS’ Asset Verification System: If you thought processing an ALTCS application was difficult before…
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 (ALTCS) applications for long term…
Read More“My Mom Needs a Power of Attorney –Can’t I Sign That For Her?”
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…
Read MoreTop Ten Estate Planning Myths & Mistakes
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…
Read More2019 Arizona Long Term Care System ALTCS financial eligibility criteria
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…
Read More2019 Veterans Aid and Attendance Pension benefits
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 Pension” is a little known cash benefit…
Read MoreNEW VA AID & ATTENDANCE PENSION RULES GO INTO EFFECT OCTOBER 18, 2018
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 also…
Read MoreR-E-S-P-E-C-T the Estate Planning Process
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…
Read MoreThree Essential Estate Planning Documents Every Millennial Should Have in Place
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…
Read MoreIndependent Contractor or Employee: Business Owners Beware of Incorrect Classification
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 challenges from workers who…
Read MorePowers 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…
Read MoreOptions to Help Resolve Family Disagreement About an Elderly Parent’s Care
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…
Read MoreOptions for Asset Protection Against Long Term Care Expenses
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)…
Read MoreWhat is a Pre-Paid Funeral/Burial Arrangement and How Can It Avoid Family Conflict?
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…
Read MoreWhat Happens If Your Trust Is Not Funded?
It is not unusual for a prospective client to call and tell me, “Mom and Dad had a trust. They have both passed away. The bank is telling me to go to…
Read MoreWhat Happens if There is No Financial Power of Attorney?
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 the event…
Read MoreWhat 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…
Read MoreHow 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 been given authority to…
Read MoreDiagnosed with Dementia – Now What? How to get things in order.
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…
Read MoreWhat 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…
Read MoreHow 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 quickest way…
Read MoreWhen 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, Wills, Trusts)…
Read MoreTrust 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…
Read MoreHow 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 MoreDo I Qualify for VA Aid and Attendance Pension Benefit?
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 or widow will be considered to have…
Read MoreWhat 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 or…
Read MoreWhat Should You Do if You Suspect a Family Member is Being Financially Exploited?
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 withholding…
Read MoreUnderstanding 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 withholding…
Read MoreWhen is the Financial Power of Attorney in effect- Immediately or Springing?
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…
Read MoreHow Not to Get Sued as a Successor Trustee – Understanding Trustee Duties
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 designated…
Read MoreWhy should everyone have a Mental Health Power of Attorney?
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…
Read MoreWhat are the differences between a Healthcare Power of Attorney, Mental Healthcare Power of Attorney, and Living Will?
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 avoid situations…
Read MoreWhat is an Income Only Trust (“IOT”) aka Miller Trust?
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 MoreMy Elderly Parent Moved In With Me- Do We Need a Personal Care Agreement?
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…
Read MoreMy Elderly Parents Moved In With Me- Do We Need a Rental Agreement?
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 parties should enter into…
Read MoreDo 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 applications may result…
Read MoreFrequently Asked Questions about Arizona Long Term Care System (ALTCS)
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…
Read MoreHow Can Arizona Long Term Care System (“ALTCS”) Help With Long Term Care?
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 below,…
Read MoreArizona Guardianships Versus Conservatorships – What are they and when do you need it?
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, referred…
Read MoreTrustee vs. Agent under Financial Power of Attorney – How are they different?
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 accept…
Read MoreMay is National Elder Law Month- Check out our daily elder law blog in May!
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…
Read MoreApril 16 – April 22 is National Health Care Decisions Week
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. …
Read MoreRollover from a 529 College Savings Account to an ABLE Account is Allowed
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…
Read MoreFree 6-Part Series – Be Prepared
Thu, April 12, 5:30pm – 7:30pm Pueblo Norte Senior Living, 7090 E Mescal St, Scottsdale, AZ 85254, USA (map) T.E.A.M. (Together Everyone Achieves More) Come to this FREE 6-Part Informational Series at…
Read MoreABLE Account launched in Arizona- AZ ABLE
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…
Read MoreLockboxes for Seniors and Special Needs Individuals
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, residents of…
Read MoreOur Neighbor New Mexico is Latest State to Launch an ABLE Program
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,…
Read MoreProposed Arizona Bill Titled: “Death with Dignity Act of 2018”
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…
Read More2018 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 enacted…
Read More2018 Income and Resource Limits for Arizona Long Term Care System (ALTCS)
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 (ALTCS)…
Read MoreAre 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 dramatically…
Read MoreRed Flags to Watch For During the Holiday Visits with Seniors and Caregiver To-Do List
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 often the only…
Read MoreWhy Are There So Many People Involved In A Guardianship Proceeding?
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 requirements after the…
Read MoreHow Should I Title My Out of State Property When I Have a Trust?
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…
Read MoreHow 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…
Read MoreThe Holiday Season – A Time for Cheer, Festivities, and an Estate Plan Review!
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…
Read MoreEstate 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…
Read MoreIs 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…
Read MoreParalympics Sept 7- 18; 7 Arizona Athletes on US 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…
Read MoreHow to Avoid Personal Liability If You Serve as Personal Representative of an Estate
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…
Read MoreMEDICARE 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…
Read MoreAm I Responsible For Paying My Adult Special Needs Child’s Care Costs?
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. …
Read MoreNEW MEDICARE CARDS ARE COMING: THE SOCIAL SECURITY NUMBER REMOVAL INITIATIVE (SSNRI)
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 Americans. CMS…
Read MoreCan Certain Behaviors or Habits Have an Impact on Your Risk of Developing Dementia?
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 MoreDon’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…
Read MoreIs 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 it…
Read MoreUpdate 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 Arizona deems a…
Read MoreHealthcare Power of Attorney versus Mental Healthcare Power of Attorney
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. …
Read MoreFirst 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 of…
Read MoreArizona Supreme Court Abolishes the McGill Four-Prong Test to Establish what Constitutes an Actionable Claim for Abuse of a Vulnerable Adult and Adopts New Four-Prong Test
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…
Read MoreDispute Between Brothers Demonstrates Need to Plan for Long-Term Care
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…
Read MoreIf You Are Married and have a Trust, Do you Know What Happens When One Spouse Dies?
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…
Read MoreOrgan Donation and Burial Directives as Part of Your Estate Plan
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…
Read MoreAutistic 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 character to…
Read MoreMajority of Arizona Long Term Care System (ALTCS) Applications are Denied
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 their…
Read MoreFiduciary Rule for Financial Professionals is On-hold
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’ “best interest”…
Read MoreAre you in the majority without a Will? Fix that Fast!
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…
Read MoreProposed 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-deceased…
Read More2017 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…
Read MoreMake Reviewing Your Estate Plan One of Your New Year’s Resolutions
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…
Read MoreDisposition of Sorority or Fraternity Badge (aka Pin)
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…
Read MoreNew 2017 Medicare Rule Encourage Doctors to Test for Alzheimer’s Disease and Offer Care Planning Advice
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 disease or…
Read MoreSpecial 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 Trust…
Read MoreZsa 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, amputation,…
Read More2017 ALTCS Financial Eligibility Criteria by the Numbers
In 2017 the “Income” and “Resource” limits for ALTCS will increase, as follows: INCOME LIMITS Single Person $2,250.00 gross/month Married Persons $2,250.00 gross/month to…
Read MoreSenate passed H.R. 34, which includes the Special Needs Trust Fairness Act, TODAY!
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 signature, adult…
Read MoreReports of Elder Abuse Against Arizona’s Vulnerable Adults Increases
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 Arizona…
Read MoreNon-Lawyers Offering Medicaid Long Term Care Planning Advice is the Unauthorized Practice of Law in Some States
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 than hiring…
Read MoreNew Medicare Law Notifies Patients of Loophole in Nursing Home Coverage
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 status. This federal law…
Read More7 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…
Read MoreGun 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…
Read MoreRecent Federal Court Decision Holds that Distributions from Special Needs Trusts do not Automatically Constitute Income for Calculating Section 8 House Vouchers
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 Section 8 housing vouchers.…
Read MoreAmendment to Arizona’s Mental Health Power of Attorney Statute
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…
Read MoreArizona’s Newly Adopted Fiduciary Access to Digital Assets Act
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 assets. The…
Read MoreArizona 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…
Read MoreSilver 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 with…
Read MoreNew 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 complicated. …
Read MoreWest Virginia Supreme Court of Appeals – Medical Power of Attorney Does Not Have Power to Make Binding Legal Decisions for Incapacitated Person
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.…
Read MoreHow 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 the place…
Read MoreWhy 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…
Read MorePrince’s Estate Highlights the Importance of Planning, Especially When You Are Famous and Have An Estate Worth About $300 Million and Growing Even After Death
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…
Read MoreMay is National Elder Law Month…So, What is Elder Law Anyway?
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…
Read MoreA handful of states are expected to open their ABLE accounts and programs this summer.
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 is…
Read MoreArizona ABLE ACT (HB 2388) Passed on 5-5-2016 and is Awaiting the Governor’s Signature
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, once law, will allow…
Read MoreSumner M. Redstone Competency Trial is Set to Begin in Los Angeles Today, May 6, 2016.
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 companion,…
Read MoreUnder New Rule Brokers Must act as Fiduciaries — legally obligated to put their clients’ best interests first.
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 of their bottom…
Read MoreSteps 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 too often…
Read MoreMarch is National Developmental Disabilities Month: Did You Know These Notable People Had a Disability?
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 loss, vision…
Read MoreAlmost One in Five Seniors Have Been the Victim of Financial Swindles, How Do you Recognize Someone is at Risk?
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 survey…
Read MoreBaby Boomers Love Their Pets to the Tune of $60 Billion Annually, Do You Need a Pet Trust?
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…
Read MorePicking 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…
Read MoreTHE 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.,…
Read MoreSB1169: 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…
Read MoreHHS sets goals and timeline for shifting Medicare reimbursements from volume to value
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 measurable goals…
Read MoreFAQs 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…
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