Blog
First Coloring Book for People with Alzheimer’s
Coloring books aren’t just for kids anymore. The last few years show an increase in sales of adult coloring books in addition to the already popular children’s coloring books. In recognition of…
Arizona 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…
Dispute 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…
If 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…
Organ 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…
Autistic Character Moves into Sesame Street
Sesame Street has introduced a new character to its long running television series named Julia. Julia already made her debut in print and digital storybooks, however, Sesame Street brought her character to…
Majority 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…
Fiduciary 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”…
Are 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…
Proposed Legislation: Electronic Wills
We have all seen movies, television shows, and cartoons that depict anxiety ridden prospective beneficiaries gathered in a lawyer’s office for “The Reading of the Will,” to be read by the now-deceased…
2017 Changes to Estate Tax – Does it Affect You?
The estate tax for 2017 has increased from 2016’s rate of $5.45 million to $5.49 million per individual. This means that an individual can leave $5.49 million to heirs and their estate…
Make 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…
Disposition 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…
New 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…
Special Needs Trust Fairness Act is Law!
On December 13, 2016, the President signed into law the 21st Century Cures Act, which included the Special Needs Trust Fairness Act which allows disabled persons to establish their own Special Needs Trust…
2017 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…
Senate 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…
Reports 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…
Non-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…
New 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…
7 Arizona Athletes on US Paralympic Team
The 15th Paralympics will began Sept. 7 and will end Sept. 18, 2016. More than 4,300 athletes from at least 165 countries are scheduled to compete in 20 sports. The U.S. recently…
Gun Owners and the Effects of Aging
If you have elderly parents you likely have thought about their safety as drivers or their ability to take care of themselves if they live alone. While those are valid concerns, a…
Recent 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.…
Amendment 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…
Arizona’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…
Arizona Long Term Care Partnership Program
We have discussed previously the Arizona Long Term Care Partnership Program (LTCPP) when it first became available in 2008. This was intended to incentivize people to in invest in long term care…
Silver Alerts No Longer Just for the Elderly
Effective August 6, 2016, the Arizona Legislature recently expanded the Silver Alert notification system to encompass not only missing adults over age 65, but also any person who has been diagnosed with…
New Arizona Legislation For Guardianships
Custody Issues for Young Disabled Adult Child Divorce is never easy, especially when it involves children. When the divorced couple has a disabled or incapacitated child, it can become even more complicated. …
West 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.…
How Not to End Up in a Potter’s Field
The term “potter’s field” has biblical origin, referring to a clay-heavy piece of land worthless for farming and used to bury strangers. Today, the term potter’s field generally refers to the place…
Why Is the Bank Not Honoring My Power of Attorney?
So you have in your hand a perfectly valid financial power of attorney that your parent, spouse or other relative signed to allow you to handle their financial matters. The time comes…
Prince’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…
May 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…
A 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…
Arizona 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…
Sumner 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,…
Under 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…
Steps Seniors Can Take to Avoid Financial Abuse
Q: How Can the Elderly Avoid Financial Abuse? Increased dependency due to illness or cognitive impairments can make seniors susceptible to financial abuse. Nest eggs accumulated over decades are all too often…
March 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…
Almost 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…
Baby 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…
Picking an Ideal Long Term Care Facility
Here at Bivens & Associates, we aid our clients in navigating through the various realms of elder law, including the Arizona Long Term Care System or ALTCS. We know first hand how…
THE LONG TERM CARE FACTS OF LIFE
As we age, we all want to remain independent. However, the reality is that the majority of individuals will need assistance with activities of daily living such as basic self-care tasks (e.g.,…
SB1169: Mental Health Power of Attorney
This bill, if passed, would specify that during times when the principal (person who granted power of attorney) is incapable of giving informed consent, a Mental Health Power of Attorney cannot be…
HHS 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…
FAQs Regarding Estate and Gift Tax Matters
FAQs regarding Estate and Gift tax: Q1: How much can you pass on to your non-spouse heirs without an estate tax? A1: The unified credit against the estate tax increased from $5.43…
New AHCCCS Policy and Procedural Manual Location
Looking for the AHCCCS Policy Manual with all the ALTCS income, resource, and other eligibility rules? The new AHCCCS Policy and Procedural manual, including ALTCS eligibility rules, can now be found at:…
Disabled Military Child Protection Act Policy Finalized
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 dependent…
Death-with-Dignity bill introduced in the Arizona Legislature
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…
2016 ALTCS Financial Eligibility Criteria
Typically each year the Arizona Long Term Care System (ALTCS) income and resource eligibility criteria increases, effective January 1. However, this year the financial criteria remains the same as 2015. To recap,…
What is a Special Needs Trust?
If you’re looking to leave part of your estate to an individual with special needs, you may want to take caution. Without utilizing the proper trust, you may affect the recipient’s right…
2015- Cost of Long Term Care in Arizona
Genworth Financial just released its annual “Cost of Care” report in which Genworth Financial tracks the rise in long-term care expenses, which is a growing financial burden for families, the government, and…
Alabama Agency Closes Author Harper Lee Elder Abuse Investigation
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…
France’s Richest Woman, Heiress to L’Oreal Cosmetics Empire, May Be Victim of Elder Abuse, Undue Influence
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 dollar L’Oreal Cosmetics…
Coach Dean Smith Leaves Extraordinary Legacy
March Madness- Legendary Former College Basketball Coach, Dean Smith, Directs His Trust to Buy 180 Former Players a $200 “Dinner on Coach Smith” March Madness is upon us. This week, as the…
Special Needs Trust Fairness Act Introduced Today
Reps. Glenn “GT” Thompson (R-PA) and Frank Pallone (D-NJ) reintroduced the Special Needs Trust Fairness Act (H.R. 670) today to allow individuals under the age of 65 with disabilities, who have the…
Who inherits my property in Arizona if I die without a Will? My Spouse or my children?
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.…
VA Proposes Three-Year Look-Back on Asset Transfers for Needs-Based Benefits
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 would…
No-Contest Clause in a Trust May Be As Effective as in a Last Will and Testament
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…
Medicaid Lien Law Post-Poned Until 2016
When plaintiffs in personal injury cases are Medicaid beneficiaries, their attorneys must consider whether the recovery may impact their clients’ ongoing eligibility for benefits and whether the state Medicaid agency has any…
2015 VA Aid & Attendance Pension Rates: Important VA Benefit for Veterans or their Widows or Widowers Age 65 and Older
2015 Maximum Monthly Pension Benefit plus Aid & Attendance* Surviving Spouse $1149 Single Veteran $1788 Married Veteran …
Welcome to Our Blog Feed!
Welcome to Bivens & Associate’s blog feed. We’re your local elder law, estate planning, and special needs trust attorneys here in Arizona. We provide attorney services and advice to folks throughout Scottsdale,…
- « Previous
- 1
- 2