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⚠️ Important Warning: Bitcoin Machine Scams
Scammers are tricking people into using Bitcoin machines (sometimes called Bitcoin ATMs) to steal their money. Once the money is sent, it cannot be gotten back. 🚨 Warning Signs Be careful if…
2026 Estate & Gift Tax Limits: Why Planning Still Matters—No Matter Your Net Worth
Each year, the IRS adjusts the estate and gift tax limits, and 2026 brings updated numbers that are important to understand. But here’s the key point many people miss: estate planning is…
2026 ALTCS Eligibility Criteria
The Arizona Long Term Care System (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…
Big ABLE Account Updates Coming in 2026: Expanded Eligibility + Higher Contribution Limit
If you or a loved one uses an ABLE account (or has considered opening one), there are two important changes on the horizon for 2026—and they’re great news for many Arizona families.…
Long-Term Care, Medicaid & Year-End Financial Review for Arizona Seniors
Why Year-End Is the Ideal Time to Revisit Long-Term Care and Medicaid Planning As another year winds down, families often focus on holidays, travel, and tax deadlines — but it’s also an…
Creating a New Trust Does Not Automatically Revoke an Old One — Unlike a Will
At Bivens & Associates, we sometimes meet clients who assume that creating a new trust automatically cancels out their old one — much like how signing a new will revokes all previous…
🎃 Spooky Arizona Long Term Care System (ALTCS) Stories: Beware the Mistakes That Haunt Medicaid Applications
When it comes to long-term care, nothing sends chills down a family’s spine quite like the words: “Your ALTCS application has been denied.” The Arizona Long Term Care System (ALTCS) can be…
Make Sure Your Estate Plan is a Treat- Not a Trick! Estate Planning Mistakes to Avoid ☠️
Don’t let your estate plan come back to haunt you! As the nights grow longer and pumpkins appear on porches, there’s no better time to shine a light on some of the…
No Changes to ALTCS-EPD Program Contractors Until September 30, 2026
Following a court-issued stay in a procurement appeal, the Arizona Health Care Cost Containment System (AHCCCS) announced in August 2025 that it would be extending its contracts with current Arizona Long Term Care…
How to Use ADOT’s Beneficiary Form to Leave Your Car to a Loved One or Your Trust
Did you know you can name a beneficiary for your car—just like you can for a bank account or life insurance policy? In Arizona, the Department of Transportation (ADOT) makes it easy to…
October Is Special Needs Planning Month: Why It Matters
Every October, we take time to recognize Special Needs Planning Month — a month dedicated to raising awareness about the importance of protecting the future of individuals with special needs and their…
ALTCS Private Pay Rate Changed on October 1, 2025—Here’s What That Means for Gifting & Transfer Penalties
Effective October 1, 2025, Arizona’s Long Term Care System (ALTCS) updated its average private pay rate (APPR)—the figure the program uses to calculate how long someone is ineligible for benefits after making…
Medicaid (ALTCS) Planning: Why Starting Early Makes a Difference
When it comes to long-term care, the costs can be overwhelming. Assisted living, memory care, and nursing homes in Arizona (and across the country) can cost $6,000–$10,000 per month or more.…
The Pitfalls of Using AI to Create an Estate Plan
In today’s digital age, artificial intelligence (AI) tools like ChatGPT, Grok, Claude, Gemini, and more are being used for everything from writing emails to planning vacations. While AI can be helpful…
ABLE Accounts vs. Special Needs Trusts: Which Is Right for Your Family?
When planning for the future of a loved one with special needs, two of the most important tools to consider are ABLE Accounts and Special Needs Trusts (SNTs). Both can protect…
Important Arizona Supreme Court Ruling Protects Fair Compensation in Guardianships and Conservatorships
Important Arizona Supreme Court Ruling Protects Fair Compensation in Guardianships and Conservatorships Why This Case Matters In a pivotal decision released on July 11, 2025, the Arizona Supreme Court clarified a key…
Planning Ahead for Alzheimer’s and Dementia: Why Legal Documents Matter Most Early On
A diagnosis of Alzheimer’s or another form of dementia is life-changing—for both the individual and their loved ones. While the emotional weight can feel overwhelming, early planning is one of the…
✈️ 10 Things to Include in a Special Needs Summer Travel Plan
Summer is a wonderful time for family vacations, day trips, and creating lasting memories. But for families of children or adults with special needs, travel requires extra planning to ensure safety,…
The One Big Beautiful Bill and Your Estate Plan: What Changes in 2026?
The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, includes a major and lasting change to the federal estate, gift, and GST (generation-skipping transfer) exemption. Here’s how…
Divorce and Special Needs Planning: What Families Need to Know
Divorce is never easy, but when a child with special needs is involved, the process becomes even more complex. Beyond the emotional and legal aspects of separating, parents must navigate the intricacies…
New 2025 Arizona Probate Rules: Small Estate Affidavit Limit Raised Under HB 2116 – What it Means for You
Arizona’s small estate affidavit process has become more accessible for smaller estates with the enactment of House Bill 2116, signed into law on March 31, 2025. When this legislation goes into…
Leaving an Inheritance to Adult Children: Outright vs. In Trust—What’s Best?
When planning your estate, one of the most important decisions you’ll face is how to leave assets to your adult children. Should you give them their inheritance outright, or hold it in…
Trust Planning for Married Couples: Understanding A-B Trusts and Joint Revocable Trusts
Married couples often use a joint revocable trust as part of their estate plan. Upon the death of the first spouse, the trust will typically follow one of two paths: (1) it…
Is “Permanent” Guardianship and/or Conservatorship Really Permanent in Arizona?
When we think of guardianship and conservatorship, many people imagine an arrangement where someone is permanently designated to care for or manage the affairs of another person—often someone with health issues, age-related…
Does my Trust need a Tax Identification Number (TIN), also known as an Employer Identification Number (EIN)?
Here’s when a trust would NOT need an EIN: Revocable Trust (Living Trust): If the trust is revocable and the grantor (the person who created the trust) is still alive, the trust…
Navigating Child Support and SSI Benefits: A Path to Financial Security for Your Special Needs Child
As a parent of a child with special needs, you’re likely all too familiar with the complex challenges that come with securing your child’s future — both in terms of care and…
Retirement Accounts, the SECURE Act and Special Needs Planning
The SECURE Act, passed in December 2019, brought significant changes to retirement account rules, offering unique opportunities for special needs planning. For families looking to leave retirement assets to loved ones with…
Should I let my Homeowners Insurance Company Know My Home is Titled to my Trust?
In light of the recent California wildfires, we have received several calls inquiring if it is necessary to notify homeowners insurance companies of the change in ownership from the individual property owner…
The Hidden Risk in Caregiving: Lessons from Gene Hackman’s Tragic Loss
The recent passing of legendary actor Gene Hackman and his wife, Betsy Arakawa, highlights a critical issue in caregiving dynamics: the vulnerability of dependent spouses when their caregiver predeceases them. Hackman, 95,…
NEWS ALERT: ALTCS Estate Recovery Procedures Now Include “Post-Death Liens” on Real Property
Arizona Long Term Care System (ALTCS) is now imposing “post-death liens” on real property – expanding its current post-death recovery rights against real property owned by ALTCS members. When an ALTCS recipient…
Love and Legacy: Why Estate Planning is an Act of Love
Love and Legacy: Why Estate Planning is an Act of Love Valentine’s Day is a time when we celebrate love in all its forms—romantic, familial, and platonic. It’s a day to show…
Emergency Preparedness for Special Needs Families: A Critical Guide to Safety and Peace of Mind
As a special needs family, preparing for emergencies can feel especially overwhelming. However, being proactive and creating a comprehensive emergency preparedness plan can provide peace of mind and ensure your loved one’s…
The Hospital is Calling. Would You be Ready?
Just Imagine. It’s the middle of the day, and your phone rings. The caller ID shows a number you don’t recognize, but you decide to answer. On the other end, a calm…
Do I Need a Revocable Trust in Arizona?
Do I Need a Revocable Trust in Arizona? For Arizona residents, a revocable living trust offers several advantages for estate planning. A person or married couple may consider creating a revocable living…
BOI Reporting Requirement has been temporarily halted by Court Order (again), as of Dec. 26, 2024
Over the holiday break two panels in the U.S Court of Appeals for the Fifth Circuit issued different and opposing orders regarding Beneficial Ownership Information Reporting. The first panel ruled on December 23rd…
2025 Arizona Long Term Care System (ALTCS) Income and Resource Limits and Other Eligibility Criteria
The Arizona Long Term Care System (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…
When is Guardianship Needed?
Guardianship of an adult is a legal arrangement where a court appoints a person, known as a guardian, to make decisions for an adult who is unable to manage their own personal…
Incorporating Special Needs Trusts into Family Estate Planning: A Key Step for Peace of Mind
When planning for the future, families of individuals with special needs face unique considerations. Beyond standard estate planning, it’s essential to create a structure that secures the financial well-being of a loved…
Increased Gift and Estate Tax Exemption Amounts for 2025
Increased Gift and Estate Tax Exemption Amounts for 2025 The US Internal Revenue Service recently announced that the annual gift tax exclusion is increasing in 2025 due to inflation. The annual gift…
How to Best Protect Your Estate Plan from Challenge
Incentivizing heirs not to contest a Will or Trust can help ensure that your estate plan is carried out according to your wishes. Here are some strategies that can discourage heirs from…
Common Arizona Long Term Care System (ALTCS) Myths …
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…
IRS Finalizes 10-Year RMD Rules for Inherited IRAs
The Treasury Department and the Internal Revenue Service (IRS) have issued final regulations relating to the 10-year required minimum distribution (RMD) rule for people who inherit individual retirement account (IRA) assets. The new…
Pre-Paid Funeral, Burial or Cremation Plan as the Next Step in Your Estate Planning
A pre-paid funeral or burial plan is an arrangement where you pay in advance for your funeral and burial services. This type of plan allows you to select and pay for various…
NEW CASE LAW: VOTING AND GUARDIANSHIP
Voting rights are on everyone’s mind right now and getting a lot of media attention this Presidential election cycle. What has not received much attention, however, was a recent Court of Appeals…
Dementia Diagnosis- What Are the Next Crucial Steps to Planning for the Future?
When someone is first diagnosed with dementia, it’s crucial to take steps to plan for the future while the person is still able to participate in decision-making. Here are the next steps…
ABLE Accounts and Special Needs Trusts: How They Work to Benefit Persons with Special Needs
Maximizing Financial Security: Using ABLE Accounts and Special Needs Trusts to Benefit Persons with Special Needs Trusts When planning for the future financial security of individuals with disabilities, it’s essential to explore…
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…
New 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…
Navigating 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…
The 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…
Is 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…
How 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…
Parents 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…
ARIZONA’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…
2024 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,…
AHCCCS 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,…
November 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…
2024 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…
AHCCCS 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…
Medicare 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…
SB 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…
August 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…
New 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…
Lessons 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…
Does 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…
Can 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…
AZ 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…
ARIZONA’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”.…
When 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…
When 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…
Does 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…
What 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…
What 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…
Estate 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…
Newlyweds 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…
What 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…
How 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…
How 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…
How 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…
Do 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…
What 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…
How 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. …
Public 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…
Powers 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…
Travel 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…
Why 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)…
How 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…
Spring 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…
What 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…
What 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…
What 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.,…
How 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.,…
HOLIDAY 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…
2023 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…
Naming 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…
Medicare 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…
How 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…
Public 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…
WHAT 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…
October 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…
IRS 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…
Why 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…
We 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…
We 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…
AVOID 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…
Early-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…
Down 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…
Case 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…
WHAT 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.…
Be 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…
2022 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…
2022 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,…
IRS 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…
Judge 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…
Elder 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),…
What 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…
When 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…
Estate 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…
Why 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…
Difference 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…
3 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…
Who 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…
Diagnosed 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…
What 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…
How 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…
Estate 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…
What 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…
How 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…
What 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…
When 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…
When 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…
How 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…
What 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…
Signs 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…
Why 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…
Differences 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…
What 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…
I 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…
My 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…
Do 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…
ALTCS 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…
How 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,…
What 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…
What 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…
Mandatory 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…
In 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…
#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…
The 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…
Arizona 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…
Guidelines 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…
2021 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…
2021 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,…
The 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.…
Considerations 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…
5 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,…
Economic 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…
How 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…
What 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…
It’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…
Two 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…
IRS 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.…
Things 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…
How 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…
The 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…
Applying 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…
COVID-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…
Conservatorships 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.…
3 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…
New 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…
The 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…
2020 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…
2020 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…
Special 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…
Should 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…
Should 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…
How 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…
How 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…
Are 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…
Is 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…
ALTCS’ 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…
“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…
Top 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…
2019 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…
2019 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…
NEW 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…
R-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…
Three 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…
Independent 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…
Powers of Attorney for the College Student
As you get ready to send your student off to college you are probably shopping, packing, and planning. But if you do not have powers of attorney, more commonly associated with older…
Options 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…
Options 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)…
What 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…
What 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…
What 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…
What Happens If There Are No Medical Directives?
If you have a medical directive, you’ve made the decision to nominate certain individuals to make medical decisions on your behalf, should you be unable to make decisions on your own. If…
How to Avoid Guardianships & Conservatorships!
Unfortunately, some individuals will ultimately lose capacity for handling their own personal and financial affairs. When this happens, if the incapacitated individual does not have someone who has been given authority to…
Diagnosed 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…
What if my Spouse is Incapacitated?
Most people understand that it’s best to have an estate plan in place. A proper plan addresses what happens not just in the event of death, but in the event of incapacity…
How Can I Avoid Probate?
Probate is the court process through which a Personal Representative is appointed to administer the estate and ultimately transfer the decedent’s assets to his or her heirs or beneficiaries. The quickest way…
When Do I Need an Elder Law Attorney?
Elder law attorneys focus on issues specific to older adults, and have knowledge in many areas of the law including the following: Estate Planning (financial powers of attorney, medical directives, Wills, Trusts)…
Trust Accounting – Best Practices
While the necessity and timing of a trust Account is dependent in part on the language of the trust, unless the trust instrument provides otherwise, a Trustee has a responsibility to provide…
How do I assume the role of Successor Trustee?
A Successor Trustee is the person who assumes management control of the trust after the initial Trustee dies or becomes unable to continue with his or her responsibilities. Once the Successor Trustee…
Do 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…
What is VA Aid & Attendance Pension?
The Veteran’s Aid and Attendance Pension (“VA A&A” or the “Aid and Attendance Pension”) is a little known cash benefit paid in addition to low income pension to certain wartime veterans or…
What 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…
Understanding Signs of Financial Exploitation
Financial exploitation of the elderly can be perpetrated by people they know, or don’t know, and can happen in many different ways, large and small. Financial exploitation means the misuse or withholding…
When 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…
How 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…
Why 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…
What 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…
What 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…
My 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…
My 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…
Do I Need a Lawyer to Apply for ALTCS?
In short, yes. Planning to apply for ALTCS, or undertaking the actual application, without the advice or assistance of an elder law attorney with significant experience in handling ALTCS applications may result…
Frequently 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…
How 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,…
Arizona 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…
Trustee 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…
May 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…
April 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. …
Rollover 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…
Free 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…
ABLE 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…
Lockboxes 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…
Our 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,…
Proposed 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…
2018 Tax Reform Update and Your Estate Plan
The well-publicized road to tax reform was subject to major speculation, studied prediction, and the expected points of debate. Our tax code has not seen significant change since 1986. The changes enacted…
2018 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)…
Are Your Children Older Than You?
When does the adult child become the “parent”? This concept of a role reversal of the adult child/parent relationship most often plays out during the parents’ older age when responsibility is dramatically…
Red 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…
Why 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…
How 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…
How Do I Protect My Children’s Inheritance?
Q: I want to leave my estate to my son and daughter, but I’m afraid my son is not financially responsible and will squander the money and even though my daughter is…
The 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…
Estate Planning Considerations When You Adopt
Whether you have adopted internationally, domestically, from the foster care system or as a step-parent, now that you have a new addition to your family, you will want to make sure your…
Is Your Life Insurance Policy Valid After Age 100?
Whole life insurance policies were the first “permanent” life insurance product designed (even guaranteed) to provide a full death benefit at maturity as long as it was fully funded. However, is…
Paralympics 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…
How 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…
MEDICARE OPEN ENROLLMENT BEGINS OCTOBER 15
What is the Medicare Open Enrollment Period and What Can I Change? The Medicare open enrollment period is the time when people with Medicare can switch Medicare health and prescription drug plans…
Am 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. …
NEW 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…
Can 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…
Don’t Fall Victim to the “Deed Scam”
Our office habitually records deed for real property in Maricopa County, Arizona. Like most law firms, once recorded, we return the original deed to the client for their records. The act of…
Is Your Life Insurance Policy Valid After Age 100?
Whole life insurance policies were the first “permanent” life insurance product designed (even guaranteed) to provide a full death benefit at maturity as long as it was fully funded. However, is it…
Update on Electronic Will Legislation
Earlier this year, Arizona lawmakers proposed new legislation making it legal to execute “Electronic Wills”. SB1298 proposed a revision to Arizona Revised Statutes in an effort to broaden what Arizona deems a…
Healthcare 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. …