Blog

Is This the Beginning of the End to Medicaid Estate Recovery?

March 7, 2024

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 More

How Do I Transfer My Real Property to my Trust?

March 4, 2024

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 More

Parents of Disabled Children Can Now Apply to Be Paid as Full-Time Caregivers- Parents as Paid Caregivers is Now Permanent

February 29, 2024

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 More

ARIZONA’S FULL GUARDIANSHIP VERSUS LIMITED GUARDIANSHIP EXPLAINED

January 9, 2024

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 More

2024 Arizona Long Term Care System (ALTCS) Income, Asset and other Eligibility Criteria

December 29, 2023

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 More

AHCCCS Awards ALTCS Contracts to Two Health Plans Effective Oct. 1, 2024

December 1, 2023

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 More

November is National Alzheimer’s Awareness Month

November 21, 2023

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 More

2024 Estate and Gift Tax Limit Announced

November 21, 2023

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 More

AHCCCS Receives Temporary Extension to Pay Parents as Caregivers of Their Minor Children

November 7, 2023

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 More

Medicare Open Enrollment is almost here!

October 11, 2023

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 More

SB 1291 – Coming Changes to Arizona’s Probate Code Title 14 Effective Oct. 30, 2023

September 4, 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 More

August is National Make-A-Will Month

August 10, 2023

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 More

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

July 19, 2023

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 More

Lessons Learns from the Estate of Aretha Franklin:  Jury rules handwritten 2014 Will found in Aretha Franklin’s Couch Cushions is Valid

July 13, 2023

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 More

Does a Trust Avoid Probate?

July 12, 2023

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 More

Can a Trust be Contested?

July 12, 2023

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 More

AZ County Recorder’s Offices Have Free Title Alert Notice Service – Don’t Be a Victim of Title Fraud

June 22, 2023

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 More

ARIZONA’S NEW SUPPORTED DECISION-MAKING AGREEMENT LAW

June 22, 2023

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 More

When Is Probate Required in Arizona?

June 6, 2023

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 More

When Can I Use a Small Estate Affidavit to Collect Assets After a Loved One’s Death?

June 6, 2023

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 More

Does Having a Will Avoid Probate in Arizona?

June 6, 2023

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 More

What Is a Silver Divorce?

May 30, 2023

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 More

What Happens if I Don’t Update My Estate Plan After Divorce?

May 30, 2023

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 More

Estate Planning With a Blended Family

May 30, 2023

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 More

Newlyweds and Estate Planning

May 30, 2023

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 More

What Is an Arizona Mental Health Power of Attorney?

May 2, 2023

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 More

How Can an Elder Law Attorney Help My Elderly Parents?

May 2, 2023

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 More

How Can Arizona Long-Term Care System (ALTCS) Benefits Help Someone Who Needs Long-Term Care?

May 2, 2023

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 More

How to Celebrate National Elder Law Month

May 2, 2023

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 More

Do I Need a Will in Arizona?

May 2, 2023

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 More

What Is the Process To Appoint a Legal Guardian for an Adult Under Arizona Revised Statutes Title 14?

May 2, 2023

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 More

How Can Assets in a Special Needs Trust Be Used for the Beneficiary?

May 2, 2023

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 More

Public Health Emergency (PHE) Ended April 1, 2023 – Arizona Long Term Care System (ALTCS) Members Need to Prepare for Renewals

April 19, 2023

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 More

Powers of Attorney for College Students

April 17, 2023

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 More

Travel Estate Planning Checklist

April 17, 2023

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 More

Why Should a Parent Charge Their Adult Disabled Child Rent? (SSI and ISM and AZ Guardianship)

April 12, 2023

  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 More

How Can a Geriatric Care Manager Help My Older Loved One?

March 14, 2023

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 More

Spring Cleaning Estate Plan Tips

March 10, 2023

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 More

What Are the Types of Special Needs Trusts?

March 2, 2023

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 More

What Can a Special Needs Trust Pay for Without Affecting SSI or Medicaid?

March 1, 2023

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 More

What Is Trust “Funding”?

February 27, 2023

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 More

How Often Should You Review and Update Your Estate Plan

February 27, 2023

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 More

HOLIDAY SENIOR WELL-BEING CHECKLIST

December 11, 2022

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 More

2023 Arizona Long Term Care System (ALTCS) Income, Resource and Other Financial Eligibility Criteria

December 5, 2022

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 More

Naming Adult Children as Joint Owners or Designated Beneficiaries on Bank Accounts: CAUTION!

November 14, 2022

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 More

Medicare Annual Enrollment Period Now Open Until December 7, 2022

November 1, 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 More

How Parents can Designate a Legal Guardian for Their Adult Child with Special Needs or Disability

October 26, 2022

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 More

Public Health Emergency (PHE) Renewed October 13, 2022: AHCCCS – ALTCS may not disenroll persons until the end of the PHE

October 17, 2022

  At the beginning of the COVID-19 pandemic in 2020, the federal government declared a public health emergency (PHE). For the duration of the PHE, states are required to continue Medicaid health…

Read More

WHAT IS A SPECIAL NEEDS TRUST?

October 6, 2022

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 More

October is Special Needs Law Month

October 1, 2022

  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 More

IRS Gives Tax Benefit to Estates- Extends Late Portability Election to 5 Years

August 10, 2022

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 More

Why Does My Parent’s Estate Have to go Through Arizona Probate?

August 9, 2022

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 More

We are Hiring! Attorneys and Legal Assistants

July 27, 2022

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 More

We are Hiring! Looking for Attorneys and Legal Assistants

July 26, 2022

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 More

AVOID MAKING HANDWRITTEN EDITS TO YOUR WILL OR TRUST

July 11, 2022

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 More

Early-Onset Dementia- Compassionate Allowance Under SSA Rules

June 23, 2022

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 More

Down Syndrome Soon to be a Qualifying Diagnosis for DDD Eligibility

June 21, 2022

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 More

Case Law Update: Factors to Court Will Consider in Undue Influence Claim- Rosenberg v. Sanders

June 7, 2022

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 More

WHAT IS A SPECIAL NEEDS TRUST?

June 3, 2022

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 More

Be Prepared: Copious Financial Documentation Required for Most Arizona Long Term Care System (ALTCS) Applications

June 2, 2022

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 More

2022 New Year’s Estate Planning Resolutions

January 1, 2022

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 More

2022 Arizona Long Term Care System (ALTCS) Income, Resource and Other Limits

December 28, 2021

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 More

IRS Announces New Higher Estate and Gift Tax Limits for 2022…But Stay Tuned…

November 18, 2021

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 More

Judge Rules Britney Spears Can Choose Her Own Lawyer in Her Conservatorship Case, Could You?

July 21, 2021

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 More

Elder Law Case Scenario

May 31, 2021

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 More

What Are Special Needs Trusts?

May 30, 2021

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 More

When to Hire an Elder Law Attorney

May 29, 2021

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 More

Estate Planning Considerations for Seniors

May 28, 2021

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 More

Why Do I Need Guardianship of My Elderly Mother?

May 27, 2021

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 More

Difference Between Successor Trustee and a Financial Power of Attorney

May 26, 2021

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 More

3 Ways to Avoid Probate in Arizona

May 25, 2021

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 More

Who Can Make Medical Decisions When the Patient Lacks Capacity to Give Informed Consent?

May 24, 2021

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 More

How Can I Manage My Parent’s Social Security Benefits?

May 23, 2021

Q: My mother, age 82, has Alzheimer’s disease and can no longer manage her financial matters. I am the designated Agent under my mother’s Durable Financial Power of Attorney, but Social Security…

Read More

Diagnosed with Dementia – Now What?

May 22, 2021

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 More

What is a Pre-Need Funeral, Burial, or Cremation Plan?

May 21, 2021

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 More

How to Resolve Family Disagreements About an Elderly Parent’s Care

May 20, 2021

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 More

Estate Planning Considerations for Senior Second Marriage

May 19, 2021

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 More

What Happens If Your Trust Is Not Funded

May 18, 2021

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 More

How Do I Take Over as Successor Trustee of My Parents’ Trust?

May 17, 2021

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 More

What Happens if My Spouse is Suddenly Incapacitated?

May 16, 2021

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 More

When to Bring in Help To Care for a Spouse

May 15, 2021

“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 More

When is the Financial Power of Attorney in Effect?

May 14, 2021

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 More

How Can I Avoid Probate?

May 13, 2021

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 More

What is VA Aid & Attendance Pension?

May 12, 2021

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 More

Signs of Senior Financial Exploitation

May 11, 2021

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 More

Why would I need a Mental Health Power of Attorney?

May 10, 2021

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 More

Differences between HCPOA, MHCPOA, LW

May 9, 2021

 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 More

What is an Income Only Trust (aka Miller Trust)?

May 8, 2021

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 More

I Help Take Care of My Elderly Parent Who Lives with Me. Should we have a Personal Care Agreement?

May 7, 2021

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 More

My Elderly Parents Moved In With Me. Do We Need a Rental Agreement?

May 6, 2021

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 More

Do I Need a Lawyer to Apply for Arizona Long Term Care System (ALTCS)?

May 5, 2021

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 More

ALTCS Myths Debunked…

May 4, 2021

There are many facets to ALTCS benefits and eligibility criteria. If you are contemplating applying for ALTCS benefits or are concerned about affording long term care, it is imperative you seek legal…

Read More

How Can Arizona Long Term Care System (“ALTCS”) Help Pay for Long Term Care

May 3, 2021

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 More

What is a “Living Probate”? How do I avoid Guardianship and Conservatorship?

May 2, 2021

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 More

What is Elder Law and How Can an Elder Law Attorney Help You?

May 1, 2021

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 More

Mandatory Disclosures Required by ALTCS- Sale of Real Property

March 8, 2021

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 More

In the Movies…”I Care a Lot”- Could this Happen in an Arizona Guardianship?

February 26, 2021

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?

February 24, 2021

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 More

The Larry King Estate Debacle

February 24, 2021

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 More

Arizona Pet Trusts

February 16, 2021

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 More

Guidelines for Medical Decision Makers Regarding the COVID-19 Vaccine

January 11, 2021

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 More

2021 VA Aid and Attendance Pension Benefits

January 11, 2021

               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 More

2021 Arizona Long Term Care System ( ALTCS ) Income and Resource Limits

December 31, 2020

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 More

The SECURE Act: Considerations in Designating Retirement Account Beneficiaries

October 13, 2020

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 More

Considerations for Family Business Succession

October 12, 2020

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 More

5 Reasons to Update Your Estate Plan

October 9, 2020

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 More

Economic Impact Payments Coming Soon for Individuals with Representative Payees

May 18, 2020

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 More

How to Return an Economic Impact Payment Paid to a Deceased Individual

May 12, 2020

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 More

What Needs to Be Done After Someone Dies – AZ Probate and Trust Administration Checklist

May 5, 2020

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 More

It’s National Healthcare Decisions Day (April 16)- Do You Have Your Medical Directives in Place?

April 16, 2020

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 More

Two Bivens & Associates, PLLC Attorneys Named to the 2020 Southwest SuperLawyers List- ELDER LAW

April 15, 2020

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 More

IRS Sets Up Link for SSI Recipients to Use to Collect the $1,200 Economic Impact Payment

April 11, 2020

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 More

Things to Consider if Applying for ALTCS During Coronavirus Pandemic

April 8, 2020

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 More

How Will ALTCS Treat the Federal Stimulus Payments?

April 4, 2020

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 More

The Rise of the Revocable Trust in a COVID-19 World

April 2, 2020

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 More

Social Security Recipients will Automatically get Stimulus Checks- no Tax Return Required

April 2, 2020

Social Security recipients will automatically get stimulus checks. Today, the Treasury Department said in a reversal that Americans on Social Security will not be required to file a “simple tax return” to…

Read More

Applying for Arizona Long Term Care System (ALTCS) in the Time of COVID-19

March 28, 2020

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 More

COVID-19 and Your Estate Planning: Get Your Estate in Order Now

March 24, 2020

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 More

Conservatorships vs. Guardianships in Arizona: What’s the Difference?

January 30, 2020

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 More

3 Estate Planning Mistakes of Celebrities

January 20, 2020

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 More

New Arizona Rules of Probate Procedure, effective Jan. 1, 2020

January 20, 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 More

The SECURE Act – Impact on Your Estate Plan

January 20, 2020

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 More

2020 VA Aid and Attendance and Net Worth Limit and Maximum Benefit Amounts

January 16, 2020

  The Veterans Administration has released the 2020 maximum benefit amounts qualified Veterans and Surviving Spouses of Veterans may be eligible for if they are in need of the aid and attendance…

Read More

2020 Income and Resource Limits for Arizona Long Term Care System (ALTCS)

January 16, 2020

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 More

Special Needs Children and Estate Planning

November 10, 2019

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 More

Should You DIY Estate Planning, Part 2?

October 30, 2019

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 More

Should You DIY Estate Planning?

October 20, 2019

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 More

How to Begin Estate Planning, Part 2

October 10, 2019

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 More

How to Begin Estate Planning

September 30, 2019

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 More

Are eWills The Future of Estate Planning?

June 24, 2019

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 More

Is a Holographic Will Valid in Arizona?

June 7, 2019

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 More

ALTCS’ Asset Verification System: If you thought processing an ALTCS application was difficult before…

June 7, 2019

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?”

June 5, 2019

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 More

Top Ten Estate Planning Myths & Mistakes

June 5, 2019

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 More

2019 Arizona Long Term Care System ALTCS financial eligibility criteria

February 14, 2019

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 More

2019 Veterans Aid and Attendance Pension benefits

February 14, 2019

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 More

NEW VA AID & ATTENDANCE PENSION RULES GO INTO EFFECT OCTOBER 18, 2018

October 8, 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 More

R-E-S-P-E-C-T the Estate Planning Process

September 16, 2018

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 More

Three Essential Estate Planning Documents Every Millennial Should Have in Place

September 16, 2018

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 More

Independent Contractor or Employee: Business Owners Beware of Incorrect Classification

September 16, 2018

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 More

Powers of Attorney for the College Student

July 1, 2018

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 More

Options to Help Resolve Family Disagreement About an Elderly Parent’s Care

May 29, 2018

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 More

Options for Asset Protection Against Long Term Care Expenses

May 28, 2018

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 More

What is a Pre-Paid Funeral/Burial Arrangement and How Can It Avoid Family Conflict?

May 27, 2018

  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 More

What Happens If Your Trust Is Not Funded?

May 26, 2018

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 More

What Happens if There is No Financial Power of Attorney?

May 25, 2018

  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 More

What Happens If There Are No Medical Directives?

May 24, 2018

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 More

How to Avoid Guardianships & Conservatorships!

May 23, 2018

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 More

Diagnosed with Dementia – Now What? How to get things in order.

May 22, 2018

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 More

What if my Spouse is Incapacitated?

May 21, 2018

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 More

How Can I Avoid Probate?

May 20, 2018

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 More

When Do I Need an Elder Law Attorney?

May 19, 2018

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 More

Trust Accounting – Best Practices

May 18, 2018

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 More

How do I assume the role of Successor Trustee?

May 17, 2018

A Successor Trustee is the person who assumes management control of the trust after the initial Trustee dies or becomes unable to continue with his or her responsibilities. Once the Successor Trustee…

Read More

Do I Qualify for VA Aid and Attendance Pension Benefit?

May 16, 2018

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 More

What is VA Aid & Attendance Pension?

May 15, 2018

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 More

What Should You Do if You Suspect a Family Member is Being Financially Exploited?

May 14, 2018

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 More

Understanding Signs of Financial Exploitation

May 13, 2018

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 More

When is the Financial Power of Attorney in effect- Immediately or Springing?

May 12, 2018

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 More

How Not to Get Sued as a Successor Trustee – Understanding Trustee Duties

May 11, 2018

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 More

Why should everyone have a Mental Health Power of Attorney?

May 10, 2018

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 More

What are the differences between a Healthcare Power of Attorney, Mental Healthcare Power of Attorney, and Living Will?

May 9, 2018

 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 More

What is an Income Only Trust (“IOT”) aka Miller Trust?

May 8, 2018

An Income Only Trust allows an individual applying for ALTCS to meet the income requirements, when they otherwise have too much income to qualify.  An individual applying for ALTCS benefits must meet…

Read More

My Elderly Parent Moved In With Me- Do We Need a Personal Care Agreement?

May 7, 2018

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 More

My Elderly Parents Moved In With Me- Do We Need a Rental Agreement?

May 6, 2018

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 More

Do I Need a Lawyer to Apply for ALTCS?

May 5, 2018

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 More

Frequently Asked Questions about Arizona Long Term Care System (ALTCS)

May 4, 2018

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 More

How Can Arizona Long Term Care System (“ALTCS”) Help With Long Term Care?

May 3, 2018

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 More

Arizona Guardianships Versus Conservatorships – What are they and when do you need it?

May 2, 2018

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 More

Trustee vs. Agent under Financial Power of Attorney – How are they different?

May 1, 2018

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 More

May is National Elder Law Month- Check out our daily elder law blog in May!

April 30, 2018

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 More

April 16 – April 22 is National Health Care Decisions Week

April 20, 2018

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 More

Rollover from a 529 College Savings Account to an ABLE Account is Allowed

April 16, 2018

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 More

Free 6-Part Series – Be Prepared

April 11, 2018

  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 More

Upcoming April Events

April 6, 2018
Read More

Lockboxes for Seniors and Special Needs Individuals

March 21, 2018

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 More

Proposed Arizona Bill Titled: “Death with Dignity Act of 2018”

January 22, 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 More

2018 Tax Reform Update and Your Estate Plan

January 5, 2018

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 More

2018 Income and Resource Limits for Arizona Long Term Care System (ALTCS)

December 27, 2017

  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 More

Are Your Children Older Than You?

December 22, 2017

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 More

Red Flags to Watch For During the Holiday Visits with Seniors and Caregiver To-Do List

December 11, 2017

  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 More

Why Are There So Many People Involved In A Guardianship Proceeding?

November 14, 2017

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 More

How Should I Title My Out of State Property When I Have a Trust?

November 14, 2017

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 More

How Do I Protect My Children’s Inheritance?

November 14, 2017

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 More

The Holiday Season – A Time for Cheer, Festivities, and an Estate Plan Review!

November 14, 2017

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 More

Estate Planning Considerations When You Adopt

November 13, 2017

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 More

Is Your Life Insurance Policy Valid After Age 100?

November 3, 2017

  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 More

Paralympics Sept 7- 18; 7 Arizona Athletes on US Team

November 2, 2017

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 More

How to Avoid Personal Liability If You Serve as Personal Representative of an Estate

September 27, 2017

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 More

MEDICARE OPEN ENROLLMENT BEGINS OCTOBER 15

September 27, 2017

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 More

Am I Responsible For Paying My Adult Special Needs Child’s Care Costs?

September 27, 2017

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 More

NEW MEDICARE CARDS ARE COMING: THE SOCIAL SECURITY NUMBER REMOVAL INITIATIVE (SSNRI)

September 27, 2017

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 More

Can Certain Behaviors or Habits Have an Impact on Your Risk of Developing Dementia?

September 14, 2017

Can certain behaviors or habits have an impact on your risk of developing dementia? Recent information from medical studies suggests that this may be possible. A series of recent medical studies have…

Read More

Don’t Fall Victim to the “Deed Scam”

September 14, 2017

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 More

Is Your Life Insurance Policy Valid After Age 100?

July 22, 2017

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 More

Update on Electronic Will Legislation

July 12, 2017

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 More

Healthcare Power of Attorney versus Mental Healthcare Power of Attorney

July 3, 2017

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 More

First Coloring Book for People with Alzheimer’s

July 3, 2017

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 More

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

June 30, 2017

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 More

Dispute Between Brothers Demonstrates Need to Plan for Long-Term Care

April 28, 2017

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 More

If You Are Married and have a Trust, Do you Know What Happens When One Spouse Dies?

April 27, 2017

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 More

Organ Donation and Burial Directives as Part of Your Estate Plan

April 24, 2017

  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 More

Autistic Character Moves into Sesame Street

April 21, 2017

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 More

Majority of Arizona Long Term Care System (ALTCS) Applications are Denied

February 28, 2017

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 More

Fiduciary Rule for Financial Professionals is On-hold

February 19, 2017

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 More

Are you in the majority without a Will? Fix that Fast!

February 18, 2017

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 More

Proposed Legislation: Electronic Wills

February 18, 2017

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 More

2017 Changes to Estate Tax – Does it Affect You?

January 22, 2017

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 More

Make Reviewing Your Estate Plan One of Your New Year’s Resolutions

January 19, 2017

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 More

Disposition of Sorority or Fraternity Badge (aka Pin)

January 17, 2017

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 More

New 2017 Medicare Rule Encourage Doctors to Test for Alzheimer’s Disease and Offer Care Planning Advice

January 16, 2017

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 More

Special Needs Trust Fairness Act is Law!

December 29, 2016

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 More

Zsa Zsa Gabor’s Legacy

December 29, 2016

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 More

2017 ALTCS Financial Eligibility Criteria by the Numbers

December 7, 2016

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 More

Senate passed H.R. 34, which includes the Special Needs Trust Fairness Act, TODAY!

December 7, 2016

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 More

Reports of Elder Abuse Against Arizona’s Vulnerable Adults Increases

September 27, 2016

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 More

Non-Lawyers Offering Medicaid Long Term Care Planning Advice is the Unauthorized Practice of Law in Some States

September 20, 2016

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 More

New Medicare Law Notifies Patients of Loophole in Nursing Home Coverage

September 13, 2016

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 More

7 Arizona Athletes on US Paralympic Team

September 13, 2016

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 More

Gun Owners and the Effects of Aging

September 8, 2016

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 More

Recent Federal Court Decision Holds that Distributions from Special Needs Trusts do not Automatically Constitute Income for Calculating Section 8 House Vouchers

July 28, 2016

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 More

Amendment to Arizona’s Mental Health Power of Attorney Statute

July 24, 2016

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 More

Arizona’s Newly Adopted Fiduciary Access to Digital Assets Act

July 21, 2016

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 More

Arizona Long Term Care Partnership Program

July 21, 2016

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 More

Silver Alerts No Longer Just for the Elderly

July 21, 2016

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 More

New Arizona Legislation For Guardianships

July 21, 2016

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 More

West Virginia Supreme Court of Appeals – Medical Power of Attorney Does Not Have Power to Make Binding Legal Decisions for Incapacitated Person

June 14, 2016

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 More

How Not to End Up in a Potter’s Field

June 13, 2016

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 More

Why Is the Bank Not Honoring My Power of Attorney?

May 25, 2016

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 More

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

May 25, 2016

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 More

May is National Elder Law Month…So, What is Elder Law Anyway?

May 24, 2016

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 More

A handful of states are expected to open their ABLE accounts and programs this summer.

May 24, 2016

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 More

Arizona ABLE ACT (HB 2388) Passed on 5-5-2016 and is Awaiting the Governor’s Signature

May 7, 2016

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 More

Sumner M. Redstone Competency Trial is Set to Begin in Los Angeles Today, May 6, 2016.

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 More

Under New Rule Brokers Must act as Fiduciaries — legally obligated to put their clients’ best interests first.

April 7, 2016

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 More

Steps Seniors Can Take to Avoid Financial Abuse

March 31, 2016

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 More

March is National Developmental Disabilities Month: Did You Know These Notable People Had a Disability?

March 31, 2016

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 More

Almost One in Five Seniors Have Been the Victim of Financial Swindles, How Do you Recognize Someone is at Risk?

March 31, 2016

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 More

Baby Boomers Love Their Pets to the Tune of $60 Billion Annually, Do You Need a Pet Trust?

March 31, 2016

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 More

Picking an Ideal Long Term Care Facility

February 24, 2016

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 More

THE LONG TERM CARE FACTS OF LIFE

February 23, 2016

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 More

SB1169: Mental Health Power of Attorney

February 23, 2016

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 More

HHS sets goals and timeline for shifting Medicare reimbursements from volume to value

February 23, 2016

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 More

FAQs Regarding Estate and Gift Tax Matters

February 23, 2016

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…

Read More

New AHCCCS Policy and Procedural Manual Location

February 23, 2016

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:…

Read More

Disabled Military Child Protection Act Policy Finalized

January 29, 2016

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…

Read More

Death-with-Dignity bill introduced in the Arizona Legislature

January 29, 2016

On January 19, 2016 a Death with Dignity bill granting terminally ill patients the right to take their own lives with prescription life-ending drugs was introduced. The measure by Sen. Barbara McGuire…

Read More

2016 ALTCS Financial Eligibility Criteria

January 29, 2016

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,…

Read More