We work with individuals and families to assist them in making decisions related to the issues set forth below. It is our goal to provide education and planning that works for you today and into the future.

Estate Planning

It is of crucial importance to have either a Trust or a Will so that it is clear to the world how you intended for your assets and debts to be handled after your death. Additionally, these documents can set forth who should care for minor children and pets.

Advantages of a Trust:

If you have property in more than one state, and it is titled in the Trust, in most cases, no probate will have to be opened where those assets are located. This can result in cost savings and allow your beneficiaries to have access to the assets more quickly.

A trust may be able to save some estate taxes, if those are applicable to your situation.

A trust can provide for who will manage your assets if you were to become incapacitated.

A trust is not the appropriate estate planning document for all people.

Powers of Attorney:

These documents set forth who will make decisions if you are unable to and establish the types of decisions that person is entitled to make on your behalf. Powers of attorney come in many forms, such as, including but not limited to: temporary; "springing" (that is they only apply after a specific event or circumstance arises, like your incapacity), or limited to a single transaction.

Living Wills and Advance Directives:

Living Wills are documents that give instructions on the kind of treatment you would like to receive if you were to become terminally ill or in a persistent vegetative state and are unable to communicate your own instructions. Medical Directives are documents that provide guidance to your loved ones as to what types of treatment you would want in the event you are unable to communicate your own decision.

Estate Settlement

This often requires the "opening of a probate." If the person did not have a trust, or did not complete the "funding" of the trust, a probate may be necessary. In Arizona this is typically not a lengthy process (unless a contest regarding the authenticity and validity of the will arises or there are disputes over how distributions will occur). In fact, four months after the notice to the creditors has been published, an informal probate can be closed (assuming all of the responsibilities of the Personal Representative have been completed). Assets can be distributed almost immediately, assuming it is clear that sufficient assets will be available to pay creditors. Often, no court appearance is necessary and no court intervention is required.

Other Services

Guardianship:

What is a Guardianship? A Guardianship, in Arizona, is the appointment of a person to make decisions for the care of a minor or incapacitated adult, called the "ward." A Guardian is appointed by a Will or by a Court. In order to have a guardian appointed by the Court, for an incapacitated adult, the ward must be evaluated by a physician and a court investigator. Additionally, the Court will hold a hearing to determine if the person is incapacitated and to ensure that the person asking to be appointed understands his/her obligations to the ward and to the Court. A Guardian has powers and responsibilities similar to that of a parent. The guardian may make personal decisions for the ward such as living arrangement, education, social activities and authorization or withholding of medical or other professional care, treatment or advice. The Court can also limit the responsibilities. A guardian must submit a written report to the court annually. The report includes information about the ward's health and living conditions. Generally, guardians do not manage the income and other funds of the ward. Those responsibilities are taken care of by the Conservator (see below).

Conservatorship:

What is a Conservator? A Conservator, in Arizona, is the appointment of a person to make decisions related to an incapacitated adult related to the management of his or her property and income. The same general process for appointment of guardian is used for appointment of a conservator. The incapacitated person is referred to as the "protected person." A conservator has the powers and responsibilities of a fiduciary. This is a high standard of care. Within 90 days of appointment, the conservator must file an inventory of the estate (assets, including real property, personal property, bank accounts and investments) of the protected person. Thereafter, the accounting must be filed every year. It must show all amounts used out of the estate of the protected person and all assets obtained. A conservator has the power to invest funds of the estate and to distribute funds reasonably necessary for the support, care, education or benefit of the protected person and those legally dependant on the protected person.

Long Term Care (ALTCS) Planning:

While there are strict requirements as to who is eligible for Medicaid (called the Arizona Long Term Care System or ALTCS in Arizona), there are many planning techniques that can be utilized to secure some of the savings of the person in need of services. See the Arizona Medicaid tab for more information. We can also assist in completeting ALTCS applications.

VA Benefits Planning:

Few people are aware of the pension benefit available from the Department of Veterans Affairs (the “VA”) to wartime veterans and the surviving spouses of the veteran with limited income and assets. For those who qualify, the greater Aid & Attendance pension benefit can be a particularly valuable means to supplement the high cost of long term care. In general, to be eligible for pension benefits, (1) the applicant must be over the age of 65 or disabled, (2) the veteran must have served at least 90 days active duty in the U.S. military services, with at least one day during a period of war, (3) the veteran must have been discharged from the military under other than dishonorable conditions, and (4) the applicant must meet certain asset and income limits (net income after taking into account unreimbursed medical expenses). We recommend that those who are struggling with expensive long-term care bills meet with an experienced elder law attorney to consider potential financial resources to available them, including VA Aid and Attendance pension benefits. As with ALTCS benefits, knowledgeable attorneys in many cases can assist clients to preserve the maximum assets possible and to maintain benefit eligibility.

Special Needs Planning:

For the disabled, planning for the future is critical. Many are, or may one day be, dependent on government benefits for living and healthcare expenses. Some are, or may become, the recipients of gifts, an inheritance, or a lawsuit settlement/award. Without careful planning and management of their finances, they may jeopardize their eligibility for government benefits, either in part or completely. Perhaps the funds received are sufficient for their needs now. However, it is very difficult to predict the future. Their expenses may increase with age or as their condition progresses. The rules of eligibility and awards for government benefits are under constant revision. The benefits received from parents are also subject to unforeseen change. Our goal is to assist those individuals with disabilities to preserve the maximum assets possible and to maintain government benefit eligibility. Thus, with the proper legal tools in place, those individuals and their families gain a peace of mind knowing they are better able to stretch out their resources to receive sufficient care and to maintain a comfortable lifestyle throughout their lives. We are here to draft Special Needs Trusts (sometimes called Supplemental Needs Trusts) either as part of the estate plan of the parents or grandparents of the disabled child so that the inheritance can be used to enrich the child’s life. We also draft such trusts to hold the proceeds of a personal injury award. On a separate note, all individuals are considered to be competent and treated as “adults” once they reache the age of 18. Sometimes parents are surprised to learn that they no longer have the ability to communicate or make decisions on behalf of their disabled child. For example, the parents may experience a frustrating doctor’s visit or phone call with their child’s insurance provider. A parent no longer has the right to speak for a child who reaches the age of adulthood without being appointed as the child’s guardian and/or conservator. In other words, a court must find that the child (who is now an adult) has a disability that prevents him or her from being able to manage his or her own affairs. The appointment of a guardian (to manage health, housing and education) and/or conservator (to manage finances) is the key to opening the channels of communication again for a parent or caregiver to manage the affairs of the disabled individual and help them obtain proper care. Therefore, if you have a disabled child who is approaching that age 18, we strongly suggest you visit with an attorney experienced in guardianships and conservatorships to ensure a smoother transition to adulthood for your child.

This information is for general informational purposes only and does not constitute legal advice. For specific questions, you should consult with a qualified attorney.