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.

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