Elder Law Issues

Latest Episodes
Advance Directives and DNR Orders
Advance directives and DNR orders confuse laypeople. Especially in Arizona, where the existence of a special kind of advance directive adds to the confusion.We've written (and talked) about the Pre-Hospital Medical Care Directive before. It's an Arizona
The Social Security Fairness Act
The Social Security Fairness Act of 2023 was, confusingly, signed into law on January 5, 2025. More confusion: what the Act did was to eliminate Social Security's Windfall Elimination Provision. Wait -- it eliminated an elimination? Yes, that's right.At
Springing vs Surviving Powers of Attorney
Springing vs surviving powers of attorney: what's the difference? Which is better?As we explain in this week's podcast episode, there's not really a "better" choice. Or at least, there's not a choice that's better for everyone.The "springing vs surviv
Advising Non-Citizens Worried About Deportation
We often find ourselves advising non-citizens about the problems that might arise if they face deportation. The level of concern is particularly high right now, of course. But many of our neighbors have been living in fear and uncertainty for years or eve
Kathy Kreuzer Retires From Fleming & Curti, PLC
Kathy Kreuzer has been a primal force at Fleming & Curti, PLC, for 28 years. Last month she retired. It's a sign of both the longevity and the flexibility of Fleming & Curti's staff.Kathy, our principal legal assistant for decades, was the longest-term
Choosing a Fiduciary Can Be Challenging
You might have questions about choosing a fiduciary. We encourage you to think about your choices. Maybe even discuss the idea(s) with family members and others.Wait. What are we talking about? That is, what is a fiduciary, and do I need one?"Fiduciar
Ambiguity In a Will or Trust Can Cause Legal Problems
Ambiguity can be a strategic choice. Perhaps a speaker wants to leave a vague impression, offending no one. Maybe a writer hopes the reader will fill in intentional blanks.In a will or trust, though, ambiguity is almost always a problem. When a provisio
To Decline or Disclaim: What’s the Difference?
We occasionally talk with clients (and others) about choosing to decline or disclaim. Why would someone choose to decline or disclaim, and what's the difference? Those (related) questions often confuse people. In this week's podcast episode, we try to exp
Dispute Resolution for Trustees and Personal Representatives
If you are acting as personal representative of an estate, or as trustee, you might want to know how you can facilitate dispute resolution. Good news: Arizona law gives you a couple of good dispute resolution tools. Let us explain what they are and how th
Your Out-of-State Real Estate and Your Estate Plan
If you have any interest in out-of-state real estate, it can significantly complicate your estate planning process. Why? Because one primary motivation in estate planning is to avoid probate. And real estate in two (or more) different states makes it more