Elder Law Issues

Elder Law Issues


Latest Episodes

Prenuptial Agreements – an Estate Planner’s View
August 20, 2023

Planning on getting married? You might want to consider signing a contract with your prospective spouse -- a "prenuptial agreement." In fact, you can sign a similar agreement after you're already married -- a "postnuptial agreement." Both are recognized u

Physician-Assisted Suicide in Arizona
August 13, 2023

Can a terminally-ill Arizona resident ask his or her physician for aid in dying? No -- but the landscape is changing in surrounding states. What's usually called "physician-assisted suicide" is not legal in Arizona, and is widely misunderstood in many jur

Are There Lessons for Us in Senator Feinstein’s Story?
August 06, 2023

Like many of you, we have been reading about Senator Dianne Feinstein's recent legal troubles. We don't know her or anything about her actual circumstances (beyond what we read), but her story gives us a chance to talk about common themes we see in the of

Donor Advised Funds
July 30, 2023

If you have charitable inclinations, you might consider whether a Donor Advised Fund is right for you. What are these entities, and how do they work? Well, join us for a discussion.

Visitor Restrictions Imposed by Health Care Agent
July 23, 2023

Suppose a manipulative, combative or just unpleasant family member insists on visiting a demented patient in a nursing home or assisted living facility. Can those visits be restricted? Prohibited altogether? Can visitor restrictions be imposed by an agent

Household Payroll for Home Care Workers
December 05, 2021

One common concern for fiduciaries who oversee home care: how should they handle household payroll? Are in-home caregivers independent contractors? Or must the fiduciary withhold Social Security and t

Gifts to Grandkids — and Other Young People
November 28, 2021

The end of the year is upon us. So is the holiday season. You might be considering making gifts to your grandkids. Or perhaps to other people who are minors (or just young). - First a bit of good news

Reimbursement to Fiduciary — A Practice to Avoid
November 21, 2021

We see this practice when we represent trustees, conservators and other fiduciaries, and we always counsel against it. A trustee, for instance, might pay trust bills from their own funds and then make

Record Keeping in Estate and Trust Administration
November 14, 2021

When you administer a trust or estate, you need to pay particular attention to record keeping. That may seem like an obvious statement, but too often books and records are kept poorly -- or not at all

Living Expenses in Trusts and Conservatorships
November 07, 2021

Imagine that you are conservator (of the estate) for a person who needs protection. Or, perhaps you are trustee of a trust for someone who has difficulty handling money. How do you handle regular livi