Elder Law Issues
Latest Episodes
Complex Estate Plans Not Always Required Even for the Wealthy
If you have substantial wealth, will your estate plan need to be more complicated? Not necessarily. And, for that matter, your estate plan might need to be somewhat complicated even if you are not wealthy. Let us explain.
Civil Commitment Proceedings in Arizona
It's difficult to understand the difference between civil commitment proceedings, on the one hand, and guardianship or conservatorship proceedings on the other hand. In Arizona (the rules may be very different in other states, so be cautious about general
Prenuptial Agreements – an Estate Planner’s View
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
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?
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
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
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
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
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
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