When people lose the capacity to provide adequate care and comfort for themselves, Arizona law allows for the appointment of a guardian or conservator.  Guardians assume the responsibility of making medical and placement decisions for an incapacitated person.  Conservators assume the responsibility of making financial decisions for an incapacitated person. 

A court must be convinced that it is necessary to appoint a guardian or conservator before it will do so.  Courts will only appoint a guardian if they believe that the proposed ward is incapacitated to the extent that he or she requires assistance with activities such as eating and dressing.  Courts will only appoint a conservator if they believe that the proposed ward will squander his or her assets without assistance.

Family members or friends who believe that somebody they care about requires assistance must undergo an appointment process to seek a guardianship or conservatorship.  To begin with, they must file a petition with the court and also have it served upon the proposed ward.  Additionally, they must provide adequate notice to other interested parties, such as the proposed ward’s spouse and children.  The court will see to it that the proposed ward has an attorney, unless the proposed ward is a minor, and a physician will evaluate the proposed ward’s mental capacity.  The judge will appoint a guardian or conservator if he or she deems fit, and the entire process takes about eight weeks. 

Sometimes it may be necessary to have a guardian or conservator appointed sooner than eight weeks.  In emergency situations, courts will appoint a temporary guardian or conservator.  Courts will only do this if they determine that it is in the proposed ward’s best interest, and the appointment will only last for a brief period of time.  In order to maintain the guardianship or conservatorship, a hearing will have to take place that follows the normal procedure. 

Arizona guardianship and conservatorship proceedings can become complicated.  This is particularly true where they are contested and disagreements arise as to who should act as guardian or conservator.  An attorney with experience handling guardianships and conservatorships is best qualified to assist with the proceedings.  For a consultation with an attorney at JacksonWhite, please call (480) 464-1111 and ask speak to someone in the Elder Law department.

Tags: Arizona, Arizona Law, attorney, conservator, Conservatorship, Family, G&C, guardian, Guardianship, proposed ward

A bank account owned jointly by two owners is not required to pass through probate when one of the owners dies.  Rather, the bank account passes outside of the probate process, and the surviving owner immediately takes full title to the account.  Many times, people add a joint owner to their bank account expressly for the purpose of avoiding probate.  However, there are also those who add a joint owner to their account without fully understanding the legal repercussions of doing so.

A person who titles a bank account in joint ownership ultimately loses the ability to bequest the account through a will.  Even where a will provision specifically mentions a bank account, it may not pass to the beneficiary if the account is titled jointly.  This means that people should be extremely cautious when adding a joint owner to a bank account.  People many times inadvertently make permanent estate planning decisions in the name of adding a loved one to their bank account for the sake of expediency.

The truth is that joint ownership can be a very important and useful tool when it comes to creative estate planning.  However, there are serious implications when adding a joint owner to your bank account.  The possibility is here to inadvertently disinherit your loved ones in this manner.  It may be prudent to consult with your estate planning attorney when making changes to how your finances are arranged.  Making important and lasting decisions without qualified legal counsel can create problems that could easily have been avoided.  For a consultation with an attorney at JacksonWhite, please call (480) 464-1111 and ask speak to someone in the Elder Law department.

Tags: bank account, estate planning, estate planning attorney, finances, joint owner, legal counsel, legal repercussions, probate

Question: Is it true that I have to go into a nursing home in order to get onto ALTCS?

Answer: While skilled nursing facilities certainly have their appropriate place along the continuum of care, it is not the only option for someone in order to receive ALTCS benefits. Other settings include assisted living communities and group homes as well as home and community-based services, which allows an individual to remain in their own home for as long as possible.

Recently, we have been hearing this question more often. When an individual inquires about services from the ALTCS office, they sometimes hear that they need to be ready for nursing home placement. This is true in that there are specific medical criteria that must be met in order for someone to be approved for ALTCS. Part of the medical assessment involves determining if an individual is indeed at risk for nursing home placement. Many individuals, however, interpret this to mean that they have to move into a nursing home right away in order to be considered for or to receive services.

If you have questions about ALTCS eligibility requirements, whether medical or financial, feel free to call our office at 1-800-243-1160 and ask for a free pre-screen from one of our Elder Care Coordinators. You may also wish to check out our interactive ALTCS program online at http://www.MyALTCS.com

‘Tis the Season: Implications of Gifting on ALTCS Eligibility

In our everyday lives, giving to others is a definitely a good thing. During the holiday season, especially, we are often reminded of how important it is to give of our time, talents, and financial resources. Unfortunately, financial generosity may adversely affect financial eligibility for ALTCS.

 As with any government program, there are requirements for eligibility and ALTCS is no exception. Along with meeting medical criteria, an individual must also meet certain financial requirements in order to qualify for the program. Part of the financial review involves a five-year look-back period on gifts and transfers from the applicant. Some common gifts that can pose problems include donations to charity or gifts to family members such as money to pay for education or to pay down debt.

 Some well-intentioned adult children may transfer their parents’ money into their names in an attempt to help preserve assets. They mistakenly believe that by taking the money out of the parent’s name and “holding” it for them in their own account, that the state will not count the money as asset. This is not a good option. The state could actually penalize this ALTCS applicant according to the amount of money transferred. The more money that was transferred, the longer this applicant will go without full long-term care coverage from the date he or she would otherwise qualify.   

 Please remember that we are here for free pre-screens to help you determine whether or not you have issues such as these that may threaten ALTCS eligibility. The good news is that, oftentimes, these issues can be corrected.

 You can reach us toll-free at 1-800-243-1160 or you can visit our website at www.MyALTCS.com and check your eligibility by using our free Quick Calculator to determine if you may need to seek legal advice before applying for ALTCS.

 Happy Holidays from the Elder Law team!

The Holidays can be an overwhelming time for many.   This season can bring out many emotions as we remember loved ones who have passed away.  As some remember the past and the care they provided to their loved ones, others are preoccupied with their current caregiving experience.  Now is the best time to remember that the caregiver needs care too.  I know as a caregiver myself that tending to our own needs is often the last thing on our long list of tasks.  Don’t forget to take sometime for yourself.   And don’t forget to ask for help when needed. 

The social service team here at Jackson White are available to assist you on your caregiving journey.  Don’t hesitate to call us with your questions about long term care, placement and other support services.

Tis the season for reflection and appreciation!   

Please join JacksonWhite and Hospice Family Care for a presentation about an important but often misunderstood benefit for Wartime Veterans.  Find out how the VA Aid and Attendance benefit can help your clients pay for needed care.

Wednesday, Dec 16th at 12:00-1:30pm

Hospice Family Care- 100 E. Sheldon Street- Prescott

RSVP to Ned Dagle, Hospice Family Care to reserve your spot. 928-541-1740

Tags: Help Paying for long term care, Prescott, VA Aid and Attendance

Passing the medical PAS (pre-admission screening) is as equally important as meeting the income and resource criteria for ALTCS.  The applicant needs to score at least 60 points on the PAS in order to be approved.  The applicant will be scored based upon on much hands on assistance is needed in completing their ADL’s such as bathing and dressing.  A person with proof of a clinical diagnosis of a Dementia will receive an automatic 20 points.  A person with a form of paralysis will receive an automatic 6.5 points.  The applicant will need to show proof of the paralysis with medical records.  Right or left sided weakness will not count.   An applicant with a current prescription for oxygen may also receive an automatic 5 points based upon how often it is used.

Tags: ADL's, ALTCS Eligibility, Medical PAS

So many of our calls that come in for our “Free Pre-Screen” have to do with Advance Directives -  or I should say – the Lack of having Advance Directives in place.  Please do not wait to complete your power of attorney forms.   You should have a Financial Power of Attorney, Medical Power of Attorney AND the Mental Health Power of Attorney forms done.  All of these needed documents are on our website for FREE!!!  Please don’t put off doing them.   If you do not complete these documents and something happens to you that you are unable to make your wishes known, emergency gaurdianship can be very expensive. 

The document we get asked about the most is the MENTAL HEALTH  POWER OF ATTORNEY – Yes you need one!!!!!  Even in rare circumstances that you may need to be admitted to a Level One behavioral health center and need psychotropic medication – this is the only way your agent can admit you.   A medical Power attorney document in not enough in AZ. 

Free Form…vs…..Expensive Guardianship- the choice is yours!!!

Tags: Power of Attorney

Question: “The hospice social worker recommended that I look into Arizona Long-Term Care System (ALTCS) for my husband. This is a second marriage for both of us and we have always kept our finances separate. How can I protect myself and still get him the coverage that he needs to pay for his care?”

Answer: This is a very common concern that we hear at JacksonWhite while conducting our pre-screen benefit eligibility assessments. As with every major life decision we make, there are privileges and responsibilities that go along with it. Marriage is no exception. Arizona is a community property state, which essentially means that when married, what’s mine is yours and what’s yours is mine. When the State is determining countable resources or assets for married couples, they make no differentiation between the husband’s assets and the wife’s assets. They are counted together regardless of whose name is on which account.

As it relates to the question above, by being married, the wife cannot hold back her assets from being considered by the State. They will count along with her husband’s in determining how much money the couple may or may not need to spend down in order for the husband to qualify for ALTCS. On the flip side, marriage offers certain privileges which off-set the responsibilities when it comes to ALTCS. Spousal anti-impoverishment laws are in full force to protect the well-spouse, or the wife in this scenario. ALTCS eligibility requires that a married couple’s countable resources are divided in half. The well-spouse keeps their half and the ill-spouse spends their half down to $2,000. The anti-impoverishment laws allow the well spouse to maintain more than the “half” if proper planning is done.

 Every couple’s financial situation is different and there is no cookie cutter approach to ALTCS financial eligibility. It is important to note that there are exceptions and rules when determining the amount of assets that are considered countable resources. The Elder Law team at JacksonWhite is here to support you in navigating your options for long-term care before you apply for ALTCS. Give us a call at 1-800-243-1160 for a free pre-screen or visit http://www.MyALTCS.com and use the quick calculator to get started on your road to ALTCS approval!

While visiting a client in a nursing home last week to get some legal documents signed and to finalize the approval of ALTCS, the wife of the client told me a very interesting story.  It is her story….one that she felt so profound she wanted to share with me. 

Her husband is in the nursing home.   He has a room mate.  The two wives have become close as every day they visit their husbands and talk.   Mrs S, our client, moved her husband in almost the same time as Mrs H moved her husband in. Both did consultations with JacksonWhite, as both had too much to qualify for ALTCS yet did not have enough funds to pay privately for the $6000/month care their husbands were requiring.  Mrs S and Mrs H both had approximately the same amount of assets.  Mrs S decided to proceed and let JacksonWhite handle the application process and the preservation of funds.   Mrs H, decided that the flat fee from JacksonWhite was too expensive and decided to proceed with application on her own.   Mrs S, after giving me a huge hug, said that her husband had been approved with our help in less than three months, we were able to protect all remaining asset, do all the leg work, do all the necessary legal documentation to protect house AND she got a refund from the nursing home for the months her husband was “pending” ALTCS.  Sadly, Mrs H was still struggling.  She had been paying privately this whole time, has has such trouble getting all needed documents together and it looked like she was going to be denied ALTCS due to an issue that we had easily fixed for Mrs S.   She was distraught and overwhelmed and worse even, running through all of her savings to pay for care while she tirelessly worked on the ALTCS piece.  Now that Mrs S’s husband is approved for ALTCS she is now only paying $200 for share of cost she is able to relax and  be there for her husband while Mrs H is still floundering and having trouble.   Mrs S said to me…”my heart breaks for Mrs H, she should have just used your services and she would be all done, just like me”.

It is true that legal fees are expensive, but so important to weigh the potential loss if application is done incorrectly or denied.    There is certainly something to be said for getting it done right the first time and having peace of mind knowing the application and eligibility issues are all being dealt with correctly.  Mrs S thanked me over and over and whispered to me…”hiring JacksonWhite was the smartest money I have ever spent”…..