Arizona Senior Law

Are you concerned about your parents as they age and where they will live?

Not sure whether they can remain safe at home, eat nutritiously, take medications appropriately, and stay on top of doctors appointments?

Have you and your loved ones appropriately planned for the future?

Are risk management and legal issues in place to protect you and your resources?

 Hear from experts in long term care and planning at this free seminar.

“You Have Choices” a Trends in Aging Seminar

 Location: Sunset Library

4930 West Ray Road

Chandler, AZ 85226

Date: Monday, May 3rd

Time: 6:30 p.m.

For additional information, call 480-245-6103.

Tags: aging, home care

NORTHERN ARIZONA GERONTOLOGY ASSOCIATION (NAGA)

Please join us for our annual conference in beautiful Flagstaff Arizona -  CELEBRATING YOUR UNIQUE SPIRIT!!!

  Friday, May 7, 2010 8:30 AM – 2:00 PM

Federated Church 406 W. Aspen Avenue, Flagstaff, AZ

Cost: $20 — Make checks payable to NAGA

 TOPICS THAT WILL BE DISCUSSED:

Recognizing Sadness, Anxiety & Depression in Older Adults & What We Can Do — Mary Mareck, MSW

 Introduction to Tai Chi 

 What is Normal Aging? What is Dementia? — Dr. Marwan Sabbagh, Neurologist, Banner Health Care

Lunch provided by Simply Delicious….Raffles…..much more!

We would love to have you join us!  

Registration Deadline: April 28, 2009    For information, call Meg Leander at (928) 221-1600 or the Area Agency on Aging at (928) 213-5254 or         (877) 521-3500 

According to U.S. News and World Reports (February 2010 Edition), the following  four nursing centers in Arizona were considered Arizona’s best!  The results are based on health inspections, amount of nursing home care and the performance in a range of quality measures.   Congratulations to these facilities!   JacksonWhite is proud to be your partner within the health care community.  

Christian Care Center, Phoenix

Classic Residence by Hyatt at Grayhawk, Scottsdale

Lingenfelter Center, Kingman

Sonora at Splendido, Tucson

WE ARE PROUD OF YOU AND THANK YOU FOR

YOUR COMMITMENT TO THE SENIORS OF ARIZONA!

Tags: Arizona's best nursing centers

Personal representatives have a fiduciary duty to act in the best interest of the estate they are appointed to administer.  This fiduciary duty prohibits personal representatives from acting to advance their own interests.  However, many times those appointed as personal representatives are also situated to inherit a portion of the decedent’s estate.  Because these situations are inherently susceptible to conflicts of interest, Arizona has passed specific legislation with instructions on how to approach them.

Conflicts of interest include any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative.  A.R.S. §14-3713.

Where a personal representative enters into a transaction that creates a conflict of interest, any person with an interest in the estate can petition to have the transaction voided.  There are some exceptions to this general rule, however.  Transactions cannot be voided for conflict of interest where:

• The person seeking to have the transaction voided consented to the transaction after fair disclosure.
• The Will expressly authorizes the transaction.
• A contract entered into by the decedent authorizes the transaction.
• The personal representative gave notice to interested persons and received approval by the court.

Personal representatives, then, are generally prohibited from acting in their own interest when administering a probate estate.  However, they are permitted to act in accordance with the Will, even if it promotes their self-interest.  Where the Will does not give express permission, personal representatives may still be able to enter into certain transactions by obtaining the approval of the court and providing adequate notice to interested parties. 

None of this should be handled without the assistance of legal counsel.  When entering into transactions that create the appearance of a conflict of interest, personal representatives should seek legal assurance that their efforts will be upheld.  An Arizona probate attorney is best qualified to assist in this manner.  For a consultation with a probate  attorney at JacksonWhite, please call (480) 464-1111 and ask speak to someone in the Elder Law department.

Tags: Arizona, conflict of interest, court, legal counsel, personal representative, probate, Will

JacksonWhite is proud to participate in Synergy Home Care’s 1^st Annual Northwest Valley Sunset Health Fair this Saturday, March 20^th from 9am to 1pm at Sunset Ford on the corner of 91^st Avenue and Bell Road in Peoria.

Vendors from across the spectrum of healthcare will be on hand to discuss products and services available in our community. Representatives from home health care, assisted living, hospice, insurance, and medical equipment companies are just a few of the providers who will be onsite.

Healthcare professionals will also be on hand to offer free blood pressure checks, optical screening, body fat testing, and seated massages. This event is open to the public and there is no charge for admission. Opportunities to win raffle prizes from the vendors will take place every 15 minutes.

Health fairs are a great way to explore available resources while spending time with loved ones.  A casual, fun environment allows participants to obtain general information on the topics that they are most interested in. Vendors are always happy to offer follow-up contact if you would like to discuss a more personal situation with them based on your specific needs or circumstances. It is never too early to take charge of your health!

Lately, it seems that I am frequently asked  by professionals that work in the health care field – “Why should someone apply for ALTCS benefits given the economy and our state’s deficit problems?”   It’s a good question.   If we hear that eligibility is harder, services are more difficult to ascertain, that providers are opting out of the program because of low reimbursement…it may seem the barriers are too many to overcome. 

I suppose it would be great if everyone could pay privately for all of their care, or find alternative benefits, such as the Wartime Pension through the VA to help out.  But, as I see it, it is important to remember that  few folks can pay privately for long-term care for very long.  Think of your parents or your own personal situation, if faced with a nursing home bill of over $5,000/month….How long could you pay privately?   Would you need help?

 Our state has devised a program that works, it covers care at the lowest level possible in the most cost effective setting.  Seems like this is the right thing to do.  We could be in a state that basically gives help to those only needing a nursing home at the highest cost to the state.  Instead, ALTCS provides services – not 24 hour – but certainly a lot of care, in their own home with a variety of home and community based services to help keep the member in the lowest level of care possible.  Then will also cover assisted living and group home care.   Nursing home care is a reality for some, but our state allowing members to get care in a lower cost setting makes sense for both the state and the member.

The program contractors ( insurance companies contracted by state to provide care)  are in a difficult spot, they must provide all needed care in a cost effective manner.  They are stewards of the State/Federal dollars.  They need to make sure there will be monies left for the next guy while at the same time keeping our members safe and well taken care of .  I’d say this is a good thing.   Is our system perfect?  No.  But since the majority of folks needing long term care…assisted living….home and community based services…do not have enough money to pay for  services for any length of time, I am glad we have this safety net here in Arizona.   I’m glad help is out there and I am proud that our system is working in a cost effective manner to make it work for both the state and the Arizona resident!

Tags: AHCCCS, ALTCS, ALTCS Eligibility, Family & Caregiver, Public Benefits, Social Workers

A substantial number of people in need of long-term health care have too many assets to qualify for ALTCS, but not enough to cover the future costs of expensive medical treatment.  Faced with this dilemma, many individuals mistakenly believe that their only option is to become destitute by spending all of their savings on health care before later applying for the ALTCS benefits.  While this is indeed one option, it is clearly not one that is attractive.  A better alternative involves creating a special needs trust. 

Special needs trusts provide a way for people to retain their savings, while at the same time remaining eligible for public benefits.  Assets in a special needs trust are not counted when determining eligibility for AHCCCS medical insurance, ALTCS long-term health care coverage, or SSI cash benefits.  As such, applicants who would not otherwise be eligible to receive these public benefits may be able to qualify after creating a special needs trust.

The purpose of a special needs trust is to supplement the assistance provided by the public benefits that the individual is receiving.  As such, once assets are placed into the special needs trust, the trust assets can only be used for allowable expenses.  Trust assets used for impermissible expenses can be counted as income, causing the individual to be disqualified from public benefits.  Special needs trust funds can be spent on the following types of expenses:

• Home maintenance or repair.
• School tuition and books.
• Appropriate entertainment expenses.
• Supplemental caregiver services.
• Trust management expenses.
• Prepaid burial plans.
• Medical services not covered by public benefits.
• Personal care.
• Clothing.

A special needs trust provides a means for recipients of public benefits to improve their quality of life.  By placing assets in a special needs trust to be used for their supplemental needs, individuals can ensure that their care and comfort are attended to, while remaining eligible for the public benefits they require.  For a consultation with an attorney at JacksonWhite, please call (480) 464-1111 and ask speak to someone in the Elder Law department.

Tags: AHCCCS, ALTCS, Arizona, Assets, Elder Law, Mesa, Public Benefits, special needs trust, trust

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