Arizona Senior Law Blog

Determining the Cost of ALTCS

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: My neighbor informed me that when her mother got on the Arizona Long Term Care System program, ALTCS garnished her Social Security income. My dad now needs long-term care, but my mom relies on his Social Security income to pay her mortgage. Will ALTCS garnish my dad’s Social Security if he applies for benefits? Answer: The concise response to your question is that ALTCS will not garnish your father’s Social Security income. However,

Changes to Long-Term Care

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: Can you tell me if the Arizona Long Term Care System income and resource requirements have changed for 2015? Answer: ALTCS updates its financial requirements on a semi-annual basis, and the big changes occur in January. This year brought about a few changes that are worth mentioning. First of all, the resource requirement for a single individual remained the same — $2,000 is the maximum amount of available resources that is allowed. Spouses

VA Proposes Asset-Transfer Penalty

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: In a previous article, you indicated that in determining Veterans Administration Pension eligibility the VA does not set forth any penalties for the uncompensated transfer of assets. You also indicated that this might be changing. Have any changes to this law occurred? Answer: Veteran’s Pension is a cash assistance program available to veterans who served at least one day in a wartime period; were discharged other than dishonorably; and who meet resource and

Handling Probate Without Stress

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: My father recently passed away. He was a widower with a small house and a meager nest egg. I have heard that probate can be a complicated process, and I want to avoid it if possible. Is it necessary for me to go through the probate process? Answer: Probate is not an inherently terrible process, but it is not one that everybody has to go through. The first step is to determine whether

Veterans’ Benefits Under Review

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: I understand that, as a veteran, I might be eligible for Veteran’s Pension and Veteran’s Aid & Attendance. You indicated that the resource requirement associated with them is somewhat subjective. Can you provide more insight as to the assets I can have and remain eligible for these benefits? Answer: Veterans Pension and Veterans Aid & Attendance are available to those whose income and resources are below a Congress-prescribed amount. While the income limit

Fund Transfers Affect ALTCS Eligibility

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: Two years ago, I gave about $70,000 to my son for a down payment on his home. Now, I am looking to apply for the Arizona Long Term Care System for my wife, but I understand ALTCS is not available to people who have given away money within the past five years. Is there any way my wife might qualify, despite the gift to my son? Answer: ALTCS looks back five years to

Dad’s Gross Income May be Too High

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: My dad lives in a skilled nursing facility, and he has spent nearly all of his savings on his care. Three months ago, we applied for the Arizona Long Term Care System, believing that he satisfied the eligibility requirements. We reviewed his bank statements, which revealed that he had $700 in his account and $1,900 of monthly income depositing each month. To our shock, however, his application was denied because he has too

Benefits Due Same-Sex Spouses

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: My partner and I were married in a state that allows same-sex marriage, and moved to Arizona shortly after our marriage. Both of us receive Social Security Retirement income, but my partner’s award is higher. Arizona did not allow same-sex marriages, at least until the recent federal Court of Appeals ruling. This being the case, will I be entitled to any of my partner’s Social Security award if she predeceases me? Answer: Last

Medicare Won’t Cover Long-Term Care

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: My parents are both getting up there in age, and I am concerned that one or both might need to move to an assisted living community in the near future. My research revealed that this arrangement could cost them about $5,000 apiece per month. I have heard about Arizona Long Term Care System, but my parents have Medicare. Won’t Medicare cover this type of health care? Answer: Put succinctly, the unfortunate answer to

Some ALTCS Concerns Unfounded

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Question: My wife is in need of long-term care, and we are contemplating applying for the Arizona Long Term Care System program. I have heard that ALTCS can somehow take the homes from applicants who are approved for benefits. Our home has been in a revocable living trust for many years, though, so it should be protected, right? Answer: Your house can be protected, but not because it is in a trust. To the

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