Arizona Senior Law Blog

Assets Key to Long-Term Care System

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 have been caring for my father for about a year, and I cannot provide him with the assistance he needs. We looked into applying for ALTCS, but my dad has too many assets to qualify. The ALTCS representative warned us against transferring dad’s assets. Is it possible for him to instead pay me for the services I have provided him as a means to help him meet the resource requirement? Answer: There

Living Trusts and ALTCS Planning

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: Several years ago, my wife and I set up a revocable living trust. We are contemplating pursuing ALTCS for my wife, and I understand that she has to meet a strict resource requirement. Given that all of our assets are titled to the trust, is it safe to assume that she satisfies the resource requirement? Answer: To answer succinctly, I would say that your assumption is incorrect, and that it is probably safe

Income Rules Affect Care Insurance

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 and I purchased long-term care insurance many years ago, and we recently had to submit a claim because of my wife’s admission to a skilled nursing facility. We were shocked to find the policy pays about $3,000 per month, but her care is closer to $8,000 per month. In exploring our options, we discovered we could apply for the Arizona Long Term Care System, but ALTCS has an income requirement, and

Child Unlikely Liable for Parent’s Bill

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 am in the process of securing nursing- home placement for my mother. My mother is unable to sign documents for herself, and the facility I have an interest in placing mom has asked me to sign her admission paperwork. I am concerned, however, that signing these papers will obligate me to personally pay for mom’s care. Answer: First, you are wise to be cautious about signing any document that might be construed

Understanding the Probate Process

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 Q:  My father passed away more than 15 years ago, leaving everything to my mother, who passed away last month.  I am an only child, and my mother’s last will and testament left everything to me.  My mom made me a joint owner on most of her accounts several years ago, but she still had one account in her name only when she passed away.  Do I really need to go through the probate

How to Secure Disabled Child’s Future

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. Q: I have an adult son with a disability.  He lives on his own, but I have supported him financially for most of his life.  I currently live in an independent living community, but there could be a time at which I transition to assisted living.  If this happens, I can see myself quickly depleting my resources.  Is there any way in which I can provide my son with some of my resources, and

ALTCS Enforces Travel Limitations

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. Q: My husband and I live in Arizona, but most of our family lives out-of-state.  Like many other couples of our age, we like to spend our summers in cooler climates, so we typically stay with our son, who lives in another state, for about four months of the year.  If I apply for the ALTCS program, will ALTCS have any problems with me maintaining this type of a travel schedule? I should preface

Intersection on VA and ALTCS Planning

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. Q: About two years ago, a financial advisor helped my parents devise a plan by which my dad, a veteran, could qualify for VA Pension.  This plan involved funding an annuity and establishing a trust.  The VA Pension now provides my parents with additional monthly income of about $2,000, but they are still having difficulty paying for dad’s care.  I looked into the ALTCS benefit, but discovered that the type of VA planning in

ALTCS Qualification With Business Assets

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. Q: I have operated a family business for most of my life.  While things have slowed down now that I am approaching retirement, I still work about 30 hours a week.  My wife has dementia and I think she could benefit from the ALTCS program.  Outside of the business we have meager resources, but my concern is that my business will prevent her from qualifying.  Can you shed some light on this, perhaps? In

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. Q: I read in a recent article that ALTCS imposes a penalty period, during which time it will not pay for care, for uncompensated transfers occurring in the five years preceding an ALTCS application.  Your article further expressed that the penalty period begins running when the applicant is “otherwise eligible.” Can you elaborate on this?  I ask because my mom gave me $50,000 last year, and we are now considering applying for ALTCS. The

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