Archive for March, 2011

Current events shaping AZ probate law?

As legislators and concerned citizens throughout the state have discussed revising AZ probate law, it has been interesting to see how different events have shaped the nature of the debate.  As is often the case with the law, unforeseen events can shape the way legislation is drafted and implemented, and the upcoming changes to the Arizona Probate Code have been no exception to this process.  Take Senate Bill 1499, for instance, which its detractors allege was drafted as a direct result of the Walt Disney probate battle that is underway in Arizona Probate Court. If you recall, Walt Disney’s granddaughter,

Problems with long-term care insurance

We spoke last time about an article from Time Magazine that extensively covered some of the long-term health care issues that you may encounter while caring for elderly parents in AZ.  A big portion of the article was devoted to the problems that long-term health care insurance is fraught with, which are problems worth discussing here.  By coming to terms with what long-term health care insurance really offers, you may gain a better idea of whether you or your family member should engage in ALTCS planning to prepare to apply for Arizona Medicaid. While it is no secret that long-term

The future of AZ probate law

We have devoted quite a bit of attention to purported problems with AZ probate law, as well as to some of the proposed solutions that the legislature has considered.  While it took quite some time, it looks as if the legislature has narrowed down its choices to two pieces of legislation, House Bill 2424 and Senate Bill 1499.  We devoted a blog to each of these bills, but it might provide additional clarity to look at the two bills side-by-side. Both the House Bill and the Senate Bill are designed to increase fiduciary accountability under the Arizona Probate Code.  But

The future of AZ guardianship law: SB 1499 or HB 2424?

For months now we have been talking about some of the perceived problems with AZ guardianship and AZ conservatorship law, as well as some of the proffered solutions to these problems.  Most recently, we devoted a couple of posts to what have become the state legislature’s primary alternatives, SB 1499 and HB 2424, but it might be helpful to look at the two bills side-by-side to get a better idea of how they compare to one another. While both bills are purportedly designed to protect wards and their families, the way in which these bills offer these protections is quite

Do not expect an inheritance to do the job of a special needs trust

Most parents of a child with special needs are at least somewhat familiar with special needs trusts.  Nevertheless, not all of these parents actually establish a special needs trust for their child with special needs.  These parents might derive a false sense of comfort, even without establishing a special needs trust, because they have other children whom they believe will care for their special needs child after they are gone.  Parents who leave their other children substantial inheritances are particularly susceptible to developing this false sense security. As you can probably surmise, any number of problems can arise when parents

Pension, one of the Veterans Administration benefits, is a needs based program that offers cash assistance to veterans who meet certain requirements.  The Veterans Administration examines veterans’ incomes closely to make sure they meet certain income requirements; and veterans with excess income are not eligible to receive the benefit.  Married veterans applying for Arizona VA benefits many times wonder whether they must include their spouse’s financial information when submitting an application.  And, while the answer to this question is yes, it is sometimes the case that including a spouse’s financial information actually helps a veteran qualify for Pension. The amount

HB 2424

Last time we discussed SB 1499, the Senate’s proposed legislation to update Arizona probate law.  In this post, we will devote our attention to the House’s proposed legislation, HB 2424.  Like SB 1499, HB 2424 proposes several changes to AZ probate law, although the focus of these changes is quite a bit different from the focus of the Senate’s proposed changes. HB 2424 strives to heighten fiduciary accountability under the Arizona Probate Code, but instead of increasing judicial oversight, the House Bill gives wards and their families more authority to protect themselves.  For instance, HB 2424 creates an extra-judicial committee

Debunking long-term health care myths

All too many Arizonans fail to make adequate preparations for their long-term health care.  And while not everybody adheres to identical reasoning, there seems to be a few common justifications that people give for neglecting these important considerations.  And unfortunately, many of those who overlook the issue of long-term health care miss out on valuable benefits, such as Arizona Medicaid.  To help you conceptualize long-term health care, it is important that you do not ascribe to any of the following false notions. Medicare will pay for long-term health care. Medicare covers acute care, not long-term health care.  At most, Medicare

National Prescription Drug Take-Back

Statistically speaking, seniors tend to receive a greater number of prescriptions than other groups of people.  And resultantly, many seniors have numerous prescription medications stored in their homes, some of which they may no longer need.  Unfortunately, this unique circumstance can make seniors prime targets for theft, as there is a growing demand for certain prescription medications in black markets. Of course, seniors can protect themselves from this type of activity by simply ridding their homes of unneeded or expired medications, particularly of the narcotic variety.  To help facilitate this, the Drug Enforcement Administration has partnered with Arizona law enforcement

AZ veterans benefits for veterans without service-related injuries

One common misconception about Veterans Administration benefits is that they are only available to veterans who were injured or disabled during their time in the service.  The truth is, however, that this requirement only applies to the Compensation benefit.  As the name indicates, Compensation is designed to compensate disabled veterans who sustained a service-related injury or disability.  But in addition to Compensation, the Veterans Administration also offers benefits such as Pension, Housebound and Aid & Attendance benefits. Pension is relatively underutilized by Arizona veterans, which might stem from the common misconception that only veterans with a service-related disability are eligible. 

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