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Phoenix Legal Blog

After a Dementia Diagnosis: Preparing for the Future

A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease, can feel overwhelming and upsetting. You might worry that you will lose control over your life and ability to make your own decisions. Fortunately, receiving a diagnosis of dementia or Alzheimer’s does not mean that

Should I update my estate plan from another state if I moved to Arizona?

Maybe.  Although Arizona will generally recognize a will, trust, or powers of attorney validly executed in another state, there may be legal or practical considerations to ensure the most favorable outcome. For instance, a client complained that a hospital rejected his parent’s power of attorney for health care decisions.  If

What’s the Difference Between Alzheimer’s and Dementia?

Dementia is a general term that refers to severe memory loss and problems with thinking, behavior, and social skills that interfere with daily life. According to the National Institutes of Health, this neurological condition affects one in seven adults over age 71. Alzheimer’s disease is a type of dementia and

What to Do If Your Medicaid/ALTCS Application Is Denied

If you apply for long-term care assistance through Medicaid [ALTCS in Arizona] and your application is denied, it may feel hopeless. The good news is that you can appeal the decision. Medicaid is a program for low-income individuals, so it has strict income and asset eligibility requirements. Qualifying for ALTCS

Professional Trustee: Corporate vs. Licensed Fiduciary?

Should you appoint a professional to handle your trust or estate?  A crucial part of estate planning is selecting the right individual to make decisions for you when you are unable to, whether due to your death or incapacity.  This may be under your trust, will or powers of attorney

Guardianship: When Can Someone Be Declared Legally Incapacitated?

If a loved one is experiencing memory loss or suddenly making poor decisions, you may want the court to appoint a guardian, which requires a declaration of incapacity. Determining whether someone is incapacitated to make their own decisions is a complicated process. What is a Guardian? If a loved one

ABLE Accounts vs. Special Needs Trusts: Why Not Have It All?

If you have a child with disabilities, it is crucial to set money aside for the child’s future. At the same time, you need to consider your child’s access to public benefit programs such as Medicaid and Supplemental Security Income (SSI), as well as the state and federal tax implications.

What is the Difference Between Elder Law and Estate Planning?

Lots of people don’t fully understand the difference between elder law and estate planning— and that’s okay! We get it. Many elder law attorneys also specialize in estate planning, as the two often go hand in hand. This can make it a little confusing to differentiate one from the other.

What is the ALTCS Five Year Look Back Policy?

Many people fear the ALTCS/Medicaid Five-Year Look Back Policy—and they should!  (ALTCS stands for Arizona Long Term Care System, which is Arizona’s Medicaid program for long term care, such as assisted living or nursing homes.) The Policy is intended to punish ALTCS applicants or recipients who attempt to hide their