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Who Can’t Care For Themselves

Phoenix Legal Blog

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

Veterans Benefits for Assisted Living?

Yes! You may qualify for Veterans benefits for assisted living. The Veterans Administration offers an Aid and Attendance Pension to reimburse wartime Veterans and their surviving spouses for out of pocket medical and care expenses.  Never heard of that?  Not many have because their military service may have been decades

The Attorney’s Role in Medicaid Planning

Do you need an attorney for even “simple” Medicaid (ALTCS) planning? This depends on your situation, but in most cases, the prudent answer would be “yes.” (ALTCS is Arizona’s long term care Medicaid insurance program.) The social worker at your mother’s nursing home assigned to assist in preparing a Medicaid

Should I Add My Daughter to My Bank Accounts? No.

Adding adult children, relatives, or friends as joint owners on bank accounts is a popular practice among the elderly.  What they may not realize is that this opens themselves up to unintended consequences and risks that we cannot legally or easily fix.  (The following does not pertain to joint ownership

Using Estate Planning to Prepare for Medicaid

Long-term care involves not only a loss of personal autonomy; it also comes at a tremendous financial price. Proper planning can help your family prepare for the financial toll and protect assets for future generations. Long-term care can be very expensive, especially around-the-clock nursing home care. Most people end up