SEPTEMBER 6, 2010 VOLUME 17 NUMBER 28 The question addressed in a ruling last month by the Arizona Court of Appeals seems provocative. In a lawsuit based on the Arizona law prohibiting abuse, neglect or exploitation of vulnerable adults, does the very life of the abused senior have any intrinsic value? The Court’s answer: perhaps, [...]
Distinguishing Two Kinds of Special Needs TrustsAUGUST 23, 2010 VOLUME 17 NUMBER 27 It really is unfortunate that we didn’t see this problem coming. Those of us who pioneered special needs trust planning back in the 1980s should have realized that we were setting up everyone (including ourselves) for confusion. We should have just given the two main kinds of special [...] Book Review – Still AliceStill Alice is a novel about a fifty-year old woman who is diagnosed with early-onset Alzheimers. Alice is a Harvard professor in cognitive psychology. She is a brilliant woman who presents at several conferences around the world annually. She is at the height of her career when she begins noticing some forgetfulness, including names, words [...] Conservator May Be Able To Act As Successor TrusteeAUGUST 16, 2010 VOLUME 17 NUMBER 26 Let’s say you have created a revocable living trust, and you have named yourself as trustee. You also name your two children as successor trustees, to act together upon your death or incapacity. Two years later you become incapacitated; because of a dispute between your two children about [...] Estate Tax or Death Tax — Who Actually Pays Any?AUGUST 9, 2010 VOLUME 17 NUMBER 25 Want to read about the debate over estate tax reform/repeal/reinstatement? There is plenty of literature. You can easily learn about the history of the estate tax (going back to 1797 in the United States, or to the 7th century BCE elsewhere). Want more? You can see the arguments [...] Improving Communication Between You and Your DoctorAUGUST 2, 2010 VOLUME 17 NUMBER 24 Your doctor is busy. She is seeing dozens of patients every day, and their insurance plans force her to get those patients taken care of and out the door quickly. By default, she may limit her contact to the minimum necessary to diagnose and treat. But you want [...] Reciprocal Wills Enforceable After Death of One SpouseJULY 26, 2010 VOLUME 17, NUMBER 23 Imagine a couple, each married for the second time. Perhaps each has children from a first marriage. Perhaps the couple has been married for years — even decades. They think of all the children as “their” children, even though they fully understand that the other spouse’s children are [...] Interstate Guardianship Law Adopted in ArizonaJULY 12, 2010 VOLUME 17, NUMBER 22 Among the less-controversial steps taken by the Arizona Legislature in 2010 was the adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which is usually referred to by its unpronounceable acronym UAGPPJA. The new law, which becomes effective on July 29, should make it easier for [...] Late Request Does Not Prevent Fee Award to Trustee’s LawyerJUNE 28, 2010 VOLUME 17, NUMBER 21 Mesa, Arizona, lawyer Donald C. Galbasini first began representing members of the Tremble family in 1998. That was when he filed a notice that he would be the attorney for Vernice Tremble, who was serving as conservator for Edward Tremble, Jr., her grandson. Nine years later Vernice Tremble [...] Home Mortgage Lender Pays Damages in Repair SchemeJUNE 21, 2010 VOLUME 17, NUMBER 20 [This week's Elder Law Issues article, about a home repair / home loan scheme, was contributed by our friend and colleague Prof. Rebecca Morgan. Prof. Morgan holds the Boston Asset Management Chair in Elder Law (and is the Director of the Elder Law LL.M. program) at Stetson University [...] |
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