Elder Law Issues

What if I Don’t Have POAs?

POA, in this case, stands for power of attorney. These documents determine who will be making financial or health care decisions for you when you are unable. If you choose not to create these documents, it can cause confusion and possible court proceedings. In Arizona, a guardian may need to be appointed by the court to handle medical and care decisions for you, and a conservator may be needed to manage your finances. Both put decision making into the court’s hands instead of your own. Fortunately, both can be avoided by properly executed powers of attorney.

We further discuss the question of, “what if I don’t have POAs?” in this podcast.

College bound estate planning is not something many people consider as their child goes off to university. Once someone turns eighteen, most parents will no longer be their legal guardian. This may lead to a loss of access to information about their child. Hospitals, universities, banks and other institutions will likely not divulge any information about the adult child that is protected.

In this podcast we discuss options that parents have for staying in the loop on their children’s health and finances. Whether it is using forms provided by various institutions or taking your child to see an attorney before they go off to school; it is best to do some college bound estate planning before they leave.

Naming a Fiduciary Who Will Just Hire the Firm.

Many clients want to name their children, friends or other family members in fiduciary roles in their estate planning documents. Some may also have the expectation that these individuals will simply request the law firm that drafted their documents to assist them. In this podcast, we discuss why this is not always the case. Sometimes the firm that drafted your documents will not be able to represent your family member, and even if they do… this does not take away all of that family member’s duties and responsibilities. Which is why you should take some time to think before naming a fiduciary who will just hire the firm.

Clients often become wary of updating their estate plans after they receive a dementia diagnosis. Fortunately, a diagnosis is not necessarily the cut off for capacity. In this podcast we discuss the level of capacity required to complete estate planning documents. We also discuss some of our experiences with clients who have cognitive impairment diagnoses of various persuasions. Many of them were still able to articulate their wishes and update their documents.

A dementia diagnosis does not have to put a stop to your estate plans. In fact, it may be a good indicator to speak with an attorney before it becomes too late.

Why Won’t My Family Share Trust Information?

This may be one of the most common questions we receive as an elder law firm. It may be that you are not entitled to the information… or that the trustee is deliberately hiding information you are entitled to receive. Without a copy of the trust, it is impossible to say. Unfortunately, there is no repository of trusts created for law firms such as ours to draw from. Even if you do have a copy, there is not even a guarantee it is the most recent version of the trust. In this podcast we discuss what your options are and when to seek legal advice.

Hopefully you’ll think of this podcast if you ever wonder, “Why Won’t My Family Share Trust Information?”

AI in The Practice of Law

AI is becoming a greater part of everyday life and that includes the legal profession. In this podcast we discuss the applications and pitfalls of AI in the legal space. We touch on hallucinations, confidentiality concerns and human review. Time savings, research and analysis benefits are also points of discussion we will mention.

Our experience includes the use of the Clio case management software and its AI systems (especially Vincent), as well as other larger language models.

Hopefully this discussion will provide you with a better understanding of AI in the practice of law.

Gray Divorce is a concept where older couples divorce late in life. This can be done for personal reasons; however, many wish to use divorce as a tool to get an unwell spouse onto public benefits. While this can work under certain circumstances, we discuss why in most this is unadvisable. Divorce can also have unintended consequences. Such as, the capable now ex-spouse having no authority over medical decisions or the estate of the unwell spouse.

The wealth distribution also needs to be considered after a divorce. If the assets are evenly split, the capable spouse may be left with a residence and no cash or vice versa. Agencies will look at the divorce with scrutiny if the asset split is much more favorable to the capable spouse. In this podcast, we discuss alternatives and possible scenarios where a gray divorce might make sense.

Family Real Estate Assistance

It is somewhat common for family members to want to assist their loved ones with real estate purchases. Whether this is help with a down payment, outright gifting of a property, or some kind of loan. For estate and tax purposes; however, it is important to be clear about the type of help you are giving. Family real estate assistance can be an amazing gift if done right but good documentation is needed for this. We discuss potential mistakes and consequences for not creating this documentation in this podcast.

Today we are joined by friend of the firm (and fellow Tucson attorney), Jeffrey Neff from Neff Law, PLLC.

Today we are taking a look at the Hermitage No-Kill Cat Shelter & Sanctuary. Cats have a special place in many of our hearts. Several of our staff own cats and one of our attorneys, Jordan S. Young, even volunteers for the Hermitage. We discuss the Hermitage in this podcast because many of our clients discuss ways they would like to provide for the care of their pets after they pass. The Hermitage has a program specifically for this, so we believe taking a look at the Hermitage may give you some helpful ideas on how to incorporate your furry friends into your estate plans.

This week we are joined by Michelle and Tiffany from the Hermitage No-Kill Cat Shelter & Sanctuary.

AI and Deeds

We have had many clients over the past couple of years wonder if Artificial Intelligence could create deeds and other documents for them. While AI can create documents, we do not often recommend using it for this purpose. AI lacks nuance and expertise. It can also make errors that are easy to overlook. In this podcast we discuss artificial intelligence’s role in creating deeds. We also touch on a human attorney’s role in the preparation of a deed and the positives they bring to the table.

Today we are joined by friend of the firm (and fellow Tucson attorney), Jeffrey Neff from Neff Law, PLLC.