Elder Law Issues

Now that you’ve moved to Arizona, do you need to update your estate plan? We talk through some of the issues. We start with: your old documents are probably still valid — but they might no longer reflect your current wishes. After all, more than just your address has changed.

Last week we gave listeners our Top Ten Reasons NOT to Sign a Trust. This week we follow up with the flip side: our top ten reasons TO establish a living trust. And please remember:

While we do prepare living trusts for many of our clients, some of them simply do not need (or, sometimes, want) to sign a trust. Several years ago our weekly newsletter listed our top ten reasons not to sign a living trust. In this podcast episode, we review those reasons.

Note that we are not telling people who fit within one or more of the headings we list here that they should not have a living trust as part of their estate plan. We’re just giving some cover to those who decide they’d rather stick with a more simple estate plan.

As we explain (over and over) to our clients, the decision to sign a living trust is seldom either a foolish one or a requirement. For most people, the choice is a cost/benefit analysis. We want to make the costs (and not just in fees) clear to clients. Next week we plan on focusing on the benefits.

Maybe you’ve made an initial appointment for your parent to come visit Fleming & Curti, PLC, lawyers. Or you’ve made your own appointment but want to bring along a trusted family member. We’re happy to have them come along, but they won’t be joining us in the conference room — at least not for an initial estate planning discussion.

But the family member might wonder: why do I have to wait in the waiting room? Our quick answer: because we want to be clear that everyone understands — the concerned relative is not our client. The person who might ultimately sign legal documents is our client, and we want to hear their voice in the exchange.

That doesn’t mean that we suspect them of exploiting their aging family member. It doesn’t mean that we won’t ever want to hear from them. But we’re very careful to make sure that our clients can explain what they want, and that they know we listen to their wishes. Let us explain further in this podcast episode.

Britney Spears’ very-public conservatorship dispute taught us all a lot about how guardianship and conservatorship work. Unfortunately, the news reports mostly taught us how news reports can confuse issues.

We all needed a definition of terms. “Conservatorship” in California (where Ms. Spears’ case played out) is different from the same term in Arizona. Guardianship and conservatorship terminology varies a lot by state, as it turns out. And (no surprise here) California happens to be a bit of an outlier.

Join us for our podcast discussion of guardianship and conservatorship terminology, and how Britney Spears’ case might have developed differently under Arizona law. And note that, after a one-month hiatus, we’re back!