Elder Law Issues

Von: Fleming & Curti PLC
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  • Inhaltsangabe

  • Each week we discuss various elder-law, and elder-law adjacent, issues. In plain language, we review estate planning, guardianship, special needs and other legal and practical developments.
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  • Pope Francis Left an Unusual Will

    Pope Francis Left an Unusual Will
    Apr 27 2025
    Pope Francis died earlier this month. You almost certainly knew that. But what you might not have heard or read about is that even the Pope left a will. The will Pope Francis signed two years ago, though, was unusual. It didn't address anything about his property, or who would receive anything. It didn't even indicate whether the Pope had any property to leave to anyone, or whether he had made other arrangements for property disposition. The Pope's will explicitly identifies itself as his last testamentary will. But it dealt entirely with his wishes for public viewing, burial and identification of his tomb. Pope Francis elegantly described his purpose and intent. But it wasn't a "will" in the sense that we usually think of. Is there a lesson for the rest of us in Pope Francis's will? You can include your funeral and burial wishes in your will, too. You can also include such provisions in your powers of attorney, or in a separate document intended to give guidance and direction to your survivors. And we think you should shoot for the quiet elegance evinced by Pope Francis. No need to write it in Latin; plain English should be fine.
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    10 Min.
  • Advance Directives and DNR Orders

    Advance Directives and DNR Orders
    Apr 13 2025
    Advance directives and DNR orders confuse laypeople. Especially in Arizona, where the existence of a special kind of advance directive adds to the confusion. We've written (and talked) about the Pre-Hospital Medical Care Directive before. It's an Arizona-specific form. Most people refer to it as "the orange form." And quite a few of them call it a DNR Order. It's not really a DNR, though it might get to the same result. It's actually more like the POLST paradigm, a concept familiar to people who live and work in other states. Or at least it is more like that in its effect. The Arizona orange form is nothing like a POLST order in appearance. Confused? Yeah, we get it. Join us for some discussion about advance directives and DNR orders. We'll try to make it make more senes.
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    9 Min.
  • The Social Security Fairness Act

    The Social Security Fairness Act
    Apr 6 2025
    The Social Security Fairness Act of 2023 was, confusingly, signed into law on January 5, 2025. More confusion: what the Act did was to eliminate Social Security's Windfall Elimination Provision. Wait -- it eliminated an elimination? Yes, that's right. At the same time, the new law also eliminated the Government Pension Offset. The WEP and GPO, together, had reduced Social Security payments for people who had paid into both Social Security and some other pension program. Those provisions were intended to prevent workers from qualifying for two different pension amounts -- but not because they didn't deserve the payments. In fact, they clearly DID deserve their full payment amounts. So now a lot of our clients suddenly see an increase in their Social Security pension amounts, plus sometimes sizeable back payments. In this podcast episode, we talk about the Social Security Fairness Act and how it affects beneficiaries.
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    8 Min.

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