Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Robert Fleming
Stamp Duty reform could boost North East housing market, says My Property Box CEO
Microsoft Cares About Your Privacy Microsoft and our third-party vendors use cookies to store and access information such as unique IDs to deliver, maintain and improve our services and ads. If you agree, MSN and Microsoft Bing will personalise the content and ads that you see. You can select ‘I Accept’ to consent to these uses or click on ‘Manage preferences’ to review your options and exercise your right to object to Legitimate Interest where used.
We want to take a few minutes to debunk some common myths about special needs trusts. We tackled a similar project last year, debunking myths about wills and trusts. But these trusts are special. And there are plenty of special myths about special needs trusts. Before we begin, though, we have to remind our readers: there are two very different types of special needs trusts. Actually, there are more than two. But for our purposes, we can identify all special needs trusts as one of two types.
Switching from inhaled to intravenous general anaesthesia
Robert Fleming, specialist anaesthetist1, Giovanna Kossakowska, consultant paediatric anaesthetist2, Aparna Trivedi, anaesthetic specialist3, Cliff Shelton, consultant anaesthetist, professor34 1Sherwood Forest Hospitals NHS Foundation Trust, Mansfield, UK 2Royal Manchester Children’s Hospital, Manchester University NHS Foundation Trust, Manchester 3Wythenshawe Hospital, Manchester University NHS Foundation Trust, Manchester 4Lancaster Medical School, Lancaster Correspondence to: C Shelton...
SAS and locally employed doctors deserve more support and respect
Partha Kar, consultant in diabetes and endocrinology1, Robert James Fleming, specialist (SAS) anaesthetist2, Somaditya Bandyopadhyay, specialist geriatrician3 1Portsmouth Hospitals NHS Trust, Hampshire, UK 2Sherwood Forest Hospitals NHS Foundation Trust, Nottingham, UK 3Surrey and Sussex Healthcare NHS Trust, Surrey, UK The medical workforce contains many doctors who are not consultants and who are not part of a recognised training programme.
Human Composting Will Soon Be Legal in Arizona
We wrote about the possibility just a month ago, but did not think it was coming to Arizona quite so quickly. But it has. Human composting will now be legal in Arizona. The Arizona legislature sent a new law to the Governor, and she signed it in recent days. Now, just 90 days after the legislature adjourns (no one knows when that will be just yet), the law will be effective. What is human composting? The proper name for the process is “natural organic reduction.” That should clear everything up. No?
Decarbonising public buildings
Decarbonising public sector buildings to help achieve net zero As the climate change crisis continues to accelerate, and with an estimated 40% of the UK’s emissions coming from households, it’s clear we must adapt the way we live to reduce our carbon footprint. Public sector bodies have been given zero-carbon targets to help reach net zero by 2050.
Oklahoma Living Will Case Shows Difficulty in Implementation
Imagine that you have been diagnosed with a serious and debilitating disease. Your prognosis is not good, and the likelihood that you will become incapacitated is high. One thing you should consider is execution of a living will and other advance directives. Of course, everyone should consider signing a living will and a health care power of attorney.
Is Interest in LEED Certification Declining?
The rating system is as important as ever for continuing the market transformation to green buildings, but several factors have contributed to a decline in LEED interest. As facility managers, especially if you’re in a healthcare setting, a crucial facet of the job is to ensure the well-being of people. Sustainable design and operations are like healthcare for the planet.
Keeping your home in the family - forever
Clients often tell us they want to keep their home in the family. Often they tell us that they want to make sure that their offspring will always have a place to live. Sometimes they worry about one child’s ability to afford a home, but want to be “fair” to other children. Or they expand on the personal attachment every child in the family has with the place where they all grew up. We often hear stories about the happy times in the family home.
Public Fiduciary Must Serve When Appointed
Every Arizona county has one. The public fiduciary in each county acts as guardian, conservator and personal representative. But they only serve when no one else is available. Or, perhaps, the available alternatives have demonstrated that they are unqualified. Other states have similar offices, but calling them “public fiduciary” is unique to Arizona. In other states they might be the public guardian (as in Utah), or public conservator (as in Michigan), or public administrator (as in New York).
Is Divorce a Strategy for Securing Long-Term Care Assistance?
We spoke at a seminar last week. An audience member asked: is divorce a strategy for securing government assistance with long-term care costs? Our short answer: usually not. But the fuller answer is more interesting. First, some background Sometimes seniors believe that their Medicare coverage will help pay the costs of long-term care. Their children often assume that government benefits will be available. But Medicare actually provides very little assistance with long-term care costs.
Supported Decision Making Comes to Arizona
Just a few weeks ago we told you about the Arizona legislature’s bill to create a “supported decision making” law in our state. We told you then that there was no chance the bill would even get a committee hearing, much less become a law. We were wrong. In a flurry of last-minute activity, the legislature cobbled together two different guardianship bills. With no committee review or general discussion, the legislature overwhelmingly adopted the hybrid measure.
Can a Conservator Change the Beneficiaries on an Account?
Can a court-appointed conservator change the beneficiaries on an individual’s investment accounts? It’s a question that comes up from time to time, and there is no clear answer. First, some definitions of terms. In Arizona, a conservator is appointed to handle the finances of a person who is in need of protection. That’s different from a guardian — the title for a person appointed to make health care and placement decisions. Other states use different versions of those terms.
How We Actually Use ABLE Act Accounts
We’ve written and talked about ABLE Act accounts before. But we’d like to revisit the subject with a very practical update. Let’s answer the question: how do we actually use ABLE Act accounts in our practice today? Start with a recap: what’s ABLE? Before we get practical, though, we do need to review the concepts. Congress adopted The Achieving a Better Life Experience Act (the ABLE Act) in 2014. Arizona created its version of ABLE in 2018.
Trustee Needs a Lawyer in Court Proceeding
It’s a question that comes up surprisingly often. Can a trustee represent herself in a lawsuit? In other words, does a trustee always need a lawyer in court? The short answer (there is some nuance): yes, a trustee needs a lawyer in court proceedings. Letting a non-lawyer trustee appear in court directly would amount to the unauthorized practice of law. A recent Alaska case illustrates the point Back in 2010, Robert Newman sold a piece of property in Fairbanks, Alaska, to Rodney Bluel.
What About a Special Needs Trust for Your Nephew?
You have a grandchild, or niece or nephew, with a developmental disability. You’d like to leave him (or her) some money in your will. Do you need to create a special needs trust for your nephew? The basic rule First, let’s be clear. Please do not leave your nephew any money outright. Say, for example, that you really like him, and want to let him know about your warm feelings for him. Your will says “I leave $20,000 to my nephew Brent.” That’s very nice.
The 56th Arizona Legislature is in Session. Uh-oh!
Here at Fleming & Curti, PLC, we’ve tried to keep track of what the 2023 Arizona legislature is up to. We monitor bills that affect our clients and the folks we advocate for, and in past years we’ve occasionally even travelled to Phoenix to testify. This year has been mostly pretty quiet — for us. Education, budgets and election rules have taken up most of the oxygen in Phoenix.
Aging and Dementia in the News Lately
Is it just us, or is the news filled with stories about aging and dementia in the past couple months? We’ve been reading stories and listening to podcasts about: Different ways to deal with dementia We heard a heart-warming podcast about aging and dementia last month. As part of the “First Person” podcast series, Lulu Garcia-Navarro interviewed artist Anne Basting about her strategy for engaging with people suffering from dementia.
Who Gets Special Needs Trust Balance on Death of the Beneficiary?
A special needs trust, of course, is for the primary benefit of the individual with a disability. But what happens on the death of the beneficiary? The trust might spell out its “remainder” beneficiaries — the ones who receive the balance on the death of the disabled beneficiary. But sometimes the trust just says that it goes to the beneficiary’s “heirs at law” under intestate succession rules.
Additional Information for Beneficiaries of a Special Needs Trust
Two weeks ago we offered some suggestions to help beneficiaries of special needs trusts better understand how their trust might work. At the end of that article we solicited questions we still needed to address. Based on that feedback, we have some additional information for beneficiaries of special needs trusts. If I don’t receive SSI, are the rules different? Supplemental Security Income (SSI) has the most commonly-cited eligibility rules. But maybe you, beneficiary, don’t receive SSI.
On Being the Beneficiary of a Special Needs Trust
There’s a fair amount of information available to guide the trustee of a special needs trust. That includes the popular Trustee Handbook from the Special Needs Alliance. There’s far less help for being the beneficiary of a special needs trust. Beneficiaries might legitimately have a lot of questions. Let’s see if we can help with a few of them. Do I have to ask the trustee for everything? The trustee of a special needs trust might be a relative or close associate.
Grandparent Visitation and Custody Disputes
We occasionally hear from grandparents who have visitation and custody disputes with their children. More commonly, they have disputes with their children’s spouses, partners or exes. The stories are often heartbreaking, and we want to help. Too often, our best advice is “you’ll have to learn to deal with it.” Court cases outlining grandparents’ rights to visitation and custody have tapered off in recent years. That’s largely because of the U.S. Supreme Court’s decision in Troxel v.
ABLE and SECURE Act Sequels
It was right there in the year’s name: 2022. Lots of sequels. See all those 2s in the year? We had some of the same experience in legal circles — particularly in the ABLE And SECURE Acts In the hours before Christmas, Congress passed the Consolidated Appropriations Act of 2023. President Biden quickly signed it into law. The bill is huge and sprawling, and there were lots of things not directly related to budgets or appropriations included.
Famous People’s Wills Are Not Always Like Yours
We often write about famous people’s wills — usually when they have died recently. So, for instance, we recently wrote about Anne Heche’s will. More accurately, we wrote about what might be her will. Sometimes we discuss the absence of a will, or other poor planning choices. Consider the continuing mess generated by Prince’s failure to plan his estate. Why are these stories interesting — to us, or to you?
The Problem of the Pretermitted Spouse
One of the common and vexing problems in administering a decedent’s estate is how to deal with a pretermitted spouse. To most non-lawyers, that sounds vaguely disturbing. What is a “pretermitted spouse,” and why do we care about their problems? What – or who – is a “pretermitted spouse”? “Pretermitted” is just a near-archaic term meaning “omitted.” The older version is rarely used, except by lawyers (and law students). Even in the law, the trend is away from the old-fashioned word.
Do Not Resuscitate / Do Not Hospitalize / Do Not Intubate (DNR/DNH/DNI)
A client asked last week whether he had properly signed his own DNR and DNI orders. We asked if he meant a “do not resuscitate” and “do not intubate” order. He confirmed that was what he thought he had signed. It made us think we need to look at the advance directive issue and update some of our earlier posts on the subject. Do Not Resuscitate (DNR) Lots of clients want to execute a “Do Not Resuscitate” order for themselves.
What I Learned This Summer
I don’t know about you, but I spent my summer in one continuing legal education program after another. Here’s some of what I learned this summer. What I learned in Alaska OK — I really went to Alaska to see the bears. And they were incredible, and worth the trip. But while I was there, I attended a continuing education program that was almost as wonderful. One program focused on posthumously conceived children. With advances in reproductive technology, the issue has become more significant over time.
Community Property With Right of Survivorship in AZ
Arizona is one of the minority of states recognizing the concept of community property. In Arizona’s version, though, most real estate owned by spouses for many years was titled as joint tenancy with right of survivorship. Why? Because Arizona did not recognize community property with right of survivorship until 1995. Is Community Property with Right of Survivorship better? Generally speaking, married couples owning property together should probably favor community property over other options. Why?
Operation of Joint Tenancy Defeats Creditor’s Claim
Most people understand the concept of joint tenancy ownership. But the operation of joint tenancy in specific facts may be counterintuitive. Last week we read an Illinois case that pointed out that joint tenancy is not just joint ownership of property. The life of a joint tenant Victor Barcroft lived in Lake County, Illinois, where he owned and operated funeral homes over a number of years. During those years he also acquired various pieces of real estate in the county.
How We Advise Clients About “Five Wishes”
You probably have bumped into the “Five Wishes” document before. It is widely promoted, and viewed favorably by most professionals and users. You can order a paper copy of the Five Wishes workbook and form for (as of this writing) $5.00. Or, for $15.00, you can get an electronic version that lets you complete the form, print it out and sign it — and go back to make changes as your thinking evolves.
Could I Face A Nursing Home Lawsuit for A Family Member?
A recent story we heard on the radio described a nursing home lawsuit against a family member of the resident. Several of our clients wondered: is this a real thing? Do I need to worry about a nursing home lawsuit, even if I’m not the one receiving care? Yes, it is a real thing. And yes, nursing homes often sue family members or others for unpaid bills after they’ve helped someone get into the nursing home. The NPR story The article (on NPR) was chilling.
Power of Attorney Did Not Grant Power to Create a Trust
How can someone create a trust? It seems like a trick question. In Arizona, someone can create a trust by signing a trust document, transferring assets, or by making a will with trust provisions. Arizona even permits someone to just declare a trust exists. But can an agent under a power of attorney create a trust for the principal? A recent Massachusetts case raised that question.
Beneficiary Deed Can Be Challenged For Undue Influence
Can a beneficiary deed challenge be based on alleged undue influence? Yes, in the same way that a will, a trust, or another writing could be challenged. A recent Arizona appellate decision spelled out some of the rules and details. But what is a beneficiary deed? First, a little introduction. Arizona is one of the 60% (or so) of states in which you can sign a deed that becomes effective on your death. Some states call them “TOD” (Transfer on Death) deeds, or revocable TOD deeds.
Charitable Planning - During Life and After Death
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2022/01/Charitable-Planning-during-life-and-after-death.mp3 We were listening to a local radio station‘s public service announcements about the concept of charitable planning. The radio station only had 30-60 seconds to explain what they were talking about. We have much longer in our podcasts, and no fixed time limit.
Case Management and Care Planning
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2022/01/Case-management-and-care-planning.mp3 Case management and care planning are central to our elder law practice. We have to actively monitor the care arrangements for the beneficiaries of our trusts. We also act as guardian (of the person) or conservator (of the estate). Both require us to manage care for vulnerable individuals. In this podcast episode, we discuss some of our experience with case management issues.
Retirement Account Update for 2022
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2022/01/Retirement-acount-update-2022.mp3 The last two years have certainly been disruptive. One thing you might not have expected to change, though, was your retirement plan. Turns out that a retirement account update for 2022 is very much in order. You probably realize that the SECURE Act of 2019 changed many retirement rules.
Intentional Interference With an Inheritance
Have you heard of a lawsuit for “intentional interference with an inheritance”? Sometimes the language might be “wrongful” interference, or interference with “an expectancy,” but the idea is pretty much the same. How is this concept different from a will or trust challenge? Does it still rely on allegations of undue influence or similar claims? Suppose that you believe one of your siblings persuaded your father to change his will (or trust).
Going Into 2022
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2021/12/Going-in-2022-second-year-of-the-pandemic.mp3 Here we are, going into 2022. We’re also creeping up on the second full year of pandemic restrictions. What’s in our future? Who knows? But we have some observations to share about the new year, and the next chapter. Not, of course, about the course of the pandemic itself. We’re not qualified to make medical predictions.
Beneficiary Deeds - Explanation and Discussion
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2021/12/beneficiary-deeds.mp3 Beneficiary deeds are very popular in Arizona. A property owner who signs such a deed can avoid probate and simplify administration of their estate. It’s pretty easy to create and sign a beneficiary deed — many people do it without involving a lawyer. We want to shed a little light on how the process works. We discuss who should consider taking such a step — and who should not.
News Flash: There is No Right to Inherit
We often hear from prospective clients that they have been disinherited by a parent. They often assume they can challenge an estate plan that does not favor them. But we have to explain to them: in the American legal system, you have no right to inherit from a parent’s — or from anyone else’s — estate. It is the holiday season, and a time to reach out to older family members. You should do that because it’s the right thing to do.
Christmas Gifts for Seniors
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2021/12/Christmas-Gifts-for-Seniors.mp3 We have some ideas for last-minute Christmas gifts for seniors. Here’s the thing: we think your mother/father/grandparent would mostly like to hear from you. A regular message is better than candy — even better than flowers. We’ve made recommendations for gifts in the past. Some of those have come from our own experience with family members.
Feel Strongly About Burial and Cremation?
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2021/11/Cremations-and-Burial.mp3 Many of our clients feel strongly about burial and cremation. Over , in fact, prefer cremation over burial. In this podcast episode we discuss some steps you should take to help assure your wishes are carried out. We often include burial and cremation directions in our estate planning documents. But, as we explain here, that’s not really the best way to direct your funeral/burial arrangements.
Household Payroll for Home Care Workers
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2021/11/Household-Payroll.mp3 One common concern for fiduciaries who oversee home care: how should they handle household payroll? Are in-home caregivers independent contractors? Or must the fiduciary withhold Social Security and taxes from their paychecks? As we explain in this week’s podcast, in-home caregivers are almost always employees.
Judicial Immunity for GALs Revisited in Arizona
We have written before about Guardians ad litem (GALs), and even about judicial immunity. The confluence of those two concepts came up again this week in a new (though unreported) Arizona case on judicial immunity for GALs. A little background Arizona has permitted appointment of a “guardian ad litem” (almost always referred to as a GAL) for decades.
Pressing and covering - Small-Sided Game
by Robert Fleming in Defending, Small Sided Games WHY USE IT This small-sided game enables players to develop concepts of pressing and covering in a match situation. SET UP Divide players into teams of eight, including goalkeepers. Mark out a fairly narrow pitch and split it into thirds. HOW TO PLAY Play a normal small-sided game. Both teams set up 3-2-2 in possession and a 1-4-2 out of possession.
Pressing and covering - Practice
by Robert Fleming in Defending, Soccer drills and skills WHY USE IT This practice enables players to develop concepts of pressing and covering. SET UP Set up a playing area 40 yards long by 28 yards wide. Divide this into two 15-yard end zones and a 10-yard central zone, with two wide channels also marked out. Place two mini goals at each end. Divide players into two teams of four, a team of six and two neutral players. HOW TO PLAY Neutrals are locked into the central zone to start with.
Pressing and covering - Warm Up
by Robert Fleming in Warm Ups WHY USE IT This 2v2 +2 warm-up enables players to begin understanding the concepts of pressing and covering with plenty of opportunities for repetition. Regular transitions will also introduce the principle of delaying and the idea of recovery runs. SET UP Place to mini goals at each end of the area. Players are split into teams of two, with one team acting as neutrals. HOW TO PLAY The two neutral players position themselves one at each end, between the mini goals.
Reimbursement to Fiduciary - A Practice to Avoid
We see this practice when we represent trustees, conservators and other fiduciaries, and we always counsel against it. A trustee, for instance, might pay trust bills from their own funds and then make a reimbursement to themselves as fiduciary. It can seem simple and unobjectionable. The person handling another’s financial affairs pays for something themselves, or puts it on their own personal credit card.
Record Keeping in Estate and Trust Administration
https://media.blubrry.com/elderlawissues/elder-law.com/wp-content/uploads/2021/11/record-keeping-in-estate-admin.mp3 When you administer a trust or estate, you need to pay particular attention to record keeping. That may seem like an obvious statement, but too often books and records are kept poorly — or not at all. In this podcast episode, we discuss record keeping for trustees and other fiduciaries. We talk about the importance of contemporaneous records.
Estate Planning Changes for 2022
Though there’s still a lot of uncertainty, the estate planning and elder law picture for next year is coming into focus. Here are some of the changes for 2022 — both known and uncertain. We’ve organized them by categories that might help you figure out which are more important for you. Changes affecting low-income individuals Every year Social Security and Supplemental Security Income payments increase with the cost of living.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Robert
Contact Robert, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack