tag:blogger.com,1999:blog-28850714046254324112024-03-12T20:51:01.607-07:00The Arizona Fiduciaries AssociationNews, updates, trainings and professional dialogue from the Arizona Fiduciaries Association.The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.comBlogger58125tag:blogger.com,1999:blog-2885071404625432411.post-53418928932458022262011-03-10T23:27:00.001-07:002011-03-10T23:28:03.982-07:002011 AFA Leadership Award Presented to Denice R. Shepherd<div class="separator" style="clear: both; text-align: center;"><a href="http://3.bp.blogspot.com/-Mk4knNeOVKg/TXnA67Qsw4I/AAAAAAAAAFs/lnZ6B03d8iE/s1600/denicejpg.jpg" imageanchor="1" style="clear:left; float:left;margin-right:1em; margin-bottom:1em"><img border="0" height="200" width="149" src="http://3.bp.blogspot.com/-Mk4knNeOVKg/TXnA67Qsw4I/AAAAAAAAAFs/lnZ6B03d8iE/s200/denicejpg.jpg" /></a></div><br />
The AFA Board is proud to bestow the 2011 AFA Leadership Award to Denice R. Shepherd. Denice has been practicing and litigating in the areas of personal injury, general civil litigation, probates, guardianships, conservatorships and elder law for nearly 25 years. Shepherd is a member of the National Academy of Elder Law Attorneys (NAELA), and serves on the board of the Arizona Fiduciaries Association. Shepherd has served on the panel for court-appointed attorneys in Pima County in guardianship/conservatorship actions for most of her legal career. She has been appointed by the court to represent minors in domestic relations cases and has served as a guardian ad litem. She has also served on the court appointment panels in criminal cases for the United States District Court, Pima County Superior Court appellate and trial panels, and the City of Tucson Magistrate’s Court. Shepherd is a certified fiduciary and has provided fiduciary services since 1994.<br />
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Denice serves on the Arizona Supreme Court Probate Oversight Committee, charged with reviewing and adopting court procedures to provide for the protection of vulnerable and incapacitated persons. <br />
Denice is known in the legal community for championing both legal and ethical policies to serve the best interests of wards, safeguarding their health, welfare and resources, while also preserving their quality of life. In addition to her outreach endeavors to raise the standard of care and protection for vulnerable adults, Shepherd teaches future members of the legal profession at clinics for low income adults seeking to become guardians of minors. Denice travels throughout the state and country to educate professional guardians, social workers, attorneys and fiduciaries on the legal and ethical aspects of protecting vulnerable adults.<br />
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Denice was recently awarded the NGA Outstanding Affiliate Member Award, and was named recipient of the 2010 Attorney of the Year award, by Southern Arizona Legal Aid's Volunteer Lawyers Program for her pro bono working the area of wills, estates, probate. In June of this year, Shepherd was named one of the top 50 pro bono attorneys in Arizona by the Arizona Foundation for Legal Services and Education.The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-45985249636555307922011-03-10T23:25:00.002-07:002011-03-10T23:31:45.701-07:00AFA Welcomes New Board MembersThe Arizona Fiduciaries Association welcomes our newest AFA Board members, who were elected during last week’s membership meeting at the AFA conference in Tucson<div class="separator" style="clear: both; text-align: center;"><a href="http://3.bp.blogspot.com/-kQCugwhYCKE/TXnBgelSdEI/AAAAAAAAAF8/ToKV_5MmC48/s1600/crismon%2Bcooper.JPG" imageanchor="1" style="clear:left; float:left;margin-right:1em; margin-bottom:1em"><img border="0" height="200" width="133" src="http://3.bp.blogspot.com/-kQCugwhYCKE/TXnBgelSdEI/AAAAAAAAAF8/ToKV_5MmC48/s200/crismon%2Bcooper.JPG" /></a></div><br />
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<b>Crismon Cooper, LF </b><br />
Crismon Cooper is originally from Tucson, Arizona, but graduated from Northern Arizona University with a Bachelor’s in English and an emphasis in Creative Writing. After graduation, at the insistence of her politically motivated family, she worked at the State Senate in Phoenix, Arizona as a Page. Crismon transitioned to the banking field, and worked within the Operations Training Department where she wrote and taught all policy and procedures. She moved into branch management and ultimately to middle management where she interpreted Federal Regulations and wrote Policy and Procedures for all of the departments.<br />
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In 1995, Crismon moved to Flagstaff, Arizona with her two children, leaving the larger cities for a community environment. Her family immediately embraced their new lifestyle of living in a beautiful mountain town, and they continue to actively participate in skiing, hiking, kayaking and any other outdoor activities. Crismon drew upon her expertise to read, interpret and write about Federal Regulations to obtain employment as a paralegal with a local law firm, working in the areas of estate planning and guardianship, and other non related areas. In 2003, Crismon, in partnership with her friend Sally Carlson, founded Carlson and Cooper Certified Fiduciaries, LLC. Sally retired officially last year, and the company was renamed Crismon Cooper Licensed Fiduciaries, LLC. Crismon provides services to Coconino and Yavapai counties, and also accepts cases in Apache and Navajo Counties. Crismon Cooper Licensed Fiduciaries, LLC offers the full gamut of fiduciary services including Guardianship, Conservatorship, Trustees under a variety of trusts, Personal Representatives and Agents under Powers of Attorney and serve a varied clientele ranging from individuals with mild to severe dementia to the seriously mentally ill.<b> <br />
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Roger Coventry, LF</b><br />
Roger Coventry, Director of Estate Services for Childers & Berg, LLC, a private fiduciary firm in Maricopa County is a licensed fiduciary in Arizona and a National Certified Guardian. He was a collegiate wrestler at North Idaho College in Coeur d’ Alene where he earned an A.A. in Psychology prior to joining the Army. He served eight years active duty as an infantryman/paratrooper and is a combat veteran. He was one of six soldiers in his class to complete the Survival, Evasion, Resistance and Escape (S.E.R.E.) Instructor course conducted by the Army Special Operations Command. <br />
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Roger earned a B.S. in Business Management Information <div class="separator" style="clear: both; text-align: center;"><a href="http://4.bp.blogspot.com/-r4S1HwVPql8/TXnBxULrJoI/AAAAAAAAAGE/gw49IOIQMR0/s1600/roger.JPG" imageanchor="1" style="clear:right; float:right; margin-left:1em; margin-bottom:1em"><img border="0" height="200" width="152" src="http://4.bp.blogspot.com/-r4S1HwVPql8/TXnBxULrJoI/AAAAAAAAAGE/gw49IOIQMR0/s200/roger.JPG" /></a></div><br />
Systems and an M.B.A. from Arizona State University, and a Juris Doctorate from Concord Law School. Prior to joining Childers & Berg, Roger was the Deputy Director for the Maricopa County Public Fiduciary. He has presented at local, state and national conferences on fiduciary-related topics. He is a past President of the Arizona Fiduciaries Association and a past President of Media Masters (a Toastmasters organization).The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-63428648407416260192011-03-10T23:19:00.002-07:002011-03-10T23:21:05.986-07:00Case Law Updates<b>MENTAL HEALTH</b><br />
In Re MH 2008-000867, No. CV 09-0297-PR(Aug. 5, 2010) Vacating a Court of Appeals decision to the contrary, the Arizona Supreme Court held telephonic testimony of a required psychiatrist’s testimony does not violate the patient’s 14th Amendment right to due process.<b> <br />
PROBATE</b><br />
In the Matter of the Estate of Roseann McGathy/Waldow vs. LaPorta, No. CV 10-0102PR (Dec. 2, 2010). The Arizona Supreme Court held decisions made by a trial court in a supervised probate are interlocutory in nature and no appeal may be taken until the final distribution of the estate. However, in an unsupervised probate, an order determining the rights in a formal proceeding is an appealable order. <br />
<b>VULNERABLE ADULT STATUTE</b><br />
Estate of Mary Winn vs. Plaza Healthcare Inc., No. CA-CV 09-0649, Arizona Court of Appeals, Division One, held that the loss of human life is not compensable under aAdult Protective Services Act claim for neglect or abuse, and the inherent value of a human life is not recoverable.The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-14234962874778018472011-02-10T13:24:00.000-07:002011-02-10T13:24:40.690-07:00Conservatorship Case Law UpdateDivision Two of the Arizona Court of Appeals held surety bond could be held liable for illegal acts of conservator prior to issuance of bond holding that guardians and conservators are responsible for pursuing assets wrongfully taken from protected person even if it means suing themselves for misappropriated assets. The Court awarded prejudgment interest against the surety but declined to award attorney’s fees to estate of protected person stating the surety had not taken an unreasonable position, the surety made good legal arguments and the law was unsettled in Arizona. Pacheco vs Hartford, 2 CA-CV 2007-0135, issued September 22, 2008.The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-50548262509178989762011-02-10T11:50:00.007-07:002011-02-10T11:59:23.436-07:00Reflecting on 2010By Beth Jo Zeitzer, Owner and Designated Broker of R.O.I. Properties<br />
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As the Arizona real estate market continues to correct itself, 2010 saw many improvements, including a higher sales volume than we've had since 2008, an increased number of short sales, a lower number of Notices of Trustee's Sales than 2008 (21% lower than 2009), and heavy investor activity. Here are some additional highlights from 2010:<br />
<i>*Note: Though some of these stats focus on Maricopa County, we're seeing similar trends for all areas of Arizon</i>a.<b><br />
Active Listings</b> - In 2010, Arizona had a total of 150,797 new listings. In Maricopa County average monthly listings in 2010 totaled 43,500 (14% higher than 2009, but 20% lower than 2008). 58% of listings were distressed (up from 51% in 2009 and 49% in 2008)<b>.<br />
Sales</b> - In 2010, Arizona had a total of 90,331 closings. Of these, 37,833 (42%) were cash deals, indicating high investor activity. In 2008, conventional financing was used in the majority of deals. In 2010, Maricopa County monthly closings averaged 7,100 (20% higher than 2009, and 61% higher than 2008). Of these 2010 sales, 24% were short sales, compared to 22% in 2009 and 9% in 2008. As lenders streamlined their short sale processes, aimed at mitigating their damages, short sales became easier to implement and have gained a higher share of total sal<b>es.<br />
Price</b> - The average SF of homes in the Valley has changed very little since 2008, but the median price per SF has decreased (now 34% lower than in 2008). The 2010 median sales prices was $122,900, compared with $125,000 in 2009 and $184,000 in 2008.<br />
<b>Supply</b> - Sales volume has increased (now at 16% vs 8% in 2008), leading to a lower supply (currently 5.9 months vs 11 months in 20<b>08).<br />
Notices of Trustee's Sales/Foreclosures</b> - Maricopa County Notices of Trustee’s Sales in 2010 were fairly similar to 2008. Overall, there were 21% less Notices of Trustee's Sales in 2010 vs 2009. However, the foreclosure volume of Notice of Trustee's Sales was higher in 2010 than the previous two years. In 2010, Notices of Trustee's Sales for homes priced under $200,000 totaled 32,876. Those priced $200,000-$500,000 totaled 32,454. Those priced above $500,000 totaled 3,188. Only 5% of Notices of Trustee's Sales are luxury homes priced over $500,000. This is due to a smaller supply, but also an increase in lenders willing to engage in short sales for luxury product. Lenders are able to mitigate their damages through a short sale, especially with luxury product and its longer days on market and capital investment needed for upkeep of these larger <i>homes.<br />
Beth Jo Zeitzer can be reached at 602-319-1326 or bjzeitzer@roipropertie</i><i>s.com.<br />
Sources: ARMLS, Cromford Report, and Ion Data </i>ExpressThe Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-12936091943370115332011-02-04T21:24:00.002-07:002011-02-04T21:26:32.700-07:00A New Way to Diagnose Alzheimer's?A Food and Drug advisory panel has recommended the approval of a brain scan that might give doctors a new way to diagnose Alzheimer's earlier. <br />
See video report on PBS's<i> Need To Kno</i>w:<a href="http://www.pbs.org/wnet/need-to-know/health/video-a-new-way-to-diagnose-alzheimers-offers-hope/7050/"> A New Way to Diagnose Alzheimer’s Offers Hope</a>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-81652916387030600742011-02-03T09:17:00.002-07:002011-02-03T09:17:19.037-07:00Geriatric Assessment, Management & Solutions, LLC has a full-time position available starting 2/11:Full-time 40 hour position for a geriatric care manager -- LF, MSW, BSW, CMC, RN, LPN, CMC -- health care, mental health and dementia care experience is preferred. Own caseload in West Valley, Scottsdale, and Phoenix area. Need reliable transportation and current auto insurance. On-call responsibilities 1 week per month during the weeknights and weekend. No health or dental benefits available. <br />
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Contact: <br />
Pamela Braun, MSW, LCSW, C-ASWCM, LF<br />
Geriatric Assessment, Management & Solutions, LLC<br />
P.O. Box 1958<br />
Sun City, AZ 85372-1958<br />
623-214-9595<br />
www.gamsllc.samsbiz.comThe Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-24658429063145922912011-02-02T11:51:00.000-07:002011-02-02T11:51:03.517-07:00Call for Bids for Contract Investigators: Maricopa County Superior Court Probate Dept.The Maricopa County Superior Court Probate Department is accepting bids for contract Investigators for the Maricopa County Superior Court Probate Department. <br />
The link to the<a href="http://www.superiorcourt.maricopa.gov/CourtInformation/Purchasing/rfp.asp"> solicitation</a> is: <br />
http://www.superiorcourt.maricopa.gov/CourtInformation/Purchasing/rfp.asp<br />
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The solicitation will close February 17, 2011 at 2:00 pm.The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-80793665749550671042011-01-31T11:35:00.001-07:002011-01-31T11:37:09.077-07:00How Probate Attorneys & Fiduciaries Can Benefit From the Expertise of InvestigatorsBy Andi Murphy<br />
<a href="murphypi@cox.net">Murphy Investigations, Inc.</a><br />
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INVESTIGATORS AREN’T JUST FOR DIVORCE OR PERSONAL INJURY LAWYERS...<br />
One typically thinks of an investigator as the scruffy person slouched down in a beat up car peeking over the doorframe with an old camera and long telephoto lens trying to capture a shot of a husband or wife in compromising circumstances to support a divorce claim or substantiate concerns of a suspicious spouse. Or, an insurance company, through the services of an investigator in a workman’s compensation claim, illustrating on video a claimant miraculously skiing down a mountain who had professed a near inability to walk.<br />
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Although these are valid purposes for using an investigator, there is another area of law that is rarely considered as a reason to use an investigator: probate litigation. This can be a big and costly mistake.<br />
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The probate attorney and fiduciary are often faced with situations involving issues such as:<br />
1. Will disputes<br />
2. Vulnerable adult/exploitation issues<br />
3. Document forgery<br />
4. Estate distribution<br />
5. Asset identification<br />
6. Heir Location<br />
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A seasoned investigator in the area of probate litigation is instrumental in gathering the necessary information and documentation to refute a claim often resulting in a settlement, thereby avoiding the cost of an expensive trial.<br />
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How can you use an investigator in such cases? Depending on the issue, your investigator often needs to get out into the community and interview everyone to determine exactly what is going to be said and what is known about the issue(s). If witnesses are found to support your position, then it is prudent to obtain notarized affidavits (for expediency, your investigator should also be a notary). You should bombard opposing counsel with as many affidavits supporting your position so there is no room to doubt that, for instance, Mary Jane was as competent as the day was long. <br />
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Let’s take Will disputes. Let’s imagine son Michael is claiming mom, Mary Jane now deceased, was incompetent when she changed her Will and excluded Michael from it. Well, how do we know she wasn’t? Because everyone says so! Who says so? The banker Mary Jane saw every other day and can attest to her competency based on his/her interaction with her, her hair stylist and nail technician she saw weekly whom she paid by check and tipped in cash appropriately each time, her housekeeper that spent two hours with her once a week and who received payment by check each time, her caregiver who was with her seven hours each day and had long conversations with her on varying topics and told her how she felt about her son and her intentions for her estate, her friends that she played bridge with once a month, her neighbors who took her shopping and to the grocery store on a regular basis, her medical doctors, the psychologist she met with before she signed a trust to make sure she was competent a year ago, etc., etc. And, we obtained affidavits from every one of those 25 witnesses (friends, neighbors, relatives, business associates, etc.). Michael will be hard pressed to find anyone to support his position that mom was incompetent when we’ve covered all the bases. Now you have ample and persuasive evidence to settle the case and move on.<br />
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This is just one example of how an investigator should be used to attack allegations regarding the competency of an individual and the question of the validity of a Will.<br />
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Worried about the expense of hiring an investigator? Investigators’ fees are typically billed at a lower rate than the attorneys’, their paralegal’s, or fiduciaries’ fees, often making an investigator more cost efficient. In addition, all good investigators have sources and contacts that allow them to obtain information in a more cost effective and efficient manner. <br />
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Should you need the services of an investigator in another county, state or country, continuing networking efforts keep many investigators in touch with a worldwide group of other investigators so that your needs can be covered.<br />
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It’s all about teamwork!The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-13374609872693853632011-01-26T16:40:00.008-07:002011-02-03T09:36:39.140-07:00Thank You AFA Business Members•<a href="http://www.carecoordinatorsinc.com/live/">Care Coordinators, Inc</a>.- Peggy Van Norman<br />
• <a href="http://www.childersandberg.com/">Childers & Berg, LLC</a> – Donal Childers & Jane Berg<br />
•<a href="http://www.entrustfiduciary.com/">Entrust Fiduciary Services, Inc</a> – Lisa M. Price<br />
<a href="http://www.elder-law.com/"><br />
• Fleming & Curti, PLC</a> – Robert Fleming<a href="http://www.managedprotectiveservices.com/"><br />
• Managed Protective Services</a> – Jane Anne Geisler<br />
• Mohave Estate Management Office – Rashiel Salem<a href="http://www.nextstepsforfamilies.com/"><br />
• Next Steps for Families</a> – Leslie Mann-DamonThe Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-35167722067946991102011-01-24T09:35:00.000-07:002011-01-24T09:45:35.125-07:00Do You Know an Outstanding Leader?Would you like to recognize an AFA member for exceptional leadership as demonstrated through service to wards, community outreach and commitment to our profession?<div class="separator" style="clear: both; text-align: center;"><a href="http://1.bp.blogspot.com/_gRPTe4a9nbo/TT2sX-e-kAI/AAAAAAAAAFY/m2m5fxASaJc/s1600/penguins.jpg" imageanchor="1" style="clear:left; float:left;margin-right:1em; margin-bottom:1em"><img border="0" height="143" width="200" src="http://1.bp.blogspot.com/_gRPTe4a9nbo/TT2sX-e-kAI/AAAAAAAAAFY/m2m5fxASaJc/s200/penguins.jpg" /></a></div><br />
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Individuals submitting a nomination need not be an AFA member, but the nominee must be a member as of the date the nomination is received. Please return the signed nomination form by January 31, 2011 (forms may be scanned and emailed). The award will be announced at the AFA’s annual conference, scheduled for February 17 – 18, 2011 in Tucson, AZ.The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-77388832576140469622011-01-20T13:26:00.000-07:002011-01-20T13:33:06.076-07:00AFA's 2011 Conference:The Practice, Ethics & Politics of Compassion<div class="separator" style="clear: both; text-align: center;"><a href="http://3.bp.blogspot.com/_gRPTe4a9nbo/TTibycM_pHI/AAAAAAAAAEY/9kvmx_g6Tr4/s1600/Outside%2BEntrance.jpg" imageanchor="1" style="clear:left; float:left;margin-right:1em; margin-bottom:1em"><img border="0" height="160" width="200" src="http://3.bp.blogspot.com/_gRPTe4a9nbo/TTibycM_pHI/AAAAAAAAAEY/9kvmx_g6Tr4/s200/Outside%2BEntrance.jpg" /></a></div>The Practice, Ethics & Politics of Compassion<br />
Thursday, February 17 & Friday, February 18, 2011<br />
Radisson Suites Tucson Tucson, AZ<br />
You don't want to miss:<br />
•20 sessions and a total of 13 CEUs (see a full schedule)<br />
•The Annual Membership Meeting to Elect Members to the AFA Board of Directors <br />
•Sponsors’ exhibits to save you time and money <br />
•Networking and best practices with your colleagues <br />
The early-bird registration deadline of Monday, January 31 is fast approaching. Register now! And don’t forget to renew your AFA membership to access even more savings on your conference registration.<br />
The AFA’s annual two-day conference will focus on practice and protection strategies in serving Arizona’s vulnerable citizens. <br />
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The conference will be held at the Radisson Tucson Suites located at 6555 E. Speedway Blvd. Tucson, AZ 85710. Hotel conference rates are $119.00 for single/double. There are a limited number of rooms available, so please make your reservations early. For room reservations, call 520-721-7100. Please identify your group as the AFA.<br />
Early-Bird Registration: <br />
-AFA Members: $200.00 -Non-Members: $240.00<br />
-AFA Members - Thursday or Friday Only: $100.00<br />
-Non-Members – Thursday or Friday Only: $120.00 <br />
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For early bird registration, forms should be postmarked by Monday, January 31, 2011, registration increases $40 for both days and $20 for one day. Register now to take advantage of the early-bird special! Registration includes breakfast, lunch & materials. Registration via snail mail only, please.<br />
The Arizona Fiduciaries Association<br />
P.O. Box 15572<br />
Scottsdale, AZ 85267-5572The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-36825213266897202952011-01-20T13:24:00.000-07:002011-01-20T13:35:57.604-07:00Welcome New AFA Members<div class="separator" style="clear: both; text-align: center;"><a href="http://1.bp.blogspot.com/_gRPTe4a9nbo/TTicpzs_cCI/AAAAAAAAAEo/hNHpXU3Z9p4/s1600/welcome.jpg" imageanchor="1" style="margin-left:1em; margin-right:1em"><img border="0" height="143" width="200" src="http://1.bp.blogspot.com/_gRPTe4a9nbo/TTicpzs_cCI/AAAAAAAAAEo/hNHpXU3Z9p4/s200/welcome.jpg" /></a></div><br />
<br />
Mary Belasco, Jewish Family & Children’s Services<br />
Jason Cobb, Principal, Compass Fiduciary Group, LLC<br />
Joe Cannon, Principal, Joe Cannon <br />
Jeanne Drabiak, Compass Fiduciary Group, LLC<br />
John Jeffery, Jeffery Insurance Solutions<br />
Andi Murphy, Murphy Investigations, Inc.<br />
Jeannean Sabatina, Heartfelt Care, LLC<br />
Cora Schuler, La Paz County Public Fiduciary’s Office<br />
Kirsten Sundahl, Accurate Bookkeeping Services<br />
Henry Wood, Wood Law Firm, PLLCThe Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-82986620153550105222011-01-20T13:19:00.000-07:002011-01-20T13:23:34.348-07:00Diabetes: Rates Still on the Rise<p$1><p$1>Diabetes cases in the United States are rising at an alarming rate, according to the CDC, which estimates by 2050, as many as one-third of all American adults could have diabetes (October 2010). <br />
<p$1>•In 2007, it was the seventh-leading cause of death in the U.S. These new estimates account for higher census figures for minorities and the elderly, groups that generally have a higher rate of Type 2 diabetes. <br />
<p$1>•One out of every three children born today will face a future with diabetes <br />
<p$1>•Currently, 24 million American adults and children are living with diabetes and an additional 57 million Americans are at risk.</p$1></p$1></p$1></p$1></p$1>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-18936078647475382792011-01-20T13:14:00.000-07:002011-01-20T13:14:32.033-07:00Probate Case Law: Slayer Statute<p$1>Division One of the Arizona Court of Appeals held slayer statute, Ariz. Rev. Stat. Sec. 14-2803, prevented wife who refused to testify as to circumstances of husband’s death claiming Fifth Amendment protection against self-incrimination from collecting proceeds of life insurance policies even though she was named beneficiary on one policy. The Court further ruled wife could also not recover her community interest in said policies under the slayer statute. Castro vs Ballesteros-Suarez, 1 CA-CV 08-0367, issued June 18, 2009.Division One of the Arizona Court of Appeals held that lapsed gift of residuary trust assets would not go to Testator’s intestate heirs, but would, instead go to residual beneficiaries. In this case an art collection was to go to a charity. One of two married Testators soled the art collection prior to death. The dispute arose following the death of the second Testator. The Court reasoned it was the intent of the Testators to benefit the charity rather than their intestate heirs. Zilles vs. American Legion/Shriners, 1 CA-CV 07-0893, issued Dec. 23, 2008.<br />
<p$1><p$1></p$1></p$1></p$1>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-6794963513493111572011-01-20T13:10:00.002-07:002011-01-27T10:35:34.374-07:00Veteran Fiduciary, AFA Member Eben Bull Establishes Estate Management Services, LLC<div class="separator" style="clear: both; text-align: center;"><a href="http://3.bp.blogspot.com/_gRPTe4a9nbo/TUGscw9IF4I/AAAAAAAAAFg/Hko34CaKUfs/s1600/eben%2Bbull.JPG" imageanchor="1" style="clear:right; float:right; margin-left:1em; margin-bottom:1em"><img border="0" height="200" width="134" src="http://3.bp.blogspot.com/_gRPTe4a9nbo/TUGscw9IF4I/AAAAAAAAAFg/Hko34CaKUfs/s200/eben%2Bbull.JPG" /></a></div>Veteran fiduciary and long-time AFA member Eben Bull recently founded Estate Management Services, <a href="http://ems-az.com/about.php"></a>LLC, an estate and property management company. After 10 years of estate administration service, Eben founded EMS to support and assist professional and private estate and trust administrators, conservators, care managers, guardians and property owners with their property challenges. Through his experience as a Licensed Fiduciary and Certified National Guardian, Eben recognized the need for a service-oriented, client-directed estate management company.<br />
<br />
“Estate Management Services prides itself in collaborating with clients in their efforts to ethically and efficiently administer estates. All control and authority remain with our clients while EMS works to support and address the complex challenges that property management presents,” said Bull. <br />
<br />
EMS’s mission is to offer estate and property expertise with exceptional service at a reasonable cost. For information about Estate Management Services, LLC, contact ebenbull@ems-az.com or (602) 354-5157.<br />
<br />
**AFA members are welcome and encouraged to share news of their professional endeavors with our membership. Please submit requests and pertinent information via email to: charity(at)azfid.org for publication on AFA’s list serve and Blog.The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-55137370099666658912010-11-09T14:19:00.000-07:002010-11-09T14:20:43.990-07:00National Memory Screening Day Event on November 16 in Peoria, AZResCare HomeCare & The Forum at Desert Harbor are co-hosting an Alzheimer's Foundation of America National Memory Screening event on Tuesday, November 16th from 8:00 a.m. to Noon. The event will be held at The Forum at Desert Harbor. <br />
<br />
Dr. Nieri will speak at 11:00am and provide an overview of dementia & discuss prevention and early diagnosis, as well as review the latest in the treatment of Alzheimer's Disease<b>.<br />
Location:</b><br />
The Forum at Desert Harbor<br />
13840 N. Desert Harbor Dr. <br />
Peoria AZ 85381<br />
<br />
For more information, please contact:<br />
Cathy Shiroda<br />
Marketing Director<br />
ResCare HomeCare<br />
Ph:623-434-8432The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-19461744669473668732010-11-09T11:12:00.000-07:002010-11-09T11:19:17.600-07:00Arizona Vulnerable Adult Advocate and Attorney, Denice Shepherd, Receives National Award<div class="separator" style="clear: both; text-align: center;"><a href="http://1.bp.blogspot.com/_gRPTe4a9nbo/TNmQaJGFydI/AAAAAAAAAD8/q7-4aLdTbgA/s1600/denicejpg.jpg" imageanchor="1" style="clear:left; float:left;margin-right:1em; margin-bottom:1em"><img border="0" height="320" width="238" src="http://1.bp.blogspot.com/_gRPTe4a9nbo/TNmQaJGFydI/AAAAAAAAAD8/q7-4aLdTbgA/s320/denicejpg.jpg"</img></a></div><br />
<p$1>The National Guardianship Association (NGA) awarded Arizona Attorney Denice R. Shepherd the Outstanding Affiliate Member Award for policy reform leadership, educational outreach and advocacy for Arizona’s vulnerable adults. <br />
<p$1><p$1>Shepherd serves on the Arizona Supreme Court Probate Oversight Committee, charged with reviewing and adopting court procedures to provide for the protection of vulnerable and incapacitated persons. As a member of the Board of Directors for the Arizona Fiduciaries Association, Shepherd travels throughout the state and country to educate professional guardians, social workers, attorneys and fiduciaries on the legal and ethical aspects of protecting vulnerable adults.<br />
<p$1><p$1>Shepherd is known in the legal community for championing both legal and ethical policies to serve the best interests of wards. “My staff and I are committed to protecting and supporting vulnerable adults in Arizona,” said Shepherd. “Our priority is to safeguard their health, welfare and resources, but we are also steadfast in our commitment to preserve their quality of life.”<br />
<p$1><p$1>In addition to her outreach endeavors to raise the standard of care and protection for vulnerable adults, Shepherd teaches future members of the legal profession at clinics for low income adults seeking to become guardians of minors. <br />
<p$1><p$1>In the same week she received the NGA Outstanding Affiliate Member Award, she was named recipient of the 2010 Attorney of the Year award, by Southern Arizona Legal Aid's Volunteer Lawyers Program for her pro bono working the area of wills, estates, probate. In June of this year, Shepherd was named one of the top 50 pro bono attorneys in Arizona by the Arizona Foundation for Legal Services and Education.<br />
<p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-9180877303008912242010-10-20T16:09:00.000-07:002010-10-20T16:20:36.373-07:00Hoarding: Informational Resources<p$1><p$1>A very thorough and sensitively written web site authored from the perspective of an individual diagnosed with obsessive-compulsive disorder.<br />
<p$1><a href="http://understanding_ocd.tripod.com/hoarding.html"><br />
Understanding Hoarding</a><a href="http://understanding_ocd.tripod.com/hoarding3_links.html"><br />
<br />
Informational Articles on Hoard</a>ing</p$1></p$1></p$1>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-1472508998991120062010-10-15T13:52:00.000-07:002010-10-15T13:53:14.560-07:00Three Important Dates: Please RSVPDear AFA Members:<br />
<br />
As the AFA works to support and plan for upcoming meetings, it is helpful to determine membership attendance for the dates below. <br />
Please RSVP to charity@azfid.org and indicate which dates you plan to attend. <br />
<br />
AJC Meeting <br />
Thursday, October 21, 2010 <br />
10:00 AM - 2:00 PM<br />
Room 101<br />
Arizona State Courts Building<br />
1501 West Washington Street<br />
Phoenix, Arizona 85007<br />
<br />
Probate Committee Meeting<br />
Thursday, October 28, 2010<br />
Hearing Room 109<br />
Arizona State Courts Building<br />
1501 West Washington Street<br />
Phoenix, Arizona 85007<br />
<br />
AFA Membership Summit<br />
Friday, November 12, 2010<br />
10 a.m. – 3 p.m.<br />
The Forum at Desert Harbor<br />
13840 N. Desert Harbor Dr. <br />
Peoria AZ 85381The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-38595820112861596972010-10-15T12:49:00.000-07:002010-10-15T12:49:50.456-07:00Job Opening: Social Services Supervisor, FiduciaryThe Arizona Department of Veterans' Services currently has the following job opportunity available:<br />
<br />
Social Services Supervisor, Fiduciary <br />
<br />
For more information or to apply, please cl<a href="www.azstatejobs.gov/internal">ick </a>here. To search by agency, enter ADVS in the "keywords" field. <br />
<br />
External applicants may go to www.azstatejobs.gov.<br />
<br />
If you have questions or need assistance, please check with your Human Resources Department.<br />
<br />
Yadira Rodriguez <br />
HR Generalist<br />
3839 North Third Street, Suite 209 <br />
Phoenix, AZ 85012<br />
PH: 602- 234-8433The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-82228324014768547702010-10-15T12:10:00.000-07:002010-10-15T12:11:09.708-07:00Arizona Judicial Council Meeting: October 21, 2010<p$1>The next Arizona Judicial Council meeting is scheduled for October 21, 2010. Here is a link to the <a href="http://www.azcourts.gov/ajc/2010MeetingSchedules.aspx">website and agenda</a>:</p$1>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-36874217156647640512010-10-14T13:05:00.000-07:002010-10-14T13:05:10.253-07:00Protect Wards from Whooping CoughNew cases of whooping cough have been diagnosed in Arizona. For more information on how to protect yourself and your wards, please review the following links:<br />
<a href="http://www.npr.org/templates/story/story.php?storyId=129198775"><br />
NPR Report on Whooping Cough</a><a href="http://www.azdhs.gov/phs/oids/epi/pertussis.htm"><br />
<br />
Arizona Department of Health Services</a>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-42763977390978948822010-10-14T07:10:00.000-07:002010-10-14T07:10:53.645-07:00Membership Summit: Friday, November 12<p$1>AFA’s Membership Summit<br />
<p$1>Friday, November 12 2010<br />
<p$1>10 a.m. - 3 p.m.<br />
<p$1>Peoria, AZ<br />
<p$1><p$1>Thank you to our sponsors, ResCare HomeCare and The Forum at Desert Harbor, for generously sponsoring our meeting. ResCare HomeCare provides supportive in-home care for The Forum's Independent Living Resident's. The meeting will be hosted in the Forum's community meeting room. Both ResCare HomeCare and The Forum will provide breakfast and lunch. <br />
<p$1>Location:<br />
<p$1>The Forum at Desert Harbor<br />
<p$1>13840 N. Desert Harbor Dr. <br />
<p$1>Peoria AZ 85381</p$1><br />
<p$1>Registration:</p$1><p$1>$30</p$1><br />
<p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1></p$1>The Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0tag:blogger.com,1999:blog-2885071404625432411.post-12168468024639108792010-10-11T14:39:00.000-07:002010-10-11T15:55:59.492-07:00Community Partners Praise Fiduciary Work With Letters of Support<div class="MsoNormal" style="margin: 0in 0in 0pt;"><p$1><p$1><p$1><p$1><p$1><p$1></p$1></p$1></p$1></p$1></p$1></p$1></div><div class="separator" style="clear: both; text-align: center;"><a href="http://4.bp.blogspot.com/_gRPTe4a9nbo/TLOV7wrnVjI/AAAAAAAAAD4/TVdCKhdpQrk/s1600/partner.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" ex="true" src="http://4.bp.blogspot.com/_gRPTe4a9nbo/TLOV7wrnVjI/AAAAAAAAAD4/TVdCKhdpQrk/s1600/partner.jpg" /></a></div><p$1></p$1></p$1></p$1></p$1>Just as it takes a village to raise a child, it also takes a community of skilled professionals to protect Arizona's vulnerable citizens. Here are a few letters of support recognizing the important work fiduciaries perform in our Arizona communities.<br />
<br />
<i>Dawn,<br />
<br />
Here are some of my experiences working with Fiduciaries:<br />
<br />
Fiduciaries are involved with my residents because my residents have Alzheimer’s Dementia and are unable to manage their own financial affairs. Many of them have no family or absent family and fiduciaries are the ones who act as their advocate to see that their needs are met within their individual budget restraints. <br />
<br />
The fiduciaries I have worked with have been wonderful. They have been involved, interested and treated their clients as family members taking a concerted interest in their wellbeing. The fiduciaries have been involved with communication between the family members and us, the care providers as sometimes, families don’t want anything to do with the resident for one reason or another. They are part of our team. We work together to meet the resident’s needs. In our situation, the fiduciary provides clothing, personal supplies, transport to medical appointments, and is involved in our care planning process. They keep records and are responsive to resident’s needs as well as the needs the facility has in caring for the resident.<br />
<br />
I haven’t ever had to ask a fiduciary more than once for anything my resident needs. If the resident has the funds to do extra outings, they are included in outings such as lunch out, or movies, or concerts etc. The fiduciaries I have worked with are thrilled that their clients have the most wonderful quality of life that can be had. I have found that the fiduciaries care more about their clients than even some family members that are “involved” in their loved ones care.<br />
<br />
Fiduciaries that care for clients with Alzheimer’s Dementia have to be totally dedicated and in the business for the right reasons, which is, they genuinely care about people! Caring for an Alzheimer’s Dementia patient, is difficult even on good days and if their hearts weren’t in the right place it would show.<br />
<br />
As the Director of Nursing at an Alzheimer’s specific Assisted Living Facility, I am truly blessed to have wonderful Fiduciaries watching over my residents. They are always available if/when I need them and I am thankful for the great experiences I have had with the fiduciaries that oversee my residents.</i><br />
<br />
Kathryn A. Olson LPN, DON<br />
Encore Senior Village<br />
Peoria, Arizona<br />
<br />
<i>To Whom It May Concern:<br />
<br />
Having worked with Entrust providing non medical companionship care, homemaker services and personal care services for their clients (wards), I have always found that Entrust has always had the client's interest at the forefront of all of their decisions for care.<br />
<br />
We too have observed the injustice the clients have received from opportunistic individuals as well as family members. Unfortunately this seems to be the common fate for clients that are under fiduciary guardianship. <br />
<br />
Fiduciaries provide an invaluable and necessary role in the care of seniors. Keep up the good work.</i><br />
Dave Kirchner<br />
Franchise Owner<br />
Home Instead Senior CareThe Arizona Fiduciaries Associationhttp://www.blogger.com/profile/03414079574087148525noreply@blogger.com0