Families preparing for the Arizona Long Term Care System (ALTCS) often look for the most affordable way of getting help. Many incorrectly believe that a document preparer is cheaper than an attorney. While we strongly agree that cost is an important factor to consider, there are many additional factors to think about when looking for assistance with the ALTCS program.
The Arizona Code of Judicial Administration ? 7-208 (A) defines a legal document preparer as ?an individual or business entity certified to prepare or provide legal documents, without the supervision of an attorney, for an entity or a member of the public who is engaging in self representation in any legal matter.? A certified legal document preparer is authorized to:
a. Prepare or provide legal documents, without the supervision of an attorney, for an entity or a member of the public in any legal matter when that entity or person is not represented by an attorney;
b. Provide general legal information, but may not provide any kind of specific advice, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, or strategies;
c. Provide general factual information pertaining to legal rights, procedures, or options available to a person in a legal matter when that person is not represented by an attorney;
d. Make legal forms and documents available to a person who is not represented by an attorney; and
e. File and arrange for service of legal forms and documents for a person in a legal matter when that person is not represented by an attorney.
In most cases, individuals navigating the ALTCS process require more than what a document preparer can offer. This process demands more than filling in the blanks and providing the state with documentation. Consider the following:
? Applicants can minimize periods of ineligibility by understanding transfer rules.
? Community spouses can protect their assets with legal planning techniques.
? Well spouses can create a plan for the event that they pass away before the applicant.
A document preparer might fill a need for an individual who needs nothing more than filling out an application. But given that more than 73 percent of ALTCS applications are denied, there is little chance that any case can truly be classified as ?application only.?
A qualified Arizona elder law attorney understands ALTCS rules and regulations, and can coordinate those rules with other benefit programs that might be available. Of course, in addition to imparting this knowledge, elder law attorneys assist with all of the requisite legal documentation.
JacksonWhite feels strongly that a person should not have to pay an attorney to see if they need an attorney. We offer a free prescreen with one of our Arizona Elder Care Advisors to assist individuals understand their options and barriers to ATLCS eligibility. Only at that point, after issues are identified, would an individual need to decide whether to proceed with an attorney consultation. Individuals who move forward with representation then pay a flat fee for all work provided on an ALTCS case.
Don?t be misled by comparing costs between document preparers and attorneys; there is really very little difference. Document preparers often send clients to an attorney for any legal issues that arise during the process, so they end up paying for the document preparer AND an attorney. We suggest saving time, money, and a lot of stress by handling everything in one place.
For more information on ALTCS or to receive a free pre-screen with an Elder Care Advisor, please contact JacksonWhite Elder Law at 1-800-243-1160.
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