1. Attorney of the Month
Stephanie Bivens
Attorney of the Month
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2. Attorney of the Month
Stephanie
Bivens
Experience. Knowledge. Compassion.
“I
got really lucky,” declares
attorney Stephanie Bivens,
founder of Bivens & Asso-
ciates, P.L.L.C., a practice
dedicated to elder law, estate planning and
special needs. “When I started law school I
had intended to provide my pro bono ser-
vice hours working for the elderly. At the
time, I had no idea that I could focus my
career on elder law. I got really lucky ac-
tually; sometimes your life path finds you
and sometimes, you find it along the way.”
Contrary to her statement, it seems that
luck has little to do with this accomplished
lawyer’s success. Not only is she a dedi-
cated steward of the law, but Bivens’ clients
describe her as warm, caring and sincerely
interested in their lives. Navigating the
murky and often turbulent waters of health
" ... sometimes
your life path
finds you
sometimes, you
find it along
the way."
By Susan Cushing
care, fraud, finances, and myriad other
concerns facing seniors, Bivens first and
foremost provides a very personal touch.
Stephanie A. Bivens, Esq. C.E.L.A. is a
Phoenix native who graduated from Ari-
zona State University, is certified as an el-
der law attorney by the National Elder Law
Foundation and accredited by the State Bar
of Arizona. Choosing an area of expertise
that covers not only elder law but also, spe-
cial needs, estate planning, probate and
guardianship/conservatorship, Bivens’ fo-
cus has been on protecting and providing
a capable voice for those who need it most.
“It wasn’t until I was out of law school
and working for a very large firm in Phoe-
nix, doing general civil litigation and
insurance defense work, that I actually
started considering what I would most en-
and
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3. "There are very few attorneys practicing in this
particular area, and I'm proud to be one of the most
tenured in Arizona."
joy doing,” she explains. “I ended up leav-
ing that firm and going into elder law and
haven’t looked back.”
Now with 20 years under her belt, Biv-
ens remains one of less than 500 attorneys
nationwide, certified by the Elder Law
Foundation. While two decades ago Bivens
followed her heart and interests into this
somewhat obscure specialty, today, with
the ever-expanding growth of the senior
population, this is a niche that has sud-
denly begun to explode. In fact, it’s only
in recent years that this specialty has been
added to the roster of studies in most law
schools.
“I’m something of a dinosaur,” she notes
with a laugh. “Really, there are very few
attorneys currently practicing in this par-
ticular area, and I’m proud to be one of the
most tenured in Arizona.”
What is Elder Law?
Although certainly not new, the practice
of elder law does not have the same brand
recognition as say, criminal, divorce or
corporate law practices. Actually, many of
the services provided by Bivens & Associ-
ates, P.L.L.C. cut across several more tradi-
tional areas of law, but may be approached
differently with regard to age and situation
of their clientele.
“A significant portion of our elder law
practice involves rendering advice in such
areas as long-term care insurance, Medi-
care, veterans benefits and Medicaid (Ari-
zona Long Term Care System),” Bivens
explains. “It often comes as a surprise to
families that Medicare does not pay for
long-term care such as non-medical home
care, adult day care, assisted living, mem-
ory care or skilled nursing, beyond 100
days. Paying for such extended options
can quickly exhaust savings and even put
families in financial ruin.
“We can analyze a client’s options and
help make the best decisions,” she contin-
ues. “Hundreds of families have turned to
us when they are dealing with the endless
red tape of applying for benefits to pay for
care, or safeguarding loved ones so they do
not end up out of money and out of op-
tions. We can help find solutions for legal
problems and financial frustrations, as well
as find quality support and services.”
And, while it’s always best to plan ahead
for such situations, Bivens emphasizes that
it’s never too late to reach out. Whether
planning in advance or facing an imme-
diate crisis, clear and compassionate legal
advice is the best option.
Bivens also prepares estate plans for per-
sons of any age, but with her senior clien-
tele, brings real-world experience to pro-
vide practical solutions to unique issues of
aging, such as incapacity. In addition, she
frequently represents agents and trustees,
handling medical and financial matters for
aging family members.
Special Needs
One of the most frightening prospects
for parents of special needs children is the
looming question, “What happens when
I’m gone?” Taking steps to ensure that lov-
ing and proper care continues can be al-
most overwhelming. Add on working out
complicated details through frustrating
government bureaucracies and one can see
that it’s virtually more than an average citi-
zen can maneuver. Indeed, anyone who ac-
tively serves as a caretaker or advocate for
a loved one with special needs must face
tremendous anxiety wondering, “Who will
provide this same level of concern once I’m
no longer here?”
The answer is as complex as the situation
itself.
“There are so many things to consider
in these situations,” Bivens confirms. “De-
pending on the loved one’s situation, age,
and so on, there must be provisions so that
he or she does not lose whatever govern-
ment benefits they are currently receiving.
Frequently, we’re drafting trusts, so that
the parent’s money may be used to supple-
ment care but not disqualify the loved one
from help that is already being received.
Essentially, our goal is to provide the best
of both worlds, public and private benefits.
“In other cases we’re working with per-
sonal injury attorneys who have a plaintiff
who is disabled,” she continues. “Now that
plaintiff is going to come into a financial
settlement and if they receive those funds
directly or outright, it could cause them to
lose public benefits, so we prepare a special
needs trust to ensure lawsuit settlements
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4. At a
Glance
Bivens & Associates, P.L.L.C.
5020 East Shea Blvd., Suite 100
Scottsdale, AZ 85254
(480) 922-1010
www.bivenslaw.com
Practice Areas
Elder Law
Estate Planning
Special Needs Planning
Education
Juris Doctor, Arizona State University,
1996
Bachelor of Science in Business
Adminstration, Arizona State
University
Certifications
Certified Elder Law Attorney,
National Academy of Elder Law
Attorneys, 2016-Present
Professional Memberships
National Academy of Elder Law
Attorneys
State Bar of Arizona, Elder Law,
Mental Health and Special Needs
Planning Sections
Arizona Fiduciary Association
Arizona Women Lawyers Association
Maricopa County Bar Association
National Academy of Elder Law
Attorneys, Arizona Chapter
Community Involvement
Preferred Association Senior Referral
Specialist in Arizona, Board of
Directors
East Valley Adult Resources
Foundation, Board of Directors
Alzheimer's Association, Annual Walk
to End Alzheimer's Team
Hobbies
Travel
Outdoor Sports
Favorite Quote
"The fear of flying inhibits soaring."
- Anonymous
help rather than hurt.”
In what is described by Bivens as es-
sentially a “soup to nuts” menu of legal
services, she and her associates provide
very specific and personalized options to
suit every situation. Years of experience
navigating the labyrinth of rights, benefits,
and unique circumstances facing those
with special needs, makes them supremely
qualified to resolve virtually any problem.
“We often collaborate with other law
firms,” says Bivens, “and just handle per-
haps the one aspect of the case in light of
the special needs because that is what we
have become exceptionally well-versed in
understanding and dealing with on a day-
to-day basis.”
A Growing Practice
Bivens’ firm is currently home to four
other very gifted and highly qualified at-
torneys, including Charlotte Johnson,
Robin Cochran Kruger, Letty Segovia and
Megan Selvey. The demands for their very
special services are growing by leaps and
bounds. So much so, that in addition to
significantly expanding their offices, they
are actively seeking additional attorneys
and staff to accommodate the growing cli-
entele.
“The population that we serve is only
growing,” says Bivens. “Boomers are boom-
ing, the older population is living longer,
and special needs population seems to be
multiplying as well. Those individuals and
families that we serve are growing by num-
bers that are just staggering so we decided
that we are going to expand our office so
that we can help more people.”
Bivens & Associates, P.L.L.C. is a tight-
knit group of like-minded individuals who
bring to the table not only professional in-
tegrity and expertise, but also compassion-
ate hearts. This family-like atmosphere is
only enhanced by the actual relatives on
staff, including Bivens’ husband, John Biv-
ens, III, as well as sister-in-law and broth-
er-in-law Rebecca and Robert Stowe.
“What we do is really more defined by
the clients we help than the exact law we
practice,” says Bivens. “We practice in al-
most any area you can think of. We prac-
tice in administrative law, draft estate plans
and special needs trusts, and we’re often in
court dealing with guardianship, conser-
vatorship, probate, trust administration,
and related litigation matters. Our clients
range from individuals, licensed fiducia-
ries, county and tribal fiduciary offices to
large banks, trust companies and financial
institutions.”
For such a seemingly specialized niche,
Stephanie Bivens casts a wide net and a
long shadow of support and comfort for
thousands of Arizona families.
“The
population
we serve
is only
growing.”
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