Elder Law & Long Term Care Planning
Elder Law focuses on the legal needs of the elderly. It includes handling estate planning issues specific to seniors; protecting assets from being depleted by the high cost of long term care; helping clients apply for public benefits such as Medicaid, to help pay for care; and taking any legal action necessary to protect seniors from abuse or neglect.
Estate Planning for Seniors
Seniors often have special estate planning needs. This may include making sure grandchildren are properly provided for in their Will, and tax planning to minimize or eliminate estate taxes.
Couples who marry later in life have special issues to consider. For example, couples with children from prior relationships often want to create a plan that provides for the surviving spouse, then divides their estate among all the children; one or both spouses may want to limit distribution of assets acquired before the marriage to his or her children, particularly if there are significant premarital assets. These issues must be specifically addressed in the Will, and may require additional documents, such as a pre-nuptial or post-nuptial agreement identifying the separate property assets of each spouse, or an agreement prohibiting a surviving spouse from changing the estate plan after the death of the first spouse.
If an individual or couple is facing significant long term care costs, certain provisions can be included in the estate plan to accelerate eligibility for programs such as Medicaid, which pays for nursing home care, without first spending down most or all of a client’s assets on their cost of care.
We will gladly review your existing estate plan free of charge, and let you know if any changes are recommended. We can tailor any estate planning document to meet your needs, and draft an estate plan that is right for you.
Download our Estate Planning Questionnaire.
For a free initial consultation, call us at (425) 455-5513, toll free at 1 (877) 455-5513, or send us an email.
Long Term Care Planning
In the State of Washington, various government programs are available to help pay for long term care provided by a nursing home, assisted living facility, or adult family home. To a limited extent, benefits are also available to pay for in–home care.
The rules governing eligibility for these programs are complicated and constantly changing. The Northwest Justice Project, a nonprofit, statewide legal services organization, publishes pamphlets explaining the basic eligibility requirements for Medicaid for Nursing Home Residents as well as Questions and Answers on the COPES Program, a Medicaid–related program that pays for in–home care, or care provided by assisted living facilities and adult family homes.
Medicaid and COPES recipients are required to contribute most of their income toward their cost of care; this can make it difficult for the healthy spouse to stay in the home or pay bills. Moreover, a Medicaid recipient may not have more than $2,000 in savings and other non-exempt assets; depending on a variety of factors, the spouse of a Medicaid recipient may keep between $45,104 and $109,560 in non-exempt assets. Therefore, transferring assets to the non-Medicaid spouse can be part of a plan designed to accelerate the Medicaid eligibility of the spouse needing long term care, and maximize the funds available to pay living expenses of the non-Medicaid spouse.
If you or your spouse have health problems that mean some form of long term care is in your future, we can help put a plan in place designed to protect your assets to the full extent allowed by law.
Download our Estate Planning Questionnaire.
Protection from Abuse or Neglect
Unfortunately, seniors can be particularly vulnerable to financial exploitation, abuse and neglect. However, there are things that can be done to protect yourself. For example, having a good Durable Power of Attorney in place will help ensure a trusted family member or friend can quickly assume control of your affairs, and protect you and your property, if the need arises.
If there is no Durable Power of Attorney (or one was obtained through fraud, coercion or undue influence), a legal guardianship may be established to protect an incapacitated person on a long-term basis; however, it can take 60 days or longer to establish a guardianship. (The procedure for establishing a guardianship is explained in more detail on our Guardianship page.)
In appropriate circumstances, a special statute makes it possible to quickly obtain an Order for Protection to halt the ongoing abandonment, abuse, financial exploitation, or neglect of a vulnerable adult; the statute defines a "vulnerable adult" to include anyone age 60 or older, or an incapacitated person of any age. The Petition for Protective Order may be filed by anyone with a legitimate interest in the welfare of a vulnerable adult. An Order for Protection may include any relief the court deems necessary for the protection of the vulnerable adult; for example, it may require the respondent to account for the disposition of the vulnerable adult’s income or assets, and it may limit or prohibit the respondent’s contact with the vulnerable adult for a period of up to 5 years. The respondent may also be ordered to reimburse the petitioner for his or her costs, including reasonable attorney’s fees.
If you suspect a friend or loved one is being abused, exploited or neglected, we can explain your legal options. For a free initial consultation, give us a call at (425) 455-5513, toll free at 1 (877) 455-5513, or send us an email.
If you have any questions or would like to schedule a free initial consultation, please call us
at (425) 455-5513, toll free at 1 (877) 455-5513, or send us an email.