What is Elder Law?
Elder law is a specialized area of legal practice focused on the needs and rights of seniors and their families. As the aging population continues to grow, so too does the demand for legal guidance in addressing the unique challenges and issues that arise in later life. Elder law encompasses a wide range of subjects, including estate planning, estate and trust administration, guardianship and conservatorship, Medicaid, special needs planning, VA benefits, and long-term care.
But what exactly is elder law—or, more specifically, how do we know what elder law is? Some say that there is no direct definition; that the definition of elder law is in the eye of the beholder. In that sense, opinions on elder law may vary widely across different parts of the nation. A lawyer who solely practices in state court and handles nothing but probate cases all day long will probably have a narrower understanding of elder law than an attorney who also handles all manner of litigation, including personal injury, employment, and environmental claims.
Some elder law attorneys are involved in legislative initiatives directly affecting the lives of seniors. A few elder law attorneys specialize in litigation, sometimes in the area of guardianships and conservatorships or even wrongful death and medical malpractice stemming from elder abuse.
In that sense , the field of elder law is vast and covers much of the legal landscape. But the practice of elder law is never static and changes each day as the challenges faced by our elderly population increase and as our social, economic, and political system changes to meet these challenges. To say elder law is always in a state of change is to state the obvious because change is the very essence of life itself.
Elder law attorneys increase their knowledge and experience by attending specialized seminars held throughout the country. By attending these programs, they benefit from hearing experts in the field, meeting with other lawyers, and being involved in a collegial atmosphere that fosters friendship and encouragement amongst peers.
Of course, not every lawyer who claims to be an elder law lawyer actually practices in elder law. The problem, of course, is that other areas of the law so frequently intersect with elder law that laypersons and even some lawyers may not know the difference. Therefore, it is prudent to do your homework and choose an elder law attorney who concentrates his or her law practice in the field of elder law and who also knows when he or she should consult with other specialists to meet your particular needs.
Elder Law Issues That Are Unique to Spokane, WA
In addition to the general legal issues that arise with aging and disability—such as incapacity planning, guardianship, community property rules, and more—there are some specific concerns that have a unique impact on Spokane, WA residents. For instance, the average age of death in the state capital is 80.7 for men and 84.4 for women, both of which are slightly lower than the national averages of 76.9 for men and 81.1 for women. Residents in Washington have the sixth highest life expectancy in the nation. While this means that Spokane residents can expect to live long, long and happy lives, the impact of preemptive estate planning and related issues is felt through the generations, particularly in families in which wealth is passed from one generation to the next, a common occurrence in Spokane. This makes elder law matters even more imperative to the future of many Spokane families. Because of Spokane’s relatively healthy older population, which is engaged in society and resistant to many issues that often plague the elderly, related elder law issues are expected to continue to carry a strong importance in the coming decades.
As such, Spokane attorneys must address a variety of questions that elicit a range of responses and approaches that evolves and adapts with each family and individual. Financial planning is always high on the list, as older generations often have wide-ranging assets that they wish to protect while they are alive and preserve for the benefit of future generations after they pass on. Concerns about real estate holdings are also important to many. Estate taxes and related changes in the U.S. Tax Code, Medicaid planning, and end-of-life concerns all loom large. Local elder law attorneys are adept at not only addressing these concerns, but also working with local accountants and financial planners in order to address the specific and unique needs of their clients.
When it comes to estate planning, there are many things to consider. For instance, Spokane’s extremely affordable cost of living is enticing and a major reason many retirees flock to the area. However, while this means you can live comfortably with relatively modest assets, Medicaid counts income in assessing whether or not a person qualifies for its benefits if they have too much, that amount ($2,742/month in 2016) is deducted from income in order to replace that income so as to meet eligibility requirements. Because of this, a financial planner will look to ensure you don’t have too much in your estate, as doing so could dramatically reduce your monthly benefits. In addition, a plan which allows for maximum assets transferability without paying the government more taxes than required is essential. Conversely, an estate planning attorney will generally attempt to avoid making gift transfers to heirs while ensuring that you still receive any/all benefits through your retirement.
The transfer of property to beneficiaries is where trusts and powers of attorney for financial and healthcare needs come into play. These are generally recommended as part of comprehensive elder law planning in order to ensure that a spouse, family member, friend, or other trusted party can make decisions on your behalf if you are unable to do so due to incapacity. As such, they allow for the seamless transfer of assets while avoiding probate or other legal entanglements.
These important questions relating to elder law, estate planning, and what Spokane attorneys can do to help address them are just the tip of the iceberg.
Estate Planning and Elder Law
Estate planning is another vital aspect of elder law. This area of law determines how your assets and wealth are divided after you pass away. Estate planning is like operating a small business. You have a board of directors—your family—and they need to know about all of the financial and legal accounts you have. Doing so will ensure that the transition goes smoothly. A will (or testament) is important whether you have a lot of money and assets or not.
A will is your last chance to share your wishes of where you want your money and possessions to go after you pass away. If you have a trust, or are interested in creating one, you can use it to distribute some of your assets. Additionally, there is something known as "intestacy." Intestacy occurs when you do not have a will. When a person dies without a will or testament in place, some people end up having their estate be distributed by the court. The court decides who gets what. By having a will, you can avoid this situation and help your family members out in the long run.
You can also appoint a power of attorney to look after your medical and financial matters when you become incompetent or unable to do so. A power of attorney looks after your finances, while a health care agent looks after your medical decisions.
Medicaid and Long-term Care in Spokane
Medicaid provides medical and long-term care benefits to qualifying individuals over 65 or with a disability. Residents of Spokane County are eligible for Medicaid benefits if they meet certain income and resource requirements set by the Washington State Medicaid Assistance Program.
Medicaid is a publicly-funded health insurance program primarily administered by the Washington State HCA (Washington State Health Care Authority). It covers a wide spectrum of physical and mental health, medical, and home- and community-based services. Different categories of Medicaid include:
Medicaid coverage can start on the 1st day of the month of application. In certain situations, Medicaid can also be backdated for three months if eligibility criteria were met the previous quarter. This is useful for those who may have had medical expenses they can no longer afford, but which may not have been manageable to pay at the time.
Accessing Medicaid services involves a multi-layered application process, including completing an assessment, submitting documentation of your financial situation, and working with your established Medicaid financial planner. Medicaid has programs that pay the monthly premiums for Medicare Part A and Part B, as well as Medicare co-pays and co-insurance for those who qualify.
Multiple levels of care are covered under Medicaid, ranging from personal care services that may be performed in the home to linguistically appropriate translator services in care facilities. Coverage is also available for home modifications, medications, durable medical equipment, and life-affirming medical services. Financial assistance is available to help ensure that Medicaid can cover the cost of live-in and in-home nursing care for those who need it.
Elder Abuse and Supportive Laws in Spokane
In Washington State, the law is very clear on the protection of vulnerable adults. Through the long-standing Adult Protective Services (APS) program and its comprehensive database, local authorities maintain a website with reports of all vulnerable adults in their care. For fast access to elder care providers, the Spokane APS website offers a broad range of services and resources for those caring for the elderly.
Washington State RCW 74.34 . 020 defines abuse as:
"(a) The abusive use of physical or chemical restraints on a vulnerable adult or the inappropriate use of medication that results in physical pain or mental anguish or the risk thereof;
(b) Physical injury caused by other than accidental means or the infliction of physical pain;
(c) The infliction of mental anguish;
(d) Deprivation by a person, including a caregiver, of essential needs or life essentials including, but not limited to, food, water, shelter, clothing, medication, or supervision necessary for basic health and safety; and
(e) Abandonment, which means no provision has been made by the family or other care provider for the vulnerable adult’s support and the caregiver has abandoned the vulnerable adult." [1991 c 224 § 2.]
As elder law attorneys, we can provide support to families dealing with elder abuse, especially if they need to pursue legal action. Gaining guardianship is one way to protect vulnerable adults from those who would cause them harm. Additionally, when there is neglect involved, it should be reported to the police as neglect frequently leads to malnutrition and emaciation.
Choosing an Elder Law Attorney in Spokane
Choosing an experienced elder law attorney is a crucial decision that can significantly affect your family and medical plan choices in your golden years. Since the field of elder law has a limited number of qualified professionals, finding the right one might take some time. Your needs may be unique, so it’s important to stick to a methodical approach when selecting the lawyer that’s right for you. The main criteria should be an understanding and awareness of your specific situation. Look for a professional who can walk you through the right choices for your needs, not one who simply pushes a "one-size-fits-all" solution. It helps if you narrow your search for a legal professional who has a comprehensive background in elder law issues. Someone who is familiar with a wide variety of elder law issues has likely encountered many different situations and can give you the most thorough representation and help for your particular needs. An attorney who has worked with the local center for adult protective services is more likely to have the experience needed to deal with elder law concerns. Another sign of someone who has expertise is a willingness to honestly describe the process for how they will handle your case, and to clearly delineate the legal fees and charges based on their experience and knowledge. An experienced elder law attorney can give you a clear explanation of your options, including how to choose the right one for your family and your finances.
Assistance and Resources for Elders in Spokane
Elders looking for answers in the legal space already have access to a wealth of resources in the Spokane community and around the state of Washington. Here are some online and in-person resources that Spokane seniors and their families may find helpful:
Aging & Long-Term Support Administration (ALTSA) – ALTSA is a resource finder from Washington State that helps connect you with health and long-term care services for Washington residents aged 60 and over. Access ALTSA online resources from its Aging Resources Finder website.
Washington Law Help – WashingtonLawHelp.org is a statewide nonprofit that connects people to civil legal aid resources and information. Users can get answers to some of their questions about the legal issues they face at home and find free, low-cost local legal assistance. Try the WashingtonLawHelp.org guided interview to answer questions that will help you get needed legal information.
Dementia Support Group Guide – Finding an in-person support group for dementia caregivers can also be a challenge . This guide from the Alzheimer’s Association can help you find a local meeting and support group for your needs.
Aging and Long-Term Care of Eastern Washington – Provides information and connections to a variety of resources for seniors, including housing options, transportation, legal assistance, and volunteer programs for Western Washington seniors.
Social Security and Seniors – This guide offers some of the most frequently asked questions and answers about Social Security for seniors and their family members.
Spokane Home Alert – This program provides devices to help senior citizens maintain independence and stay at home longer. The devices include fall alarms, medication compliance monitors, smoke and carbon monoxide detectors, wandering prevention systems, and more.
Spokane Valley Senior Center – Located at 10814 E. Sprague Ave., Spokane Valley, WA, holds multiple events, activities, and classes for Spokane Valley seniors every week. The center also offers free consultations with an elder law or estate planning specialist. It is located near Spokane Country Club Golf Course.