Becky Walter – Page 12 – Hanis Irvine Prothero PLLC

What is Elder Law?

November 2012

In recent years, a new area of law has emerged, that many are calling “Elder Law”. Unfortunately, not many people know what elder law is. Attorneys who practice in the area of elder law focus on the legal needs of the elderly, and work with a variety of legal tools and techniques to meet the goals and objectives of the older client.
Elder law attorneys handle general estate planning issues and counsel clients about planning for incapacity with alternative decision making documents. I also help clients in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client’s right to quality care are all part of the elder law practice.

Elder law has become an important area of law. One in two Americans will suffer a disability during their lifetime, requiring the appointment of someone to manage their financial affairs and make health care decisions. Additionally, 40 percent of Americans over the age of 60 will face admission into an assisted living facility or nursing home. Proactive planning can make this situation more manageable and less costly, as well as help preserve autonomy and privacy. Lack of planning, on the other hand, can result in unnecessary court intervention, increased costs and negative tax consequences, as well as greater loss of autonomy and reduced privacy.

Why and When You May Need an Elder Law Attorney
Elder Law Attorneys have been specially trained to set up effective plans to deal with disability before it strikes and to help soften the blow when it comes. Elder Law attorneys are able to offer insight and services not found in traditional law firms. Estate lawyers typically focus on death-time planning, such as distributing assets to heirs through a will or living trust and taxes. Elder law attorneys, on the other hand, address not only these needs but also needs before death, preparing for periods of serious illness or incapacity. While a portion of my practice is traditional estate planning, a growing percentage of the clients I see each week come to me with elder law issues.

Elder law recognizes that people are living longer with chronic illnesses and will face periods of either short-term or long-term incapacity. These chronic illnesses cause impairments that result in long-term care expenses and loss of independence. Elder law attorneys help senior citizens preserve their independence, avoid impoverishment and implement their desire to pass their estate to loved ones.
Without proper planning, incapacity can very often mean guardianship. When a court guardianship is imposed, the individual judged to be incapacitated loses autonomy. The procedure can be expensive, frustrating and time-consuming. Elder law attorneys provide assistance to avoid guardianships and are able to consult with you to create an effective and comprehensive incapacity plan. It may include drafting new wills with special provisions, powers of attorney, health care powers of attorney, or consulting on how to pay for the devastating cost of nursing homes, through Medicaid and Veterans benefits planning.

Mark Albertson is an Elder Law/Estate Planning Attorney with the Kent Law Firm of Hanis Irvine Prothero, PLLC. Mark offers articles and free online video workshops on his LawBlog at www.markalbertson.com.

HIP Law Firm is accepting resumes for an experienced Civil Litigation & Transactions Paralegal/Legal Secretary

Hanis Irvine Prothero PLLC, is accepting resumes for an experienced civil litigation and transactions Paralegal/Legal Secretary.

The duties of the position include, but are not limited to:
– Experience in drafting documents such as deeds, bills of sale and other documents in real estate and business transactions.
– Prepare (or assist in the preparation of) and filing of legal documents including pleadings.
– Assistance with probate and trust administration and litigation.
– Assistance with all matters related to civil litigation.
– Review, analyze and organize a variety of legal matters.
– Preparation of estate planning documents.
– Correspond with clients, witnesses, and third party vendors.
– Calendaring and case management.
– Coordinate dissemination of documents to clients and parties.
– Prepare monthly billing.
Other projects and duties as assigned.

Requirements
– Two or more years experience as a Paralegal/Legal Secretary with knowledge of civil pleadings, real estate, and probate.
– Related degree or certification preferred
– Highly motivated and a self-starter;
– Ability to interact well with attorneys, staff and clients;
– Good organizational, writing, and proofreading skills; and
– Ability to track and meet case deadlines
– Bilingual (Spanish language) preferred.

We are a full-service law firm dedicated to providing quality legal services to individuals and businesses throughout South King County. We are comprised of accomplished and experienced attorneys with diverse backgrounds. We offer a friendly atmosphere & competitive compensation package and excellent benefits.

Please provide a cover letter and resume.
All inquiries will be treated as confidential.

bwalter@hiplawfirm.com
www.hiplawfirm.com

The Importance of Powers of Attorney

A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood.

Everyone has been told that it is important to have a will, but for many older people, the most important documents are powers of attorney. They are, quite frankly, the neglected step-children of estate planning, yet in my practice; they serve to be more important that wills.

Many people confuse the power of attorney (POA) with a will, but these documents are two very different things and have two very different functions. A will goes into effect on the day you die. A POA applies during your lifetime and ceases to apply when you die. So you actually need both a POA and a will as they complement, and do not overlap, each other.

To add a twist to the subject, there are two types of POA:
one for finances and legal matters, and one for health care. These two types are completely separate. They deal with different areas of your life and both are required for effective estate planning.

Power of Attorney for Finances and Legal Matters
A POA for property gives the designated “attorney” – the person you name on the POA document as your decision maker – legal control over all your property. “Property” refers to both real property (real estate) and personal property (all other assets including stocks IRA’s, and bank accounts).
The purpose of a POA is to make it easy for your designated attorney to access your finances and, in that way, take care of your property.
The language in the document controls anything the agent can do. As such, it must be carefully drafted according to your desire. Most POA’s allow a wide-range of things, including: paying bills, selling your home, managing investment accounts and IRA’s, dealing with the IRS (including signing tax returns)
Although a POA for property may be used to help you when you can no longer help yourself, it usually goes into effect the day it is signed. It’s therefore essential that you have great confidence in your designated attorney. They must be someone you can trust, without reservation, to use your property for you and not for themselves, or anyone else.

You can specify in the POA document that you must be mentally incapacitated for the POA to take effect, but this provision is not recommended. That’s because it’s difficult to define and prove “incapacitated” and could mean that your case goes to court in an attempt to determine whether you can make decisions for yourself or not.

Such a lengthy, complicated and expensive legal process defeats the whole purpose of the POA which, as pointed out earlier, is to give your designated attorney fast and easy access to your finances, when necessary.

In all cases, you want to choose someone who is good at managing money to be your POA. Your partner may not be the best choice if you know they have difficulty with money. However, if your partner is trustworthy with money, they may be the perfect choice.

If you don’t have a valid financial POA in place and you become incapable, the person who wants to manage your property would need to apply to the courts for the right to do so through a process called a guardianship. Many people call the guardianship a “living probate”, and it should be avoided at all cost. The process is time consuming and expensive, especially when compared to the costs of putting a POA for property in place. Furthermore, the person who applies for the right to manage your property may not be the person you would have selected. With a POA in place, you can guarantee that a person of your choosing is in charge of your property.

Power of Attorney for Health Care
A POA for personal care gives your designated attorney the power to make decisions on your behalf in relation to medical issues, hospitalization and long-term care when you are no longer capable of making such decisions yourself. In the case of a POA for personal care, it is a doctor who determines whether you are able to make such decisions.
If you have specific wishes for a particular treatment or plan of care, you can write them directly into your POA document. If your wishes are included in the POA document, or if you have expressed your wishes verbally, your attorney is required by law to make decisions based on those wishes. In the absence of any specific wishes, your attorney is left to make decisions based on what they consider to be your best interests.

Once again, you will want to designate someone you trust implicitly to serve as your attorney. They will be making very important decisions for you regarding your health and long-term care.
Everyone needs to designate a power of attorney, no matter what his or her financial or relationship status. POA ensures that a person of your choosing is the one who retains the undisputed right to make key decisions about your life.

Make sure you have created both a both POA’s, in addition to a will.

Drafting a power of attorney is inexpensive, especially when compared to the expense potentially created by not having one in place when the need arises. Cost should not be a reason for you to postpone the process of creating your POA.

Mark Albertson
Attorney at Law
malbertson@hiplawfirm.com
253-520-5000

Mark Albertson appointed to the Green River Community College Board of Trustees

Governor Christine Gregoire has appointed HIP attorney and partner, Mark Albertson, to the Green River Community College Board of Trustees, to be effective October 1, 2012.

The Board of Trustees for Green River Community College is composed of influential community members who reside within the college”s District 10 service area. Trustees are volunteers serving a five-year term by appointment of the Governor.

Trustees bring a rich diversity of backgrounds and skills to the governance of Green River Community College; they serve as an important communication link between the college and the community. In addition, Mark will sit as a member of the Trustees Association of Community and Technical Colleges. This association is comprised of trustees from the 34 community and technical colleges statewide.

Immigration law for non-immigration lawyers: Spotting the issues

Cynthia Irvine, the Department Chair/Lead Attorney of HIP’s Immigration Department will be an invited speaker at the upcoming Washington State Bar Association Continuing Legal Education conference on “Immigration Law for Non-Immigration Lawyers: Spotting the Issues” on September 12, 2012. Cynthia’s panel will discuss the ethical implications and challenges for attorneys when immigration issues arise in their everyday practices. She will also discuss the recent proposed changes to the Washington State attorney Rules of Professional Conduct clarifying the ethical violations that occur when attorneys attempt to threaten or intimate parties or witnesses with their immigration status in civil litigation matters. Cynthia served on the special WSBA workgroup that drafted these changes that are currently before the Washington State Supreme Court.