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Washington Elder Legal Questions

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9 legal questions have been posted about elder law by real users in Washington. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Washington Elder Questions & Legal Answers
Do you have any Washington Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 9 previously answered Washington Elder questions.
Elder Law
Washington

Recent Legal Answers

Financial Power of Attorney

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Your sister does not need to notify your or request your approval.  If your father had wanted this, he would have named you co-agent and required that the co-agents act together.
Your sister does not need to notify your or request your approval.  If your father had wanted this, he would have named you co-agent and... Read More

What can I do to get Transamerica to reinstate my 98 year old Mother's long term care benefits.

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please review what you have done to get copies of the assessments and whether you (as opposed to your mother) have a legal right to them.  You may also want to consult with an elder law attorney.  Sometimes an approach by an attorney can be more successful.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
Please review what you have done to get copies of the assessments and whether you (as opposed to your mother) have a legal right to them.  You... Read More

Will a nursing home take my husbands social security disability check?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Medicaid only pays when we cannot.  However, there is a "Monthly Minimum Maintenance Needs Allowance" set aside for the spouse, which varies from year to year.  In 2020 it is $3,216.50.  There is also a "Spousal Protected Resource Amount" of half the "noncountable resources" up to $126,800 (2020).  In many states "noncountable resources" include the house and one car.  You might like to consult with an elder lawyer to make sure there is sufficient support for you once your husband enters a nursing home and applies for Medicaid and that, should you pass first, your funds will not be counted in determining his continuing eligibility for Medicaid.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
Medicaid only pays when we cannot.  However, there is a "Monthly Minimum Maintenance Needs Allowance" set aside for the spouse, which varies... Read More

Have a permanent residence in Washington state.. Placing my wife in a memory care facility in Idaho. What might this have to do with application for

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Nothing, for now.  Memory care facilities are assisted living facilites.  They do not accept Medicaid.  However, eventually your wife may need a skilled nursing facility, which does.  Since her residence will be in Idaho, Idaho's interpretation of Medicaid rules will govern.  You might want to consult with an elder law attorney.  You can find an Idaho elder law attorney near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
Nothing, for now.  Memory care facilities are assisted living facilites.  They do not accept Medicaid.  However, eventually your wife... Read More

Do I need an attorney if I am being investigated for financial exploitation of my mother?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
From your description the APS complaint may not have been verified.  If it is not verified, APS will not turn it over to the DA for prosecution and there will be nothing for you to defend.
From your description the APS complaint may not have been verified.  If it is not verified, APS will not turn it over to the DA for prosecution... Read More

How do I get POA back from my non-blood related Aunt? She currently has POA over my Grandmother who gave it to her without sound mind.

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Neither of your should be "overseeing" changes to your grandmother's Will.  It is her Will and her decision.  If you think that your aunt is currently violating her fiduciary duty (her duty to put your grandmother's best interests first), contact a local elder law attorney.  Keep in mind that your grandmother may well want to leave things to someone who is caring for her in her last days -- and that you are not.... Read More
Neither of your should be "overseeing" changes to your grandmother's Will.  It is her Will and her decision.  If you think that your aunt... Read More

Elder law

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your mother has not appointed agents under a Medical Power of Attorney and a Durable Power of Attorney, she may need to be placed under guardianship.   It does not appear that Washington State has resurrected laws of filial responsibility, making children responsible for their parents' care.  You may wish to contact a local elder lawyer.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If your mother has not appointed agents under a Medical Power of Attorney and a Durable Power of Attorney, she may need to be placed under... Read More

How do I get husbands name off financial accts. He has alzheimers.

Answered 7 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your husband has Alzheimer's, he may or may not have legal capacity to enter into a marital property agreement giving up his interest in the accounts.  He also may or may not have legal capacity to deal with them.  See a local elder lawyer about this and about the possibility of becoming community administrator or guardian/conservator with the sole right to manage those accounts.  Use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If your husband has Alzheimer's, he may or may not have legal capacity to enter into a marital property agreement giving up his interest in the... Read More

How can durable power of aaorney be revoked form an incompentent person?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer
Do you mean how does a person who is incompetent revoke their POA. They cannot because they are incompetent. Read the POA or have someone explain it to you. If you can act independently of your sister, no worries, you dont need her to act for mom. 
Do you mean how does a person who is incompetent revoke their POA. They cannot because they are incompetent. Read the POA or have someone explain it... Read More
Elder Law
Washington

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