Washington Elder Legal Questions

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 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 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 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 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 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 Answer