Elder law is a broad legal field and encompasses many issues, including
- Changes in the Washington State Health Care Authority Medicaid)
- Changes brought about by the Patient Protection and Affordable Care Act
- Long-term healthcare plans
- Whether the Federal Unified Gift and Estate Tax and Washington State Estate Tax applies
- The impact of TEDRA (Trust and Estate Dispute Resolution Act) on how a will or trust is interpreted
- Guardianship statutes
- Durable Power of Attorney
VULNERABLE ADULT ABUSE
Elder law also covers laws related to Vulnerable Adult Abuse. Whether because of age, disability, or other factors, dependency on others and resulting vulnerability become an issue. If you or someone you know suspects they are being taken advantage of, some issues and problems include:
- Undue influence and the evaluation of transfer of financial assets to third parties
- Civil actions for conversion as an alternative to filing a criminal claim
- Fraud and misrepresentation with respect to contracts requiring signature
- Physical abuse, whether active (hitting) or passive (neglect)
- Seeking Petitions for Order of Protection and Motions for a Temporary Restraining Order (TRO), and other civil, as well as criminal remedies
As we age, the issues we consider and the problems we are presented change, and may eventually include:
- What do I want my Advance Health Care Directive to say?
- Are my stocks, bonds, or cash that I wish to give to my children considered “community property”?
- Does my spouse have the right to claim her half of the community property before the kids get it?
- How do I revise my estate plan in the case of a second marriage?
- How do the 2012-2013 estate tax law changes affect my estate plan?
- Is my Last Will in order?
- Do I need a Living Trust?
- Can I use a Power of Attorney?
- We sell our home with a reverse mortgage, but reserve the right to live in it for the rest of our lives?
- What are some basic tips to minimizing federal estate taxes?
My Mukilteo law firm has experience in making sure the rights of the elderly are ensured and not violated.