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Elder Law Services

Elder Law with Care provides Medicaid Planning in addition to traditional Elder Law services including: Wills, Trusts, Powers of Attorney, Health Care Directives, Special Needs Trusts, and Guardianship.

Special Needs Trust

Sometimes called a “Supplemental Needs Trust” a Special Needs Trust’s purpose is to enable the donor to provide for the continuing care of a disabled spouse, child, relative or friend. The beneficiary of a Special Needs Trust will have access to the trust assets for purposes other than those provided by public benefits programs. In this way, the beneficiary will not lose eligibility for their public benefits programs. A Supplemental Needs Trust can be created by the donor during life or as part of their will. In this way, the beneficiary will not lose eligibility for their public benefits programs.

Last Will and Testament/Trusts

A will legally defines and declares how an individual wants their property to be distributed upon their death.

A will does not go into effect until the individual dies, and can be changed or revoked at any time prior to the individual’s death.

If an individual has no legal last will and testament at the time of death, the laws of intestate succession apply, or it can become the responsibility of the state to distribute the dead individual’s property.

Revocable Living Trusts are another method of distributing assets at death and are beneficial in some specific situations in Washington. A careful review of an individual’s assets can help determine whether or not a Last Will and Testament or a Revocable Living Trust is preferable.

Estate Planning

Estate Planning is a necessity for anyone who wishes to be taken care of in their old age and ensure that family members are cared for after their death. An estate is the total property, real and personal property, of an individual.
Estate Planning is the preparation of a plan to carry out an individual’s wishes as to the disposition of the individual’s estate before or after death.

Wills and trusts that comply with Washington state probate laws are essential Estate Planning tools. Estate Planning can minimize potential taxes and fees, as well as sets up contingency planning to make certain that the individual’s wishes regarding the allocation of real and personal properties to their heirs is achieved.

Guardianship

If an adult becomes incapable of making responsible decisions due to mental disability, the court will appoint a substitute decision maker. This substitute decision maker is called a guardian.

Guardianship is a legal relationship between a competent adult and the adult who is deemed incapable of making responsible decisions, thus unable to take care of their own affairs. Depending on the terms of the guardianship, the guardian may or may not have to seek court approval for various decisions.