July 2022
As part of our continued growth, Brothers & Henderson, P.S is pleased to welcome M. Heather Kolby to the firm as an Associate Attorney. She earned her Juris Doctor from Santa Clara University School of Law, her Master of Science degree in School Psychology from San Jose State University, and her Bachelor of Arts degree in Psychology from California State University, Northridge. Ms. Kolbly’s practice at the firm will focus on Special Education law and estate planning. Her background includes 13 years as a school psychologist in the California public school system and then most recently on the public schools on the Eastside of Seattle. From that experience she gained a deep understanding of how schools and school districts function and the learning differences, disabilities, and emotional and psychological challenges that students face every day in their continued learning. Prior joining Brothers & Henderson, she managed her own solo-practice law firm for 10 years.
Adult children of aging parents often experience a variety of emotions when they realize their mothers or fathers can no longer care for themselves, especially when an Alzheimer’s diagnosis confirms cognitive problems may not improve. Alzheimers.net notes that seeking legal guardianship of an elderly parent suffering from Alzheimer’s can authorize you to make decisions on that individual’s behalf, which may streamline choices related to medical care and financial issues. Individuals seeking guardianship of this type must take several legal steps before they can receive power of attorney and attempt to maintain an elderly parent’s quality of life. The benefits of guardianship Elderly parents who suffer from Alzheimer’s usually experience a decline in memory and other cognitive functions that can affect their overall health. They may suffer from lapses in hygiene and suffer from poor nutrition when they can no longer cook for themselves. Seeking guardianship has several benefits for both the elderly parent and the adult offspring seeking guardianship, including: Improved nutrition/meal program placement Improved health through assistance with hygiene/dressing The ability of the elderly parent to age with dignity Legal guardianship also gives adult children the opportunity to direct care for comparative elderly parents who may believe they do not require such assistance, despite evidence to the contrary. Steps to guardianship Once an elderly parent’s family receives an Alzheimer’s diagnosis for that individual, the next step takes place in court, where the adult child seeking guardianship must prove his or her parent can no longer make sound decisions or perform daily tasks that support good health. The petitioner must also prove that he or she has the capacity to act in the best interests of the person suffering from cognitive decline. Putting a legal guardian in place as soon as possible for an elderly person suffering from Alzheimer’s can prevent ill health and exploitation from individuals or companies that may take advantage when no one is there to offer protection or guidance.
The fact is that most people require long-term care once they reach a certain age. According to the Administration for Community Living , 70 percent of people over 65 need some form of long-term care. You should begin planning for professional elder care sooner than you think. The severity and costs will vary, but it is better to overprepare than get caught without the necessary health care arrangements. Do not burden your children When it comes down to it, you do not have the final say on when to start planning for long-term care. You might think you do not need it, but if you have children or family who care about you, they will have the burden if you avoid planning for assisted living. It is tough to predict how healthy you will be as you age. Do not put the stress of making such difficult decisions on your children. Be realistic about your finances Consult with professionals about what you can expect to pay. Sometimes people have the means to pay for their long-term care without financial aid. However, most people require some form of insurance. Whether it is private or Medicaid , you need to get the details sorted out before long-term care starts. Usually, people fund their assisted living through a combination of personal assets and insurance plans, so start investigating your financial situation today. Too many people put the burden of long-term care on their descendants. Planning ahead will give you peace of mind and ensure your children and loved ones do not have to make any difficult decisions for you.
As you watch your parents get older, you probably wonder what will happen if they become too sick or infirm to handle important financial activities or make medical decisions for themselves. In the event one or both of your parents suffer a serious decline in health, they may need a power of attorney to act on their behalf. You and your parents might worry about investing too much power in one power of attorney, also known as an agent. Aging Care explains that choosing multiple powers of attorney may work as an alternative. Name different powers of attorney There are two main types of power of attorney. One takes over financial responsibilities like paying bills, preparing taxes and making bank deposits. The other takes charge of medical decision-making, including approving medical treatments and managing care for a person. Some people have no problem giving a single agent both of these kinds of responsibilities. However, your family can keep these powers of attorney separate, meaning you will have two different agents with separate areas of authority to act for your parents. Name co-powers of attorney If your parents still think one person should not have total charge of their medical care, they could select two people to act as co-agents, with each agent requiring the consent of the other before making a decision. Remember that co-agents must be able to agree on courses of action. A conflict between them could delay crucial decisions. Families deal with possible conflict between co-agents in different ways. They can give more independence to one power of attorney or invest veto power in one agent. Make sure that the laws of the state of Washington allow for whatever power of attorney arrangement your family wants to set up.
