By Beth A. McDaniel, JD, CELA

 

In 2021, according to the U.S. Census, there were 37 million one-person households in the United States, representing 28 percent of all households, and 15 percent of the overall U.S. population.

 

Although there are many upsides to living alone, one significant downside – regardless of whether you are 24 or 94 — is that others may not know about a health emergency until it is too late. 

 

For example, U.S. clinical trials suggest that drugs which dissolves clots and restores blood flow (tissue plasminogen activator or ‘tpa’) should not be used more than three hours after the onset of a stroke. Further, a Cornell physician responsible for training medical professionals estimates 60 percent of non-fatal falls occur inside the home. In short, precious time can be lost if others don’t know that you are hurt or in a health crisis. This lost time may cause permanent health issues or in extreme cases the required disposal of your entire house’s contents (except for possibly glass) due to your body’s being undiscovered for a significant period.

 

Thankfully, there is technology which can alert emergency contacts if something is amiss. Here are just a few of the options:

 

Snug App. With this app, available for apple and android phones, you check in every day by pressing a button (as a bonus, pressing the button is followed by the receipt of a daily inspirational quote). If you do not check in within ten minutes, your emergency contacts will receive a text (with the free version), or, with the paid version, a dispatcher will call and reach out to your contacts if you do not answer your phone. If the dispatcher does not receive confirmation that an emergency contact has checked in on you, the dispatcher will call 911 to request a welfare check at your cell phone’s last known location. For more information, go to www.snugsafe.com.

 

Medical Alert Systems. These systems include a base unit and wearable accessories like pendants or wristbands. Pendants usually are used as fall detectors; whereas wristbands contain GPS tags which allow caregivers, through a phone app, to track your activities and respond to emergencies.

 

Apple Watch. An Apple Watch SE or Apple Watch Series 4 can be set up to detect a hard fall while wearing the watch. If the watch detects you are moving following a fall, it waits for you to respond before calling emergency services. After you are immobile for more than a minute, the watch will send a message to an emergency contact in your Medical ID.

 

In short, individuals living alone, regardless of age, should take steps to assure someone will be notified upon a medical emergency. Otherwise, you may need to wait until a co-worker requests a welfare check (if you are still employed) or hope that a neighbor happens to notice a change in your routine. For example, one of our client’s neighbors knew something was amiss when he didn’t open his front drapes one morning. Using simple technology, emergency contacts or first responders can be notified before it may be too late.

 

If have questions or wish to make an appointment, please contact our client care coordinator, Margo Passeau, at (425) 296-3121.

 

First Published: January 2023

By Beth A. McDaniel, JD, CELA

 

For political reasons, on January 1, 2021, the minor guardianship laws in Washington state significantly changed and on January 1, 2022, the adult guardianship laws in Washington state significantly changed, as Washington adopted the Uniform Law Commission’s Guardianship, Conservatorship, and Other Protective Arrangements Act. To date, only Maine and Washington have adopted this act.

 

Although we are approaching the end of 2022, I can safely say that the judiciary and lawyers are still learning what this new set of laws entails. Under the new laws, there are more notice requirements, a new vocabulary, new record keeping requirements, and increased requirements to demonstrate that other alternatives to guardianship (for medical decision making) and conservatorship (for financial decision making) have first been considered.

 

One thing that is apparent is that this new law has made Washington counties less uniform than ever in their interpretations of the new laws. As a result, guardianship lawyers are now choosing to concentrate their practices in only one or two counties. 

 

Another result of the new law is that family guardians who have never used an attorney are now seeking legal representation as the new laws too confusing for family guardians to navigate on their own.

 

I recently decided that, for now, my office is not going to accept any new guardianship/conservatorship cases (aside from minor conservatorships), except for those already on the calendar, so that we can focus on our existing case load. We can, however, provide a Snohomish, King, Pierce, or Skagit County referral list and are always happy to be a resource.

 

As always, the key is to avoid guardianship/ conservatorship whenever possible. The best way is to have a Durable Power of Attorney that is regularly updated (at least every four to five years) by a lawyer familiar with elder law issues. Generally speaking, the cases that are most likely to end up in a guardianship/conservatorship proceeding are those in which there was never a Durable Power of Attorney; there was a Durable Power of Attorney where the only agent named can no longer serve; or there is a Durable Power of Attorney that was executed when the individual (“principal”) was already starting to lose their faculties. When this happens, the wrong agent, or combination of co-agents, may get appointed, an inadequate power of attorney may be executed, or an adequate power of attorney may be improperly executed.

 

Whenever possible, I try to use the Washington’s Durable Power of Attorney to augment an existing power of attorney (for example, to add another agent) or to validate a Durable Power of Attorney when there was an attempt to invalidate it with an inappropriate Durable Power of Attorney.

 

This process requires a court petition, appointment of a guardian ad litem, and entry of an order giving the requested relief.

 

I am also becoming a bigger proponent of revocable living trusts. If a neighbor, friend, or family member who would have not been the elder’s first choice convinces the principal to appoint them as agent under a power of attorney, that agent would not have access to the trust assets, which can greatly mitigate the possibility of financial exploitation – which is a common reason to instigate guardianship/conservatorship proceedings.

 

If a guardianship/conservatorship were to become necessary due to a medical diagnosis, such as frontal lobe dementia, where the individual can become angry and distrustful, a revocable living trust can limit the scope of the conservatorship. If there is an appropriate trustee, the assets of the revocable living trust would not become part of the court-supervised conservatorship proceedings.

 

I realize that developmentally disabled individuals typically do not have an opportunity to execute a durable power of attorney or trust. For these cases, I recommend a full guardianship and limited conservatorship. Also, I recommend that the conservatorship be limited so that the representative payee of the SSI (who typically is also the conservator) does not have to account for the SSI to the Court. This can significantly reduce legal fees. It is also possible to initially request a triennial reporting period, which will also save the legal fees imposed by annual reporting.

 

Do you have questions about conservatorship or guardianship in Washington? If so, please contact our client care coordinator, Margo Passeau, at (425) 296-3121 or margo@bethmcdaniel.com and she will get you the information you need

 

First Published: November 2022

By Beth A. McDaniel, JD, CELA

 

Aging parents, relatives, friends, and neighbors are all potential victims of financial abuse. Older adults are especially vulnerable due to consequences of the aging process (e.g., cognitive decline, poor physical health, and functional impairment).

Financial abuse of elders is universally recognized as a significant problem that is only going to get worse. Yet, according to the National Adult Protective Services Association, only one in 44 cases of such financial abuse is reported.

 

Here are some ways to help prevent financial abuse of your loved ones:

1. Encourage continuous, close contact with multiple relatives and friends, and being as active as possible in local communities (e.g., religious organizations, civic organizations, clubs, and hobby groups).
2. A durable power of attorney, to appoint an agent to assist with finances, and a health care power of attorney, to appoint an agent to assist with medical decisions, are essential. In addition, a revocable living trust can provide another layer of protection by preventing an abuser from accessing financial assets or selling real property.

These documents should be drafted, and regularly reviewed, by a trusted, competent attorney. These documents should also be discussed with trusted family members and friends.

3. Autopayment of routine bills should be established whenever possible. This helps prevent a caregiver — or anyone else – from writing fraudulent checks and absconding funds. In addition, autopayment helps avoid late payments, late fees, and possible duplicate payments.
4. Teach elders to not answer their phone if they do not recognize the number. Instead instruct them to have the caller leave a voicemail. Similarly, tell them to avoid responding to any email allegedly originating from a government agency or company threatening them with negative consequences if they do not provide their personal information or some type of payment (e.g., for back taxes or unpaid traffic fines). Inform them that these are phishing emails sent by scammers.
5. Urge elders to take inventory of — and photograph — their valuables. Tell them that having a record of all their valuables is helpful if a caregiver, repair person, or other service person comes into their home and steals their property. Inform them that items such as jewelry can be easily taken and pawned or sold, and they might not realize for some time that these items were stolen. Let them know that an inventory is helpful for insurance claims.
6. Encourage elders to develop a buddy system with neighbors who can keep an eye on them and their home. Instruct them to provide their buddies with contact information for their adult children or other responsible adults. This enables the buddies to contact someone if they believe something is amiss.
7. Advise elders to contact the police if they suspect financial abuse, regardless of the perpetrator. Advise them that financial abuse is not just a civil matter, but also a crime.

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: September 2022