All Posts in "Contributing Author"

Colby Parks

Tragically, the most senior and respected members of our community, our parents and grandparents, occasionally even great-grandparents, are the victims of exploitation by the most unseemly of suspects: their children.

Amazingly, family members often sue senior relatives out of greed or fear of losing “their inheritance,” and seek a court’s order to take away their relative’s most important civil rights: their right to vote, control their own affairs, make their own decisions, associate with people of their own choosing, even the right to make their own Last Will and Testament.  In elder law, we refer to these matters as “guardianship cases”.  A guardianship case is nothing less than a lawsuit seeking to deny a person their rights.  Regardless of age, we all should take appropriate measures, through effective estate planning, to avoid a guardianship case if at all possible.

There are many sad occasions when a guardianship is necessary.  For example, if a person suffers  a stroke and becomes unable to manage their affairs (in the absence of prior estate planning), a guardianship may be necessary.  Should an adult develop Alzheimer’s (again, in the absence of prior estate planning) then a guardianship may be necessary, so that appropriate decisions, and accountability for those decisions, may be acted upon.  Still, as noted, with prior and effective estate planning, a guardianship case and its inherent costs –which can easily exceed $5,000–and the corresponding loss of independence, can be avoided.

One of the most effective, non-legal planning tools, is frequent and open family communication.  Adult children and their parents and/or grandparents, etc., have to discuss family matters as we grow old together.  Many of us who practice in this area have had to deal with children who call a lawyer before they talk to their mother or grandfather.  Such action is tantamount to starting a railroad engine moving down the track with virtually no mechanism to stop the train.
In addition to open and honest channels of family dialogue, we should utilize durable powers of attorney, trusts, and health care directives to establish the who, what, and when of determining how we control our own lives.

A. Colby Parks is an attorney specializing in elder law in Tacoma, Washington. Please consult a qualified estate planner before creating a will.

Contributing Author by — November 15, 2011 in Everything Else

Each year, on Nov. 11, America observes Veterans Day and honors the men and women who have served in our nation’s Armed Forces. Many of our Vietnam era veterans are now nearing retirement age, or already there. It is important that they — and other American service personnel — know just what retirement benefits they can count on from Social Security as they make their future financial plans.

Like most of the civilian workforce, all current military personnel pay Social Security taxes and earn Social Security coverage. Earnings for active duty military service or active duty training have been covered under Social Security since 1957. Also, earnings for inactive duty service in the reserves (such as weekend drills) have had Social Security coverage since 1988.

In addition to regular military pay, Social Security adds special earnings credits to an individual’s Social Security record when he or she serves in the military. The extra earnings are for periods of active duty or active duty training. If, for example, a person served in the military between 1957 and 1977, he or she has been credited with $300 in additional earnings for each calendar quarter in which active duty basic pay was earned. These extra earnings may help someone qualify for Social Security or increase the amount of the Social Security benefit.

The number of credits an individual needs to qualify for Social Security depends on his or her age and the type of benefit. Any future Social Security benefit payment depends on a person’s earnings, averaged over a working lifetime. Generally, the higher a person’s earnings, the higher his or her Social Security benefit will be.

And remember that Social Security is more than retirement. If a worker becomes disabled before reaching retirement age, he or she may be eligible for Social Security disability benefits. A disabled worker’s spouse and dependent children also may be eligible for benefits. If a worker dies, the widow or widower and dependent children may be eligible for Social Security survivors benefits.

If you, or someone you know, were wounded while on active duty in the military, find out more about what Social Security can do by visiting our website designed specifically for wounded warriors: www.socialsecurity.gov/woundedwarriors. There, you will find answers to a number of commonly asked questions, as well as other useful information about disability benefits and Supplemental Security Income (SSI).

Veterans and others who are within 10 years of retirement age should begin planning for retirement. A good place to start is with Social Security’s Retirement Estimator at www.socialsecurity.gov/estimator.

For more information, you can read our fact sheet, Military Service and Social Security, which is available on our website at www.socialsecurity.gov/pubs/10017.html.

Contributing Author by — November 12, 2011 in Everything Else

Learn about installing rain gardens using native plants in landscaping, the concept behind “minimum risk pesticides” and much more at the free Natural Yard Care Workshop on Nov. 9 from 8 a.m. to noon.

Space is limited and pre-registration is required by this Friday, Nov. 4. To register for the workshop contact Teresa Lewis at 253-798-2480 or tlewis1@co.pierce.wa.us.

The workshop was originally offered for landscapers and is now opened up to the public as well. Pierce County, in partnership with the City of Tacoma and the Tacoma-Pierce County Health Department, will host this workshop at the Tacoma Mall Plaza, located at 2702 South 42nd Street, Room 210, Tacoma, WA 98409.

More information, including presentations offered at the workshop, is available at www.piercecountywa.org/naturalyardcare.

Contributing Author by — November 2, 2011 in Everything Else

Initiative 1163 must be defeated because its $80 million cost cannot be paid for without tax increases or cuts to vital senior services.  Like the rest of the nation, the State of Washington has grappled with crippling budget deficits for four legislative sessions.  With Governor Gregoire calling a special 30-day legislative session to deal with the crisis, there’s an additional 1.4 billion reasons to oppose I-1163.

As the Washington Research Council wrote in its new initiative analysis:  “I-1163:  One, twice, still not a priority.”

Voters, don’t be fooled. I-1163 represents the wrong priorities.  Mandatory caregiver training and criminal background checks are already required by law.  I-1163 costs $80 million in the next two years and benefits just one interest group – Service Employees International Union (SEIU).

Every daily newspaper in the state, including the News Tribune and the Seattle Times, have taken a position on this measure and urge voters to say NO 1163.

State officials agree.  At a time when they couldn’t agree on much, 82 percent of lawmakers voted to delay the previous training initiative, I-1029.  At a time when the Legislature was eliminating entire programs, elected officials were unwilling to fund a new government project.  Only SEIU and their few allies supported the expensive new program.

Last spring, the Legislature cut more than $500 million in medical services and in-home care to seniors and adults with disabilities.  Eliminated were vision and hearing aids, dental care, and a reduction in prescription drugs coverage.  In-home care services, which allow seniors and the people with disabilities to safely stay in their homes with the help of visiting caregivers, were slashed. Overall, there were more than $2 billion in cuts at DSHS, affecting children, the mentally ill, and the working poor.  Other areas of the state budget were slashed as well, including public education and prisons staffing.

Less than four months later, state agencies have prepared additional 10 percent cutbacks to address the latest shortfall, including the elimination of another $873 million at DSHS.  Care will end for 17,000 seniors and adults with disabilities; the Health Care Authority has sharply reduced emergency room visits for poor people receiving Medicaid; and our correctional facilities are releasing hundreds of inmates and mental patients into the community.

The state is desperate for money.  There is simply no way to pay for I-1163.

Our industry is absolutely committed to the highest standards of training and professional business practices.   That isn’t what this initiative is about. It’s about a powerful special interest writing self-serving policy for their own benefit.

How does SEIU propose to pay the $80 million price tag of I-1163?   SEIU’s selfish, cavalier approach to the current budget crisis is unconscionable. Whose medical services will be eliminated to pay for I-1163? Whose school lunches do they intend to cut? Whose taxes do they intend to raise?  How many seniors will go without care so the SEIU can fund their training program?

In addition to forcing a new program onto an unwilling state government, 1163 will require significant new costs on long term care, which will drive up the cost for residents and clients.  Nursing homes, adult family homes, and home care businesses will have to pay thousands of dollars per year to fund SEIU’s new program.  How many long term care workers will lose their jobs?  How many vulnerable adults will see the quality of their care diminished because long term care centers are forced to cut costs to pay for new training they neither want nor need?

To preserve services for seniors and people with disabilities, the only responsible thing to do is vote NO on 1163.

For addition information on the No on Initiative 1163 campaign, please visit: http://www.no1163.com/

 

(Julie Ferguson is co-chair of People Protecting Our Seniors – NO 1163 (www.no1163.com) is a broad-based coalition that includes organizations advocating for senior protection, disability rights, residential housing, long term care, business and consumer advocates.  The coalition members care for more than 500,000 seniors and people with disabilities in the State of Washington.)

Contributing Author by — October 28, 2011 in Everything Else