Elder Law/Guardianship
Frequently Asked QuestionsElder Law refers to a area of law practice dedicating to serving the needs of the elderly and the disabled, as well as their family.
What is a Health Care Directive?
Health care directives make it clear what you would like to happen is you have an incurable, irreversible condition that is terminal.
You may give directions on life-sustaining treatment, artificially administered nutrition and hydration. This directive makes it clear to family members, physicians and other healthcare providers how you feel about medical and surgical treatments.
Need help with a Health Care Directive? Call 425-435-5707 for more information.
What is a Health Care Agent?
A Health Care Agent is a designated person who has the power to make most health care decisions for you if you lose the ability to make informed health care decisions for yourself. This only takes effect if you have proper documentation (durable power of attorney for health care) and you lose the capacity to make informed health care decisions.
Who should be my Health Care Agent?
Your Health Care Agent should be someone you trust to make healthcare decisions on your behalf. Examples include relatives, your spouse, father, mother, adult child, or an adult sibling.
Who can be my witness?
Your witness can not your home care provider, or you care provider at an adult family home. Additionally, the witness must be “competent” and not related to you (or your designated health care agent) by blood, marriage, or state register domestic partnership.
Why do I need a witness?
In Washington State you need two witness to confirm that they know you, and that you are of sound mind when making this important decision. This helps protect you and your clear instructions, should your healthcare directive ever need to be used.
What if I change my mind?
If you change your after signing a health care directive you can amend or revoke the directive at any time.
Do I need a guardian?
An easy way to break down guardianship is to compare it to finding a substitute decision-maker. Guardianship is an option if an individual had significant problems managing financial affairs or personal care. If you think that you or a loved one may be in need of a guardian, call 425-435-5707 to set up a consultation.
What does incapacitated mean?
When researching elder law or guardianship, you will often come across the word incapacitated. In the eyes of the law, and incapacitate person has significant risk of personal or financial harm. This risk must have evidence, such as a demonstrated inability to manage property or financial affairs, provide or arrange adequate nutrition, health, or housing.
Call 360-435-5707 for more information.