Legal Question in Elder Law in Washington

Re: poa

You and your sister need to get actual legal advice from a local attorney who is well versed in guardianship and probate law.

This is not a probate matter. Probate is when the principal is dead, not when she's incapacitated.

Spend downs can trigger penalties, and need to be carefully addressed by counsel who can explain this issue. Otherwise, you are creating a tax liability for yourselves that I'm sure you are not intending, but would occur anyway.

Probate in WA is completely different from other states and is no big deal. But this isn't probate, she isn't dead.

Rather your and your sister are her attorneys in fact. This is very different from being attorneys at law. It does not enable you to practice law, although it does enable you to make decisions on behalf of your mother.

You really need a lawyer.

Hope this helps. Elizabeth Powell

Re: poa

I agree with Ms. Powell's response but want to add a couple of things.

First, let me know what city you are in, so I can recommend an attorney who specializes in this area.

Second, if you and your sister have very different opinions, you may have to get your own attorneys. Naturally, this can be expensive.

Third, if you transfer your mother's home and property to a 3rd person, the "look-back" period is now five years. That means it won't "count" for Medicaid for five years.

Fourth, if your mother wants to stay at home, you should try to respect that decision to the best of your ability. There are lots of places you can call that offer assistance.

Let me know what city your mother is in.

Merry A. Kogut

Attorney at Law

[email protected]