News
- There remains a great deal of uncertainty regarding the federal estate tax situation. Currently, the law is generally that a person can transfer $5,000,000, during life or at death, before any federal estate tax is due! However, the current law "sunsets" in 2013, and the amount that can pass free of federal gift and estate tax is due, at that time, to go back down to $1,000,000. What Congress will do about this remains to be seen. Stay tuned! The State of Washington estate tax threshold is currently $2 million. That figure is not dependent on what Congress does or does not do.
- In January 2010, the Social Security Administration (SSA) added 38 additional diseases, such as early-onset Alzheimer's and Primary Progressive Aphasia, to its Compassionate Allowances Initiative, that initially included 25 rare diseases and 25 cancers. Inclusion on this list allows for faster payment of Social Security (SSDI and SSI) benefits in cases where the listed debilitating diseases and medical conditions are met.
- Effective April 1, 2009, our State adopted new rules for how Medicaid will treat annuities, including annuities that have been used to make one spouse eligible for Medicaid. Under these rules, the term of the annuity, in most cases, cannot be shorter than five years and the annuity must provide that if the spouse not on Medicaid dies during the term of the annuity, Medicaid must be paid back for care provided the spouse on Medicaid.
- Effective May 1, 2006, major changes were made to Washington's Medicaid rules making them more restrictive, especially regarding transfers of assets and gifting. Additional changes at the state level, related to the Deficit Reduction Act passed by Congress in 2005, are expected later in 2008.
- The Supplemental Security Income (SSI) rules have become a little more relaxed. Receiving clothing is no longer considered as income and a car of any value, used for the recipient's transportation, is now considered exempt.
Resource Links
LEGAL
Estate Planning
- Wills - Informational pamphlet from the Washington State Bar Association
- Living Wills - Q & A from the Washington Law Help Website (Living Wills are also known as Health Care Directives)
- Revocable Living Trusts - Informational pamphlet from the Washington State Bar Association
- Power of Attorney - Q & A from the Washington Law Help Website
- Trusts- Informational pamphlet from the Washington State Bar Association
- Preparing for Death - Information on issues to consider when preparing for death, from the Washington State Office of the Attorney General
Medicaid
- Eligibility for Medical Programs - Income and resource standards for Washington State Medicaid and other government benefit programs
- Medicaid Regulations - DSHS Medicaid Eligibility A-Z Manual (majority of nursing home regulations can be found in the Long Term Care Chapter)
- Medicaid - The SSI Manual (called the POMS Manual) is helpful for questions on Medicaid as well as SSI
- COPES Rates - COPES reimbursement rates for various types of care
- DSHS - Office locator to help you find where to send your Medicaid application
- Care Facilities - Nursing homes and other care facilities in Washington State are listed on this site for the Washington Health Care Association
Probate
- Probate - Informational pamphlet from the Washington State Bar Association
- Once a Death Occurs - Information on issues to consider once a death occurs, from the Washington State Office of the Attorney General
Social Security
- SSDI and SSI Generally (From Social Security): www.ssa.gov/disability/
- Compassionate Allowances: www.ssa.gov/compassionateallowances/
OTHER LEGAL RESOURCES
- Washington Law Help Website - Helpful brochures on Medicaid programs, guardianships, wills, probates and many other areas of Elder Law in Washington
- Consulting a Lawyer - Informational pamphlet from the Washington State Bar Association
- Seniors Living in Western Washington
- Academy of Special Needs Planners
- Elder Law Answers
- Washington State Laws and Regulations
- American Bar Association Real Property Probate and Trust Estate Planning Information
- FindLaw
- U.S. Courts
- West
- Westlaw
