Peninsula Daily News 11-24-11 "More on (durable) powers of attorney"

            Yes, I do know that today is Thanksgiving Day – Happy Thanksgiving!

            I also know that the whole world is writing about it, and undoubtedly more poignantly than I, so I’ve decided to ignore it. Read this later in the day and think of it as “leftovers.”

Last week I went on about powers of attorney (POA’s) and durable powers of attorney DPOA’s), and was going to move seamlessly, if not stealthily, into guardianships, but a number of you have e-mailed with some disturbingly intelligent questions, so let’s do those first.

            Can a POA or DPOA be revoked? You bet, anytime. All you have to do is give written notice of same to the “agent” (the person who you originally designated to make decisions) and to anyone who is relying on that DPOA like, say, a bank. IF you filed the DPOA with a County, file the revocation in the same place. By the way, guardianships can be revoked, too.

            Contrary to popular opinion, a POA/DPOA does NOT give the agent the right to do anything and everything; for instance, they cannot put you someplace that you don’t want to be (think, “nursing home” – Of course, you have to be willing to say “No!”). A separate court order is usually required for an amputation, shock therapy and certain mental health treatments that restrict a person’s freedom of movement; also, an agent can’t vote on your supposed behalf nor can she/he make or alter your will.

            Does a POA/DPOA have to be notarized? Sometimes, most notably if the agent is likely to have to sell, transfer, encumber or in any way mess around with real estate; otherwise generally not – HOWEVER, it might be smart, on general principles: It makes everything more “official,” so might help to smooth the way for your agent to do what has to be done, say, with a bank.

            Can I give a grant a POA/DPOA to more than one person at a time? Well, yeah – It’s certainly smart to name a “backup” in case Choice #1 goes down – But the real question had to do with a situation in which Mr.-&-Mrs. didn’t want to appear to be showing “favoritism” between a son and a daughter.

            Can you do that? Yes, you can, but please be…darn sure you want to! If ever there was a situation ripe for conflict, disagreements and resurrecting old wounds from grade school, this is it! And if they do manage to “compromise,” will that compromise be what you’d want? Remember, making decisions as close as humanly possible to the decisions that you’d make for yourself is the point of this whole thing! But, can you do it? Yes.

            Now, think about that, in a general sense: You’re granting someone the legal right and ability to, in most cases, make a lot of important decisions AND move money around AND likely make decisions about what healthcare you might get under what circumstances and tra la – This is IMPORTANT! And, again, the idea is to appoint someone who will likely respect your own values and wishes and someone YOU CAN TRUST!

            I’m reminded of the gal I sat with several years ago, having this very conversation. We got to the part about which of her several children might be the choice as her agent, and she was thinking out loud when she said, “Well, Benny really is such a good boy, when he’s not in jail or doing those nasty drugs…” It made my head hurt. We talked for quite a bit longer.

            Speaking of “trust,” generally speaking, there is no court supervision of a POA/DPOA, while there is under a guardianship, so we’re a little more “vulnerable” to stupid, greedy or vengeful agents. Oh, sure, courts can be requested to decide this-or-that or order this-or-that or change this-or-that, but that rarely happens so, again, be as sure as you can that your agent actually like you.

            And, again, do you have to have an attorney do a POA/DPOA? No, you don’t – I wish you would, but no.

            Certain DPOA’s are written in such a way that they only kick-in in the event of an event, e.g. two physicians certify that you’re incapable of calling your own shots (or one physician, or whomever or whatever), so think about that. I often get calls that start with, “I have a DPOA for…”, and my first question is always, “Has it kicked-in?” Until it has, it’s just a piece of paper.

            Well, so much for getting to guardianships today, but I don’t suppose they’re going anywhere, so we’ll try again next week. At the risk of overstating the painfully obvious, keep in mind that I am NOT an attorney – I’m a social worker – And in some sectors, even that can be successfully argued.

Peninsula Daily News Column 11-17-11 "Power of attorney a must with aging"

            Today we’re finally getting back to the “Boomer Primer?” Remember the “Boomer Primer?” That’s the thing we were doing before the juggernaut of Part D/Advantage Plan “open enrollment” rolled over us (and continues to roll through December 7), then there were other unscheduled interruptions under the general heading of “Real Life,” blah blah – Anyway, here we are.

            The idea of the Boomer Primer (designed primarily for…You guessed it! Boomers!) is to provide a list of “Things to Think About,” assuming that you (whoever “you” are) are in your early-to-mid ‘60’s, or rapidly closing in on same, and would like to have some idea of what tomorrow might look like, before it’s tomorrow.

            You are not required to do “this” or do “that,” or to agree with “this” or “that” – You are required to think about these things, as a part of the whole “aging thing,” then decide whatever you decide to decide, because surprises can easily turn into shocks.

            OK, the last chapter of the Primer pre-Part D (which actually was a chapter unto itself, but let’s not get distracted by thinking that the whole is equal to the sum of its parts), was about “wills” and “probate,” because nothing goes very well in America without the legal paper, so you thought to yourself (pre-Part D), “OK, so, if I do that right, I’m done with making paper, right?”

            Wrong. Here’s why: Most of us aren’t overly enthusiastic about the prospect of dying, but in the privacy of our own homes, will generally concede that it’s highly likely that we will; the fact is, that what most of us hope for is something sudden and definitive, meaning I’m living and living and living and suddenly…BOOM! It’s over! Bye.

            The reason we hope for a sudden BOOM is because what most of us fear the most is that “gray area” between what we call “life” and what we assume “death” to be, unfortunately referred to as “disability.” In my world, people are much more afraid of nursing homes than they are of morgues, for exactly that reason: We want to be able to live our lives on, more or less, our own terms, than go out with a “bang” (or, in this case, a BOOM).

            Many of us do – And will. Many of us won’t, and you know that as well as I do, so then what?? Well, presuming the worst case where we won’t be able to call our own shots (which also doesn’t happen to everybody), someone else is going to have to, so how does that actually happen? Good question. Listen:

            A “power of attorney” (POA) is a legal document in which I give someone else the authority to act on my behalf – Buy things, sell things, collect money, spend money, manage a business, whatever. A POA can be written to take effect right now, or at some future date, like between January 1 and March 31 of 2030, when I’m water-skiing the canals of Venice – You get it. A POA is predicated on the legal assumption that I know what I’m doing (“informed consent”) and it ends when I die, so it is NOT a substitute for a will (Nice try, though).

            A POA also “goes away” when I become mentally incapacitated, because I no longer have the ability to grant “informed consent,” get it? However, a POA can be written in such a way that it is to remain in effect in the event of mental incapacity OR only kicks-in in the event of mental capacity. These are called “Durable Powers of Attorneys” (DPOA’s), probably because they “endure,” huh? Close enough.

            I like these – A lot. Here’s why: Remember that a POA can only be granted when I’m capable of giving informed consent? Now, let’s say I have a massive stroke or, more statistically likely, start slipping away into Alzheimer’s (or whatever) and I haven’t prepared a DPOA – Can I do one now? No, because I lack “mental capacity;” in other words, I can only do it before I need it because, when I need it, I can no longer do it. And what does that sound like?

            Right! Planning! So, when would be a smart time to have a DPOA drawn up? Right! When I’m already sitting with my attorney talking about my will (Note: you can often get a “package deal” from a smart attorney when you get a will, a DPOA, an Advance Directive and, often, a Community Property agreement). I know what you’re thinking: Do I have to pay an attorney to do this?

            No. There is no legal requirement that a POA/DPOA be prepared or reviewed by a lawyer, and there are generic forms out there that are perfectly legal. Do I think that’s a good idea? No, because smart elder law attorneys know the right questions to ask that will make us think, and avoid a future “Oops!” – “Oops” being the 2^nd scariest word in the entire Primer. Do I think a generic, self-executed DPOA is better than nothing? Almost always, and here’s why:

            Let’s say that I actually like my family, but enough to have prepared a DPOA; then let’s say that something bad happens to me, to where I can no longer make my own decisions or manage my own affairs, can my family make all the necessary decisions and do all the legal stuff? Nope, so they’re going to have to petition for a guardianship, which is expensive, time-consuming and generally extremely annoying (and we’ll talk about those next week) – Because they have no other choice.

            A little bit of quick Q & A, because I’m running out of newspaper:

1. Can a POA/DPOA be used to make healthcare decisions? Yes;
2. Can I still make my own decisions if I’ve already given a DPOA? Sure, if you can;
3. Can I cancel my DPOA? Absolutely. Or change who’s making the decisions? You bet;
4. Is this everything I need to know? NO!

Talk to an elder law attorney, or at least go to www.washingtonlawhelp.org and click on the “60+” button to read up on these things (Hint: You’ll also find some generic forms, if you’re just bound-and-determined to go that way).

Here’s what’s worth remembering: I can only get it when I don’t need it because, when I need it, I can’t get it.

           

           

Peninsula Daily News column, 11-10-11 "Energy assistance for low-income folks"

            It’s beginning to get cold. That has to with La Nina or El Nino or La Bamba or J-Lo or something like that, but the fact is that it’s beginning to get cold.

            If you have plenty of money as it’s beginning to get cold, God-love-ya and please go back to thinking about becoming a TAX-AIDE volunteer; if you don’t have a lot of money as it’s beginning to get cold, or you know someone who is in that unenviable situation, please stay with me.

            There is a program that can help folks without a lot of money as it gets cold, and it’s called LIHEAP (pronounced “LieHeep,” and it stands for “Low Income Home Energy Assistance Program,” but I can’t imagine why you’d care). What it does is help you pay for your home heating costs – Interested? Good! Here we go:

            LIHEAP, which is available in both Clallam and Jefferson counties, can provide anywhere from $25 to $1,000 toward those costs, depending upon your income, etc, so let’s start there. Let’s say that you’re Mom, Dad and two kids – Your monthly income has to be at or below $2,328; for a couple, $1,532 or if you’re just you, $1,134 – There’s a scale that runs up to a household of nine, but you get the drift.

            By the way, if you live in Jefferson County and are a customer of Puget Sound Energy Company, PSE has their own “Energy Help Fund.” To get in the ballpark for that, for a family of four, income at or below $2,794; for a couple, $1,839 and for just you, $1,361. And FYI: The PSE Help Fund opens in Jefferson County again after the LIHEAP money is gone, so there’ll be more help available down the way – The two programs do NOT run concurrently. OK so far? Good – Hang in there.

            The “season” for LIHEAP began ten days ago, on November 1^st. It’s run by Olympic Community Action Programs (OlyCAP) for both counties. Here’s what you do: Get on a computer and go to http://www.olycap.org/ and click on the thermostat, then go from there. No computer or don’t get it or whatever (maybe because it’s getting cold and you’re shivering)? OK, in the Port Townsend area, call 385-2571; in Forks, call 374-6193 on a Monday and in Port Angeles/Sequim, call 452-4726 between 1:00-4:00 p.m. on Tuesday or between 9:00 a.m. and 12:00 p.m. on Thursdays.  

            Depending upon how the funding goes, OlyCAP will open a January calendar for appointments in December, so if at first you don’t succeed…

            TIME OUT: Some of us are familiar with LIHEAP because it’s gotten cold before and we haven’t had a lot of money before. In the past, we had to mail in stuff, which then sat in a huge pile because a lot of folks without a lot of money were getting cold, then nothing happened for LONG time, because the pile was so big, so the utility companies became unpleasant and turned things off and things got worse and colder and…BUT! OlyCAP, to their credit, has figured that out, so those days are gone; now, it’s sit-down-with-a-person, 1:1 appointment, so things get done when they need to get done.

            Obviously, there could be another problem: How do I get to a 1:1 appointment with a person if I’m “home bound?” Good question. Here’s OlyCAP’s good answer: Beginning December 1^st, they’ll come to you, if need be, if you are an Elder, a person with a disability or a family with children under the age of six; down the road, they’ll be locating themselves strategically hither-and-yon around the Peninsula, to make the seemingly impossible, doable.

            Good for them.

            Now, not for the faint of heart, here’s how things go in my head: “OK, it’s cold and I don’t have a lot of money, and it looks like I might qualify for these things. I’ve actually managed to get an appointment that I can actually make and I’ve actually figured out a way to get there; so, I walk in, sit down and find out that I don’t have some magic piece of paper, so I’m…unhappy!” Right. Not good. Here’s what you actually need to have:

            Bring proof of income for anyone in the household who’s 18 or better, or if that anyone is still in high school, bring a school ID. If you’re a member of a Tribe, bring a letter from the Tribe saying that your application for Tribal LIHEAP is denied. Bring ID for everyone in the household! – Driver’s license or photo ID or passport or birth certificate.

            Bring a current utility bill that has the account #, with your name and address on it. If you’re renting and heat is included in the rent, bring a copy of the rental agreement or lease. If you’re primary heat source isn’t electric (or in Jeffco with PSE, natural gas), you’re going to have to provide some kind of proof of residency.

            Now, go back to the part about going to http://www.olycap.org/ and clicking on the thermostat: There’s a form there that you can print or look at that spells out everything I just said, in a bit more detail, OK?

            Can I absolutely guarantee that everything will go perfectly? No. Can I promise you that OlyCAP will have enough money to help everybody that needs help? Of course not. Can I assure you that you’ll be able to get an appointment exactly when you need or want it? Not on this planet, but here’s what I can assure you of:

            These are good folks who are honestly trying to help, and if you’re cold and without a lot of money, it’s worth a shot. Doing nothing won’t make it any warmer.

Peninsula Daily News column, 11-3-2011 "Tax-Aide volunteers face classes, test"

            HEADS UP!

            I’m hearing that more-than-a-few folks are getting disenrollment letters from their Medicare Part D plans – Kind of out-of-nowhere; now, there could be any number of reasons why that unhappy circumstance could befall you, but here’s one: It appears to the Plan that you have two or more addresses!

            Look: If you change (or add) an address after you enroll in a Part D plan that appears to be out of that plan’s service area, they are required to disenroll you. One thing that happens a lot is that the kid in Nevada is helping Dad sort this stuff out, so she’s having all the Part D mail forwarded to her. The plan gets wind of this and says to itself (because Part D plan talk to themselves), “Oops! That’s out of our service area!” – And BOOM! Dad is Part D history.

            Now, can you do what I’ve just described above? Sure, but let the plan in on your little secret, because once you get one of those disenrollment letters, your coverage has lapsed UNTIL you get it straightened out, and who needs that?!

            In fact, couldn’t you just live without the hassle of this whole Part D “thing??” The detail and the paperwork and the everlasting grief of trying to keep everything straight…Let’s face it: It has all the appeal of root canals or opening the packaging of just about any commercial product (like arthritis medicine) that requires three strong men and the jaws-of-life or doing anything in a crawlspace or preparing tax returns or…

            Tax returns?? Well, I don’t enjoy it, do you? You do?? Or, you could? Maybe? Really?? Then, you are who we’re looking for, because it’s the time of the season to recruit weirdoes like you for TAX-AIDE!

            These are the “good guys,” remember? These are the folks who volunteer their time to help the rest of us get our taxes out the door – Correctly! They’re sponsored by the AARP Foundation and IRS, but you don’t have to like either one; you do have to like helping people who will like you back for helping them out of yet another externally imposed crisis.

            Here are all the ways that you will have to make yourself miserable in the name of helping people: First, you’ll have to attend two days of volunteer orientation classes, in Sequim, on December 7^th and 8^th; then, you’ll have to devote significant chunks of your December studying studying studying the IRS-provided materials and tax preparation software – Sound fun so far?

            THEN, you’ll have to attend “review classes, in Sequim, on January 4^th and 5^th, to go over all the stuff you taught yourself in December – Why? Well, because help isn’t help unless it helps, and if you haven’t learned how to help people with their taxes – Correctly! – That isn’t “help;” then, you’ll have to pass the IRS Test to prove it! (Hey, all TAX-AIDE volunteers have to pass that every year – Competence is mandatory!)

            Then, you’ll have to sign the IRS “standards of conduct” to insure that you’ll help folks in an ethical and confidential manner, and THEN you’ll be expected to work (unpaid) at least four hours per week, although most of these guys do a lot more than that, throughout the tax season! Have I talked you out of it yet?

            There are only a handful of reasons to do this:

1.     You’re a good and decent human being;

2.     You’ll learn a LOT about taxes and tax preparation, and…

3.     …you rather enjoy being bathed in the gratitude from those of us whom you’ve helped, and I am NOT kidding about that part!

The rest of us need you! And we appreciate you! You have no idea…

So, what do you do to include yourself in an unmitigated exercise in masochism? Well…

1.     If you want to volunteer in Jefferson County, contact David Self at dcself@olypen.com or 385-2617;

2.     If you’re in the West End, call Corinne Spicer at 374-6332 – A bilingual volunteer would be extraordinarily cool!

3.     In the Port Angeles area, holler at Hearst Coen at hj_coen@msn.com or 452-6541, or…

4.     …around Sequim, Gail Anundson at gail@anundson.org or 582-1295.

You’d be willing to help, but the actual tax preparation isn’t your thing? Good! Get in touch! There are other ways.

I have to laugh at myself: I unhesitatingly jump into the infinite nuances of Medicare or Medicaid or legalistic paperwork or whatever else, but run screaming from the room in the face of tax preparation! See? We NEED you!

And you might as well get used to hearing this right now: Thank you!