OUR SERVICES AND PRACTICE AREAS

I. LITIGATION AND SETTLEMENT PLANNING

Our office is nationally recognized in the area of litigation and settlement planning for personal injury claims, worker’s compensation claims, and other civil claims.  We consult with attorneys who represent both plaintiffs and defendants and their clients regarding all aspects of litigation and settlement planning.  This planning may include any or all of the services listed below.

Plaintiff Benefit Eligibility.  Injured Plaintiffs may be eligible for local, state and/or federal public benefit programs that are necessary to provide the plaintiff with care and support during and after the litigation process.  Those benefits include Medicaid, Medicare, Supplemental Security Income (SSI), Social Security Disability (SSD), Special Education Services, Local Waiver Programs, Developmental Disabilities Programs, HUD, Vocational Rehabilitation and other state and federal programs.  Planning and coordination may be necessary to avoid negative impacts on eligibility for such benefits by outright receipt of settlement or judgment proceeds.  Our services may include special education and benefit advocacy and the development of post-settlement or judgment documents to preserve eligibility.

Plaintiff Capacity and Client Management.  An injured plaintiff may lack capacity because he/she is a minor or has cognitive impairments.  As a result, a litigation guardian ad litem, next friend, settlement guardian ad litem, guardian, conservator and/or other fiduciary may be needed to represent the plaintiff’s interests in the litigation or settlement.  We frequently assist in putting the appropriate representative in place for the plaintiff.  Several of our attorneys are also qualified to serve as the plaintiff’s representative in the appropriate circumstances.

Subrogation/Lien Resolution.  Medicaid, Medicare, private health insurance companies and other organizations or government entities may be entitled to reimbursement from the proceeds of litigation or settlements for injury-related expenses paid on behalf of the injured person.  Review and, when possible, negotiation of such claims should take place before paying that claim.  We frequently assist in this process to maximize the proceeds available to the plaintiff.

Financial Management of Litigation or Settlement Proceeds. Trusts.  Various devices are available, and in many circumstances required, for the financial management of litigation and settlement proceeds.  Such devices include qualifying settlement trusts (§468b), special needs trusts, trusts for minors, asset protection trusts, guardianships, conservatorships, blocked accounts, and Medicare set asides.  Our services include the development and review of implementation of such devices to fit the specific needs of the Plaintiff.

Settlement and Litigation Consultation.  Our office will frequently consult with other attorneys to evaluate settlement offers, conduct verdict research and/or assist in negotiating and mediating claims.

Expert Witness.  In the appropriate circumstances, we may serve as an expert witness within our areas of practice.

II.  ESTATE PLANNING:

The term “Estate Planning” covers a wide range of legal planning services and devices.  As your attorney, we work with you and your family members, accountants, financial advisers and other relevant professionals, to develop a plan that best suits you and the needs of your family.  The following is a list of the estate planning devices typically used by our office and a brief explanation of each of them.

Will. Also known as a “Last Will and Testament”.  A Will controls what happens to the majority of your property after your death.  In a Will, you designate the people you want to perform important family and financial tasks after your death.  Your Will may include planning for federal and state estate taxes.  It may also include trusts or other planning devices to meet the specific needs of those who will inherit from you.  Such trusts and planning devices may include basic support and maintenance trusts, special needs trusts, education trusts, or other devices that address issues which are important to you.   Your Will is revocable and/or amendable at any time as long as you demonstrate that you have the capacity to sign the document. If you die without a Will, Washington State law determines who will receive your property.

Testamentary Trusts. Testamentary Trusts are included in a Will and are not in existence until your death or another specified event such as the death of your spouse.  Such Trusts may serve any number of purposes to address issues which are important to you. 

Intervivos/Living Trust. An Intervivos Living Trust is a document that controls the management of the assets transferred into the Trust during the lifetime of the individual creating the Trust.  A Living Trust differs from a Will in that a Living trust takes effect prior to your death and will avoid probate.  A Living Trust may be used for management of personal and real property assets or to avoid probate.

Special Needs Trust. A Special Needs Trust (“SNT”)is a specialized type of trust that provides financial management and preservation of asset sensitive government benefits for individuals with special needs.  A SNT provides a source of funds to pay for extra and supplemental needs during the individual’s lifetime.  The Trust can be set up as a testamentary or intervivos living trust. Funds in an SNT are considered not “available” to the disabled trust beneficiary for purposes of benefit eligibility and the state cannot take those funds to pay for the beneficiaries basic support.

Community Property Agreement. A Community Property Agreement is a contract that transfers all of the community and separate property of one spouse to the surviving spouse, avoiding probate.  However; it does not take the place of a Will and should only be used in certain specialized situations.

Power of Attorney. A Power of Attorney (“POA”) allows you to grant certain specific powers to a designated person known as an attorney-in-fact to act if you are unable  or do not wish to act on your own behalf.  In a POA, an individual grants an attorney-in-fact specific or broad powers that he or she deems appropriate.  For example, you may grant the attorney-in-fact the authority to manage your financial affairs, make decisions regarding your medical care, arrange for your acute and long term care, and make other important decisions for you.  A POA may be made effective upon signing, or effective upon disability.  A POA can be revoked as long as you are not found to be incapacitated by a court of law.

Gifting. Lifetime Gifting is an option we often recommend to reduce the size of a taxable estate at death.  Tax planning through gifting is highly dependent on each individual’s specific circumstances.

III. PROBATE / NON-PROBATE ESTATES:

The probate process in the State of Washington is a streamlined, simple procedure in the vast majority of cases with minimum court involvement.

Probate. Probate is the process of administering the estate of a deceased individual.  Probate may be required when the deceased person’s assets are over a certain dollar amount regardless of whether or not there is a Will.  If a Will exists, the Court admits it into probate and the terms of the Will decide how the estate will be distributed.  The Court confirms the appointment of the Executor (“Personal Representative”) named in the Will.  If there is no Will, or the persons named in the Will are unwilling or unable to act, an Administrator may be appointed to distribute the estate according to the laws of Washington State.

Non-Probate Estate. Often specific assets are not subject to probate.  For example, (1) The deceased person held an asset with another person who had a right of survivorship (i.e. property held in joint tenancy with right of survivorship - JTWROS); (2) The deceased person has a surviving spouse and they executed a Community Property Agreement; (3) The deceased person left assets with a beneficiary designation, i.e. life insurance, IRA’s, 401Ks; (4) The assets held in the deceased person’s name are valued at less than $100,000.00.

IV. GUARDIANSHIP AND PROTECTIVE SERVICES:

Guardianship is a court process in which a guardian is appointed for an individual who cannot take care of his or her personal or financial affairs.  A guardianship is tailored to meet the specific needs of the individual.  Options range from a Full Guardianship of the Person and Estate where broad authority is granted to the Guardian, to a Limited Guardianship of the Person or Estate where only specific authorities are granted to the Guardian.  The court evaluates whether a less restrictive alternative to guardianship exists based on the “best interests” of the individual.  Examples of less intrusive alternative to guardianship include a financial and/or medical power of attorney, the appointment of a representative payee to receive and manage government benefits or the creation of a special needs trust.  When representing clients in establishing a guardianship, we explore all available options within the guardianship proceedings as well as the less intrusive alternatives to guardianship to determine how best to meet the individual’s needs.

 A Guardian ad Litem (“GAL”) is appointed in all new guardianship proceedings to investigate and recommend whether a guardian is necessary and, if so, the extent and type of the Guardianship.  The GAL is required to  file a report to the court with his or her recommendations.

Once a guardianship has been established, the guardian must file regular reports to the court on all financial activity in the guardianship estate and on the status of the person who is the subject of the guardianship.   These reports must be presented to the Court for approval.  We encourage our clients to prepare, file and present these reports on their own if they are comfortable doing so.  However, our office regularly represents clients in preparing, filing and/or presenting their reports.

V. ELDER LAW:

Elder law incorporates most of the practice areas of our firm including  planning for Medicaid and/or  Medicare eligibility, establishing guardianships, drafting powers of attorney and real property transactions, planning for long term care and other legal issues faced by aging adults and their families.  Our goal is to develop an individualized plan to assist our clients in maintaining personal choice, quality of life and dignity as they age.

VI. SPECIAL EDUCATION:

We represent parents of children with special needs in resolving conflicts with school districts over appropriate educational programs.  We assist parents at all stages of dispute resolution, attendance at Individualized Education Plan (“IEP”) conferences, mediation, due process hearings, state level review and civil action in Federal Court.  In addition, our attorneys are available to serve as a mediator in special education cases.

VII. BENEFIT ADVOCACY:

Social Security Claims. We represent individuals with special needs in obtaining and maintaining Social Security benefits such as Supplemental Security Income (“SSI”), and Social Security Disability Insurance (“SSDI”).  We assist with initial applications and case reviews, and provide referrals to qualified associated counsel for Social Security appeals at all levels.  We advocate directly with the agencies, or we provide information to assist our clients in becoming effective advocates on their own behalf.

Benefit Advocacy. There are also a wide variety of local, Washington State, and federal public benefit programs available to individuals with special needs.  The eligibility requirements for these programs vary.  We represent individuals with special needs in obtaining and maintaining these benefits. We advocate directly with the agencies, or we provide information to assist our clients in becoming effective advocates on their own behalf.

In Washington State agencies such as the Department of Social and Health Services (“DSHS”), the Division of Developmental Disabilities (“DDD”), and the Division of Vocational Rehabilitation (“DVR”), administer programs for aging adults and individuals with special needs. These programs include the Community Options Program Entry System (“COPES”), Medicaid Personal Care (“MPC”), the DDD Home and Community Based Waiver Programs, and DDD Family Support .  In addition, there are a wide variety of social services programs such as supervised housing, day programs, independent living programs, work training and job counseling, housing cost assistance, and other services.  In order to qualify for some of the public benefits programs individuals or couples must meet the income and asset limitations established by the agencies administering these programs. 

For some individuals, public benefits are not appropriate or meaningful.  Therefore, other options may be considered to meet long term care needs.  We offer substantial experience in creating and implementing individually designed plans with alternative funding sources.

VIII. FIDUCIARY REPRESENTATION:

We represent various professional and private fiduciaries, including trustees, guardians, attorneys-in-fact and personal representatives, in the administration of their duties.  While our attorneys have extensive experience in representing all types of fiduciaries, we have a particular emphasis in the administration of special needs trusts and in assisting fiduciaries to address the specific issues related individuals with special needs.