Do you have a kid away at college? They're going to need certain important documents--like a health care power of attorney and a HIPAA release, among others--in place.

Well, it's that time of year again. Do you have a kid going off to college for the first time or already living away at school? They’re going to need certain important documents—like a health care power of attorney and a HIPAA release, among others—in place. These key documents will let you as the parent get info about them in the event of a medical emergency.

For each of the forms below, parents should keep the original and the student should have copies. It may be a good idea for a roommate or fellow student to know where the copies are. In addition, the family may want to see if a copy can be filed at the school with student medical records.

Keep in mind that all of these forms should be updated each year and that you’ll need one form in your state of residence and a separate one in your child’s state of residence if they’re attending an out-of-state school.

1. HIPAA AUTHORIZATION. Ever tried to get an update about a loved one in the hospital over the phone when there’s been a sudden onset of a medical issue? If so, you know it can be difficult, if not impossible, to get the info you need if you’re not authorized. That’s because of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

What you need to cut through the red tape is a HIPAA Authorization. This document lets a patient (your college student) designate certain family members, friends, and others who can be updated about their medical info during treatment. Obviously, your child should fill this out before they need it during a medical emergency.

The HIPAA form becomes extremely important if your child is living away at school and gets involved in an accident. That’s because you’re not getting any info over the phone even though you’re their parent—unless you fill out this form.

2. HEALTHCARE POWER OF ATTORNEY. A healthcare power of attorney is a document naming you the parent a “medical agent” for your college student. If your child becomes medically incapacitated, you can make informed medical decisions on their behalf. This document can name you as the sole point of contact and decision-maker. That will allow you to decide the best course of action with the doctors.

What happens if you don’t have a healthcare power of attorney in place? The doctors will be the ones who make decisions about care.

3. DURABLE POWER OF ATTORNEY. A medical power of attorney form is strictly for health care choices should your son or daughter become incapacitated. A general durable power of attorney, however, covers financial decisions. This document allows a college student to give authority to another person (the parents) to make financial/legal decisions. It also allows the parents to make the following financial transactions on the student’s behalf:

* Managing bank accounts

* Paying bills

* Filing taxes

* Applying for government benefits

* Dealing with the child's landlord

College is a time of great change for both parents and their kids. Young adults are dealing with being on their own for the first time. And parents may be dealing with empty nest syndrome. Because we’re so intimately involved with raising our children, it’s tempting to see them as just that—children. But in the eyes of the law, the apron strings get cut the day they turn 18. Once they cross that threshold into adulthood, they are no longer under your agency. That applies to matters both big and small, particularly issues related to emergency health care.

So that’s why an open understanding with your child is key. You’ve got to communicate to them why you and they need to sign a healthcare power of attorney, a HIPAA release, and more. If you have questions about these documents and what we can do to help you and your family, give us a call at 253.858.5434 today.

If you've been injured in an auto collision, you need an experienced lawyer to represent you.

If you’ve been in an auto collision, you need an experienced lawyer to represent you. We have years of experience in personal injury claims. We pride ourselves on our honesty and commitment to our clients and our aggressive advocacy on their behalf. We can help you navigate the legal obstacles that insurance companies like to throw up after a collision and get your claim settled quickly and efficiently, for a fair settlement amount.

Our primary role is to protect you from insurance companies – both yours and the other driver’s. Insurance adjusters’ primary goal is to avoid paying you any money at all for your injuries. This is their standard practice – even for loyal customers who have been with them for years.

Making the wrong statement to an insurance company representative can limit the amount of your settlement or negate the likelihood you’ll receive one at all. If insurance companies can get you to admit blame, to state that your injuries aren’t that bad, or make any other statement that could be damaging to your case, they win. Don’t let them take advantage!

Insurance companies have been known to approach injury victims while they are in the hospital or at home recovering from injuries and medicated or not thinking clearly to get them to make statements or sign settlement waivers that obstruct or end the chances of a fair settlement. Once you have a lawyer on your side, the insurance companies must deal with us and won’t be able to try to cheat you out of compensation for your injuries.

There are steps to take after an auto collision – if you are able – that can make it easier for your lawyer to fight for your compensation. First is to call 911. Second is to seek medical treatment for your injuries – this is not the time to shake it off and press on. If you delay medical treatment, it can make your injuries worse and the insurance companies can blame you for damaging your own health or can argue "your injuries must not have been that bad if you didn't need to see a doctor right away"!

While at the scene, if you are physically able, snap pictures with your phone of the position of the cars and anything else important before the vehicles are moved. If the EMTs want to transport you to the hospital, let them. Acting against medical advice at any stage of this process can interfere with your chances of getting fair compensation. If there any witnesses, and you are able, get their contact information.

Within 24 hours, notify your auto insurance carrier about the incident, but don’t make any statements. Stick to date, time, the location of the crash, and tell them you or your lawyer will be in touch. After that, don’t make any statements to anyone about the collision until you call a lawyer. Call us as soon as possible, even while you’re still in the hospital so we can get to work on your claim!

As soon as you contact us, we can get to work on your case. We’ll gather police and any investigative reports about the incident, your medical records about your injuries, physician’s statements and any witness statements we can collect. Armed with these and our extensive experience with personal injury cases, we can fight for the highest possible settlement.

With compensation, you can help pay for:

* Medical expenses

* Rehabilitation fees

* Time lost from work

* Any future impacts or limitations from your injuries

With our law firm taking care of legal matters for you, it’s easier for you to recover and focus on your health. We will work hard to protect your legal rights and see you are properly compensated for your damages. We pride ourselves on honesty, commitment to our clients, and assuring you get a fair settlement. We will work hard on your case to settle it quickly and efficiently.

Contact us today at 253.858.5434 so we can get to work on your personal injury case. Your initial consultation is free and we can meet by Zoom or other video conference if you can’t make it into our office. After that, you won’t pay anything in attorney fees unless and until we settle your case. This allows you to get the representation you need to protect you from the insurance companies without incurring out-of-pocket expenses when you can least afford it.

If you have children and/or own a house, you need an estate plan in place to make sure you and your loved ones are taken care of in the event of your death or disability.

If you have children and/or own a house, you need an estate plan to make sure you and your loved ones are properly taken care of in the event of your death or disability, either because of age, illness, or injury. A basic estate plan consists of a Will, a Community Property Agreement (for married couples living in community property states), a Durable Power of Attorney, a Health Care Power of Attorney, a Directive to Physicians (also called a "Living Will"), and a Power of Attorney for Minor Children's Health Care. We have been representing estate planning clients since 1996 and are licensed to practice law in Washington and Idaho. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today. We are available to meet in person, by phone, or via video conference.

Some thoughts about Revocable Living Trusts and debunking some myths and half-truths about them.

If you've talked with someone about estate planning, they've likely told you that you need or should have a “Revocable Trust” or a “Living Trust.” In fact, someone might have told you a horror story about what will happen if you do not have a Revocable Living Trust. You also might have attended a seminar. Most of these seminars claim Revocable Living Trusts are a cure-all, and, for a certain dollar amount, they will draft a Revocable Living Trust for you. And, you will get everything in a handsome, faux leather binder. If I had a nickel for every one of those faux leather binders I've seen...

Is a Revocable Living Trust Right for you? Like any other estate planning tool, these are not cookie-cutter documents that are good for everyone. A careful analysis of your goals, assets, your family's particular circumstance and dynamics, and applicable tax laws is necessary to determine if the cost of setting up a Revocable Living Trust is worth the benefits.

To help you understand these documents, let me first give you some quick thoughts. Then let me debunk some Revocable Living Trust myths and half-truths. Finally, let’s run through the pros and cons of a Revocable Living Trust. This way, you can decide if paying the cost to set up a Revocable Living Trust makes sense for you.

THE GOOD, THE BAD, AND THE UGLY OF REVOCABLE LIVING TRUSTS. I've been an estate planning attorney for nearly 25 years. In those years, I have drafted Revocable Living Trusts as a member of both the Washington and Idaho State Bars. Of the many Revocable Living Trusts I prepared, all were for clients for whom these Trusts were a good fit. I have probably told twice as many people that they do not need Revocable Living Trusts than need them. For many people, the best idea is avoiding the expense of forming a Trust because it was not a good fit for the client’s estate plan. There is no way to know if you are a good fit for a Revocable Living Trust without careful analysis. Like most tools, a Revocable Trust is not a one-size-fits-all tool.

Is A Revocable Living Trust right for you? The short answer is that a Revocable Living Trust can be a useful estate planning tool for many people. But, another unfortunate truth is that there are many people out there using lies and half-truths to sell unneeded Revocable Living Trusts.

If you attended a seminar whose theme was that everyone needs a Revocable Living Trust, then you are lucky to have escaped with your wallet. Were you were told that a Revocable Living Trust would avoid estate taxes and creditors? If so, you were lied to.

DEBUNKING LIVING TRUST MYTHS AND HALF-TRUTHS. So first, let’s debunk the most prevalent Revocable Living Trust lies and half-truths.

Claim: "A Revocable Living Trust will help me avoid estate taxes." FALSE.

A Revocable Living Trust does NOT reduce your estate taxes. These are the most common myths. These myths are often touted by those who sell canned Revocable Living Trusts (in faux leather binders). These people feel comfortable telling you this lie because the inheritance and estate taxes are due when you are dead. So, you will never know that they lied to you. Remember that the trust is “revocable.” Because you can revoke the trust, you can, at any time, take all the assets back into your name. Therefore, the IRS and your state's department of revenue ignore the trust’s existence. Your assets in a Revocable Trust are considered yours when calculating not only your estate taxes but also your income taxes.

Claim: "A Revocable Trust will shelter my assets from my creditors." FALSE.

Again, the “Revocable” Living Trust can be “revoked,” so if you can get the asset back, your creditors can take it. The trust does not protect from creditors during your lifetime or at your death. Asset protection differs with an Irrevocable Trust, which you cannot revoke, and can be used to remove assets from creditor’s claims.

Claim: "A Non-Irrevocable Trust will shelter my assets from my nursing home bills and Medicaid." FALSE.

Because the trust is “revocable,” the assets are considered yours when evaluating Medicaid eligibility. Use of an “Irrevocable Trust” where you have no right to the assets you gave away into the Trust could shelter your assets, but never a “Revocable” Trust.

Claim: "Creating a Trust is all you need to do to avoid probate." FALSE.

Forming the Revocable Living Trust is only the first step. To avoid probate, you have to arrange all your assets to utilize the Revocable Trust. Deeds must be filed, placing your real estate into the Trust. Bank accounts and other assets must be moved to the Trust or must be designed to pour into the Trust at your death. You must complete beneficiary designations for other appropriate assets, such as brokerage accounts, life insurance policies, annuities, etc.

Further, as the years pass, you will likely change your investments. You may buy a new CD, or open a new checking account, or even buy a new vacation property. Make these changes with the overall Revocable Living Trust plan in mind. Otherwise, you might undermine the goals, which caused you to form the trust in the first place.

Claim: "Nothing needs to be filed with the state if I have correctly set up my Revocable Living Trust." MISLEADING.

The answer depends on the rules of the state in which you are a resident at your death. If you die a Floridian, for example, Florida law requires that your successor trustee file a notice with the court in the county where you died a resident. Other states are beginning to require similar filings. Furthermore, if your successor trustee wishes to start specific statutes of limitation for creditors, they will likely file some paperwork with the states.

Claim: "My estate won’t need a lawyer if I have a Revocable Living Trust." MISLEADING.

The need for a lawyer to help with your estate has nothing to do with a Revocable Living Trust. If your Personal Representative could handle your estate alone, then there is no need for a lawyer even if you had no Revocable Living Trust. Similarly, if your PR may need help with some steps that exist with or without a Revocable trust. For example, with filing estate tax returns or obtaining beneficiary releases. Further, selling real estate, a business, or settling lawsuits. All are examples where your trustee will still need a lawyer’s assistance, even if you have a Revocable Living Trust.

IS A REVOCABLE LIVING TRUST RIGHT FOR ME? A thorough analysis of whether a Revocable Living Trust is right for you begins with some necessary information. An experienced estate planning lawyer will obtain a clear understanding of your assets, family standing, and your testamentary goals.

UNTIL WE HAVE OUR CONSULTATION, HERE ARE SOME FACTS: A Revocable Living Trust is a legal entity that requires five elements: a Trustor, a Trustee, a beneficiary, a Trust "corpus," and a legal purpose. The Trust may own things, such as your real estate, but at any time, you can revoke the Trust and take the assets back. Further, most Revocable Living Trusts state that during your lifetime, the Trustee must use all assets for your care. In most cases, you, as the Trustor, serve as the sole Trustee.

In contrast, an “Irrevocable Trust” is a Trust you cannot revoke. If you transferred your house into an Irrevocable Trust, the trust owns the home like the Revocable Trust. But, you will likely not be able to ever get the house back into your name.

A Revocable Living Trust is designed to hold title to your various assets (bank accounts, real estate, personal property) during your lifetime for your benefit, and then manage and dispose of your assets after your death. If structured correctly, a Revocable Living Trust may completely replace your Will. If you properly arrange all your assets leaving nothing in your name at your death, there is no need to file your Will with the state. Probate is avoided.

Does a Revocable Trust still sound like a good fit for you? Then the next question you should ask is the cost. Then analyze the charge against probate’s expense. Is it cheaper to use the probate process, or is it more economical to pay for the Revocable Living Trust avoiding probate?

Costs of creating the Revocable Living Trust include the actual drafting of the trust by a lawyer. Also, there is the cost of transferring any real property deeds into the trust and moving your other assets into the Revocable Trust. The expenses of probate vary from state to state.

Is your only goal avoiding the cost of probate? If so, in my experience is that it is not cost-efficient to set and funding a Revocable Trust in Washington or Idaho. But, setting up a Revocable Trust to avoid probate in California and Florida is cost-efficient. That is a general observation.

BUT THERE ARE OTHER REASONS FOR A REVOCABLE LIVING TRUST, WHICH MIGHT HAVE VALUE FOR YOU.

* Aiding the Elderly or Those with Dementia. A Revocable Living Trust can be an excellent tool if you are reaching an age or a medical condition where you need some help with your finances. The Trust allows the family to help but allows you to control assets when you do not yet wish to turn overall control. You can name a trusted person Co-Trustee with the right to act independently but retain the right to act alone. This way, you can work now, but as your abilities diminish, your Co-Trustee can seamlessly take control.

* Reducing the Chance and Cost of a Will Contest. If you believe that the chance of a Will contest in your estate is high, then a Revocable Living Trust can reduce that risk. You cannot stop someone from filing a lawsuit to challenge a Will, but you can make it much more challenging, expensive, and less likely to succeed.

* Convenience. A Revocable Living Trust can be used to avoid probate altogether. So even if its cost does not save your estate much money, it can certainly make it easier for the person who is handling your estate. Making things easier is especially true if that person lives far from your county.

* Helping You Manage Your Assets. If properly drafted, a Revocable Living Trust can appoint someone as your Co-Trustee who can help you manage your assets and bills, but without you giving up control. It is an unfortunate fact that banks will work more willingly with your Co-Trustee than they will with your Agent under a Power of Attorney.

* Real Estate in More Than One State. If you have real estate in several states, then at your death, your estate needs to be opened in each of those states. Ancillary probate increases the cost of probating your estate. Avoid this added cost by placing each of these properties into a Revocable Living Trust, which would then avoid probate in each state.

* Bank Accounts or Investments in Several States. Ancillary probate may be necessary if you have accounts in banks without branches in your home state. Another example is investments in businesses outside your home state that are not listed publicly. Avoid this added cost by placing each of these investments into a Revocable Living Trust, which would then avoid probate in each state.

* Replacing Your Will. If drafted correctly and appropriately funded, a Revocable Living Will can replace your Will but still allow you to create asset protection trusts and use other techniques to protect your heirs. The terms can mirror terms that would have otherwise been in your Will.

If any of these reasons fit your specific needs, then paying the costs of setting up a Revocable Living Trust will make sense.

Revocable Living Trust might be an excellent estate planning tool for you, but it will take more than a quick seminar to find out. Luckily, it will not cost you anything to get more information. Contact us at 253.858.5434 to set up an initial estate planning consultation. You can count on one thing; we won’t sell you a Revocable Living Trust unless it fits your estate plan.

For nearly 25 years, we have practiced in the area of estate planning. We’ve seen it all, and this experience allows us to explain sophisticated estate planning techniques clearly and concisely. We make it easy for you to understand Revocable Living Trusts so you can make the best decisions for yourself and your family.

When you're in the middle of a personal injury case, please be careful when posting to social media!

When you're in the middle of a personal injury case, please be careful when posting to social media! There are several ways social media can undercut your personal injury claim. It seems like second nature to share your life with family and friends, but social media users who have a pending personal injury claim or lawsuit MUST exercise great caution. Sharing profile information, pictures, posts, videos, and comments on social media can undercut your claim by giving opposing counsel fodder that they can use against you.

Social media accounts provide insurance companies and defense attorneys with a valuable source of evidence to impeach your credibility, refute the cause of your injury, and undermine the amount of damages you claim to have suffered. You can avoid being in a compromised position by showing your lawyer your current social media profiles and seeking specific guidance. In the meantime, here are some do’s and don’ts.

PRIVATE vs. PUBLIC PROFILE. If you have public profiles, you can adjust these to “private” or “protected” in the “settings” area of your account. It is generally unwise to delete profiles in their entirety, as this can arouse suspicion of trying to hide something. In some cases, a court could also deem it “spoliation of evidence.”

Avoid accepting any new friend requests, and be wary of any new followers. These could be from the enemy camp, trying to get a closer look and monitor you.

You may wish to refrain from any social media use while your case is pending. Keep in mind, however, that searchers can find retweets, comments, hashtags, mentions, tags, etc. For this reason, you may also wish to ask your friends and family members to leave you alone on social media.

Keeping your information private is a good first step. It nevertheless does not mean that you can continue to post anything that you want to.

YOUR SOCIAL MEDIA POSTS MAY BE SUBJECT TO DISCOVERY REQUESTS OR COURT ORDERS. Even if your social media accounts enjoy private settings, an opposing lawyer can ask you to produce printouts of your social media activity in the discovery process. “Discovery” is the phase of a lawsuit where parties exchange information to build their respective cases.

Defendants have the right to seek as much information as they can about you. This includes information that is not public record.

A COURT CAN ORDER YOU TO SHOW SOCIAL MEDIA. Parties typically conduct discovery without court intervention. However, either party can petition the court if the other side does not want to produce information that the requesting party believes could lead to admissible evidence. For good cause shown, a court can order you to produce information from your social media accounts. A court could also order you to reactivate a temporarily deactivated account. In some cases of deleted accounts, a subpoena can provide information from a provider’s servers or from a third party’s servers that store social media data. Each provider has a different policy concerning the length of time it retains data from deleted accounts.

EXAMPLES OF HOW SOCIAL MEDIA CAN HURT YOUR CASE. Even social media activity that you believe has no relationship to your case can harm you. The connections that a clever lawyer can make between your posts and your case are limitless. Nevertheless, here are a few specific ways that social media can not only undercut your personal injury claim but also sabotage it:

* Behavioral tendencies such as consuming alcohol, photos captured while driving, or a high-risk activity that could frame a view that the victim played a role in causing the collision.

* A personal injury victim claiming loss of enjoyment of life or pain and suffering regularly poses happily for pictures in various places.

* An personal injury victim claiming incapacitating injuries posts videos of dancing, hiking, bowling, playing softball, or some other physical activity.

* A victim pursuing lost wages or loss of earning capacity is complaining about their job, showing off a DIY home improvement project, or sharing links for online work-from-home websites.

* A victim posts financial resource-demanding plans for the near future (making a large purchase, taking a vacation, etc.).

* A victim whose settlement agreement contains a confidentiality provision announces the settlement on social media.

This is not an exhaustive list. Even posting something that you believe helps your case can invite a harmful response from a social media troll or other ill-willed social media user.

THE BOTTOM LINE. Your safest bet is to avoid social media altogether while your case is pending. You must continue to monitor your account to make sure that well-meaning friends and family do not mention you in their public or unprotected posts.

YOUR LAWYER CAN HELP YOU AVOID MISTAKES. We provide personalized advice to each client at every step in the personal injury process, including how social media can undercut your personal injury claim. We provide a free case consultation where we answer your questions and evaluate your case. To schedule this free consultation, call 253.858.5434.

Estate planning gets more complicated for people in blended families. Navigating complex relationships and the death of a spouse can create complicated financial and emotional issues. We can help.

More than half of all Americans have either been or will be included in a blended family during their lifetime. A blended family is a family unit where one or both parents have children from a previous relationship. It can be hard to navigate the complexities of these different relationships and the death of a spouse can create even more complicated financial and emotional issues. The key to minimizing stress on any family members and heirs is a well thought out estate plan that makes it possible to honor your spouse and provide an inheritance that is protected for your own children.

PLANNING DISCUSSIONS WITH A BLENDED FAMILY. Not only are the financial issues for blended families more complex, but the emotions around those decisions can be even more intensified. Especially when you are dealing with the competing interests from your own children, stepchildren, and a new spouse. Participating in family conversations early and often can better prepare everyone for what may come in the future.

THREE STEPS TO CONSIDER IN THE PLANNING PROCESS.

(1) Have a discussion with all the members of your family on topics such as guardianship, long-term goals, finances, and other contractual obligations.

(2) Compile a list of individuals you want to be named in your documents including individuals to serve as agents during your incapacity or upon your death and individuals to whom you wish to give your assets and possessions.

(3) Consider the intended amount you want each party to receive, taking into account the financial needs of surviving spouses, young children, and other dependents.

NEXT STEPS IN THE ENGAGEMENT PROCESS. Once you have a basic overview of your goals, engaging in a collaborative discussion with your financial planner and estate planning attorney will help guide your decisions. Here are a few common topics that may arise when you are having these conversations:

* Setting up a Trust. One way to avoid disinheritance is by placing some or all of your assets and property in a Trust. Establishing a Trust will allow you to provide for your spouse during their lifetime, and when your spouse dies, anything documented in the Trust will be distributed to the children accordingly.

* Trustee Selections. Choosing a Trustee to manage your estate is a very important decision. Your Trustee will oversee your assets in the event you become incapacitated. Upon your death, they are responsible for ensuring that the remaining assets are passed to your loved ones as directed. Most often a family member, friend, or a professional such as a lawyer or accountant is chosen for this role. The person you consider should be trustworthy, financially capable, and one who will understand your family’s dynamics. It is important to consider how Trust beneficiaries will respond to the designated Trustee, and how all parties may interact together, especially during an emotional time.

* Living Wills and Powers of Attorney. Any complete estate plan will incorporate a Living will, Healthcare Power of Attorney, and Durable Power of Attorney. A Living Will is a document detailing your medical wishes should you become incapacitated. A Healthcare Power of Attorney designates someone to make medical decisions on your behalf if you are unable to do so. A Durable Power of Attorney appoints someone to handle your financial affairs when you no longer can. Individuals will often name their spouse, but in blended families it can become more complicated. Whether your family is blended or not, it is important to choose someone who is trustworthy and will provide an unbiased approach when dealing with family members.

* Home Ownership. If you own your home as "joint tenants with rights of survivorship" with your spouse, upon either spouse's passing, the full value of the home would transfer to the surviving spouse. If you own your home individually, upon your death, it would transfer as directed in your estate planning documents. If you do not have an estate plan it would be passed according to your state's laws of intestate succession. If you have concerns about disinheritance after your passing, you can also consider establishing a Qualified Personal Residence Trust (a "QPRT"). A QPRT allows the surviving spouse to live in the home during their lifetime, but upon their death, the home would be distributed to the beneficiaries of the Trust.

* Tangible Property. In addition to the financial components of an estate, there are sentimental items that may have little to no monetary value, but can often cause the most contention among family members. It is important not to overlook these items in your planning. If certain possessions are jointly owned with your spouse, and you have children from different marriages, it is important to designate who would be the recipient of these possessions in your estate plan.

ESTATE PLANNING STRATEGIES TO PROTECT YOUR FAMILY AND ASSETS. As family dynamics become more complex, so do the intricacies of creating an estate plan. Depending on a family’s individual needs there are different strategies that can be used to create a successful plan. If you and your family have questions about creating or revising an estate plan, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

If you're starting a business and looking to form a corporation or LLC, you may be tempted to turn to online legal forms. Here's why it's important to hire a lawyer who represents small businesses.

Part of being a small business owner is looking for ways to save money–even for something as important as incorporating a business. That’s when people turn to online services like LegalZoom. Business owners might incorporate a business or form an LLC using forms obtained through LegalZoom believing that they are just being smart consumers. The mistaken assumption they make is that a lawyer would simply be filling out the same forms and submitting them to the proper government agency. But if you are considering incorporation or forming an LLC to run your business, you want to make sure it’s done right. If it isn’t, there could be serious consequences down the road that could negatively impact both your business and your personal assets.

For such complex legal business transactions, it’s important to hire a lawyer experienced in representing small businesses. While getting good legal advice or having a lawyer prepare your corporate or LLC documents may cost more initially, it could save you much more in the future.

WHAT IS LEGALZOOM? First, you need to understand exactly what LegalZoom is. According to their description, LegalZoom is an online legal portal to give you, the visitor, a general understanding of the law. They provide an automated solution to those who want to prepare their own legal documents. Essentially, they give you a simple, cookie cutter fill-in-the-blank legal form. You type in your name and address, you print out the form, and you use it. If it works for your situation, you’re in luck. If it doesn’t work in your situation, you’re out of luck. The only problem with that is that you might not fully understand what best fits your situation or the ramifications of your decisions and you don’t find that out until the document has failed.

LEGALZOOM'S TERMS OF USE. Am I just making this up out of thin air or am I getting this from a legitimate source? The fact is the information we're discussing here is taken directly from the LegalZoom website itself. The home page entices you with the idea that you’re going to get a personalized, affordable legal solution. It’s personalized because you’re the one who is filling in the blanks. It’s affordable because they are offering these fill-in-the-blank forms to you for as little as $99 dollars. But the legal protection is questionable, at best.

As to whether or not you are actually getting what you have bargained for, you need to figure that out by visiting LegalZoom’s Terms of Use page. At the bottom of the page, you will see the link. If you click on it, you will get a lengthy page of legal exclusions, waivers, and fine print about what they will not do for you.

What you really need to understand is that they will only do the simple stuff. They’ll review your answers to make sure that they are complete for spelling, along with internal consistency of names and addresses and the like.

What they won’t do is this: They won’t review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, selection of forms, tax implications, strategies, or apply the law to the facts of your particular case.

In essence they’re doing nothing for you. Why is that? LegalZoom is not a law firm. They are required by law to inform you of this. More importantly, they are prohibited from performing the services performed by an attorney. So, essentially, they are simply a legal document preparation service providing a simple, fill-in-the-blank form. And you are, in essence, your own lawyer.

They further tell you that “LegalZoom and its services are not a substitute for the advice of an attorney.”

And lastly, they tell you that, “LegalZoom strives to keep its legal documents accurate, current and up-to-date.” However, as they recognize, the law changes rapidly and can vary greatly from state to state. That means they can’t guarantee that the information on the site is completely current. Furthermore, the legal information contained on the site is not legal advice and is not guaranteed to be correct, complete, or up-to-date.

So if you choose to use LegalZoom to complete important legal transactions, what you’re doing is putting your personal assets and your family's resources at risk by using their fill-in-the-blank forms that have no guarantees. You have no idea whether or not they’re correct, complete, or up-to-date.

SO WHAT'S OUR ADVICE? Our advice is to tell you what LegalZoom ultimately tells you on the site themselves. And that is this:

“If you need legal advice for your problem or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.”

That’s the best thing that this site does for you. Unfortunately, it’s buried in the terms of use. If you’re going to use this site or, furthermore, encourage somebody else that you care about to use the site, spend some time reading their terms of use and understand what you’re getting. I would submit to you that it’s not what you think you bargained for.

STARTING YOUR SMALL BUSINESS THE RIGHT WAAY. If you want to incorporate your business or form an LLC, get it done the right way. Contact us at 253.858.5434 to set up an appointment today. We have more than 24 years of experience forming corporations, LLCs, and partnerships for small businesses in Washington and more than 14 years of experience doing it in Idaho. As a trusted advisor, he can provide legal advice and services tailored to your specific business needs. We can help you determine which business entity is right for your company or answer questions about business issues. So what are you waiting for?

Careful consideration should be made when entering into a real estate investment partnership. The best way to protect everyone is with a written partnership agreement.

It is common for family members, significant others, friends, or business associates to invest in real estate together. The financial benefits of sharing investment costs allow for a larger down payment and larger purchase price. You should consider the financial strength of your partner and their trustworthiness. Disputes can arise between partners so careful consideration should be made before entering into a real estate investment partnership. Common issues that cause disputes include:

* Payment structures and distributions including profits and losses

* Property maintenance, including taxes, insurance, and repairs

* Responsibilities of partners

* Defaults

* When to sell

* Rent Increases

* Tax issues

* Decision making process

* Termination

* Death, incapacity or divorce

The best way to protect your partnership interests is to have a written partnership agreement. Depending on the type of entity you choose, we can prepare the appropriate agreement. For instance, you may want to form a general partnership, joint venture, limited partnership, or limited liability company. The agreement should set forth the responsibilities of the partners, funding, distributions, maintenance costs, and allow for either partner to terminate the agreement as well contain a provision for death, incapacity, or divorce, if applicable. The agreement sets forth each partner's rights, responsibilities, and legal obligations and eliminates misunderstandings.

Further, if a dispute arises between the partners, it can be resolved quicker by referring to the partnership agreement. The partners should try and resolve the dispute in a friendly manner first. Sometimes this may involve asking a third party such as a friend or family member to help. Another way to resolve the dispute is for one partner to sell their interests to the other partner and dissolve the partnership. If the parties are unable to come to a resolution, they may need to hire a lawyer or settle their dispute in accordance with the dispute resolution method set forth in the agreement. Common dispute resolution methods include mediation, arbitration, or filing a lawsuit in court.

We help you resolve an investment partnership dispute by reviewing the partnership agreement and advising you of your legal obligations and responsibilities. We can prepare a letter or memo to the other partner or their lawyer as well as prepare any legal documents to resolve the matter. Sometimes disputes must be decided in court. We can file legal documents with the court, defend and represent you and your interests in an investment partnership dispute matter.

If you're thinking about buying real estate with another person and have questions about how we can be of service, give us a call at 253.858.5434 to set up an appointment today!

Hiring an experienced personal injury lawyer is vital if you've been injured in an auto collision.

Hiring an experienced personal injury lawyer is vital if you are injured in a wreck. Unfortunately, we see many individuals attempt to represent themselves and generally fail miserably for several reasons. There are numerous studies illustrating that a claimant who is represented by legal counsel nets (after medical bills and attorney fees have been paid) in excess of 300% on average more money than those that handle their own auto collision claim. This number would be higher if we did not have so many personal injury settlement mills (usually the biggest advertising firms found on TV and radio) who often leave significant money on the table at the time of settlement.

If you opt to handle your own injury claim, the insurance company will offer you a minimal amount of settlement money intending for you to go away. In fact, insurance companies usually make such offers within days following the collision hoping to take advantage of the victim. At such time, you will not have any idea as to the extent of your injuries, prognosis, or the need for future medical treatment. These propositions are known in the industry as “nuisance value offers.” In other words, the insurance company sees the claim as a mere nuisance. They view the unrepresented injury victim as one who has “no bite behind their bark.” The insurance company will take the position that you have no ability to do anything beyond demand money as the unrepresented party does not know the lay of the land in litigation and will get chewed up by a seasoned insurance defense lawyer.

Sadly, we have seen many individuals take minimal settlements after executing a release of the negligent party. When they contact us months later after undergoing significant medical treatment, it is too late because they have signed away their legal rights.

Keep in mind that an injury victim that is not represented by a lawyer is at a major disadvantage to an insurance company with a whole team of people that handle personal injury claims all day every day. An unrepresented claimant lacks the experience or training necessary to properly negotiate with an insurance carrier. Further, such individuals will not have a thorough understanding of negotiating the medical bills they will surely incur as a result of treating for their collision-related injuries. Most claimants lack the financial resources to retain the best experts available (assuming they even know who they are) to illustrate the compensation that is commensurate with the injuries, harms, and losses suffered.

As Clarence Darrow famously said, the person "who represents himself has a fool for a client.” Do not go at it alone. Do yourself a favor and research the best lawyers in your area. Choose a law firm that can go toe to toe with the biggest insurance carriers. Look at what former clients say about their experience with the law firm. Do they offer personal attention or will you rarely if ever be able to get your lawyer on the phone?

Many law firms promise the moon with expensive TV and radio ads. However, this is nothing more than a personal injury settlement mill. At our law firm, you and your case will get the individual attention you deserve. If you or a friend or family member has been injured in an auto collision due to someone else's negligence or recklessness, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today!

A Power of Attorney allows a person you appoint - your "attorney-in-fact" or your "agent" - to act in your place for financial purposes when and if you ever become incapacitated.

For most people, the durable power of attorney is the most important estate planning instrument available--even more useful than a Will. A power of attorney allows a person you appoint--your "attorney-in-fact" or “agent”--to act in place of you–the “principal”--for financial purposes when and if you ever become incapacitated.

In that case, the person you choose will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship or conservatorship, your representative may have to seek court permission to take planning steps that she could implement immediately under a simple durable power of attorney.

A power of attorney may be limited or general. A limited power of attorney may give someone the right to sign a deed to property on a day when you are out of town. Or it may allow someone to sign checks for you. A general power is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself.

A power of attorney may also be either current or "springing." Most powers of attorney take effect immediately upon their execution, even if the understanding is that they will not be used until and unless the grantor becomes incapacitated. However, the document can also be written so that it does not become effective until such incapacity occurs. In such cases, it is very important that the standard for determining incapacity and triggering the power of attorney be clearly laid out in the document itself.

However, lately we have found that clients are experiencing increasing difficulty in getting banks or other financial institutions to recognize the authority of an agent under a durable power of attorney. A certain amount of caution on the part of financial institutions is understandable: When someone steps forward claiming to represent the account holder, the financial institution wants to verify that the attorney-in-fact indeed has the authority to act for the principal. Still, some institutions go overboard, for example requiring that the attorney-in-fact indemnify them against any loss. Many banks or other financial institutions have their own standard power of attorney forms. To avoid problems, you may want to execute such forms offered by the institutions with which you have accounts. In addition, many attorneys counsel their clients to create living trusts in part to avoid this sort of problem with powers of attorney.

While you should seriously consider executing a durable power of attorney, if you do not have someone you trust to appoint it may be more appropriate to have the court looking over the shoulder of the person who is handling your affairs through a guardianship or conservatorship. In that case, you may execute a limited durable power of attorney simply nominating the person you want to serve as your conservator or guardian. Most states require the court to respect your nomination "except for good cause or disqualification."

If you have questions about how durable powers work, give us a call at 253.858.5434 to set up an appointment today.

We can help you start your small business, by addressing legal issues that face start-ups, advising on business organization, and preparing contracts and agreements to use in your transactions.

For many people, starting a small business is living out a dream—to become an entrepreneur. To become one's own boss. Starting a small business is an admirable goal. However, one must act carefully, especially since it often requires a very significant investment of resources. It is important to take into consideration both the many financial issues and the legal issues. Starting a business on the right legal footing could be critical to its future.

If you are starting a small business, we can assist you. You need to address many legal issues that face start-up businesses. We can advise you on your new business's legal organization. We can help you by preparing contracts and agreements so that your transactions go smoothly.

BUSINESS ORGANIZATIONS IN WASHINGTON. One of the first steps to opening a business is forming the legal entity that will be doing business. The best type of business organization for your company will depend on your goals and circumstances.

Many businesses start as sole proprietorships or general partnerships. Sole proprietorships are the most common type of small business. Sole proprietorships and general partnerships do not have to register with the Washington Secretary of State. Neither are formal business entities. They are not taxable for federal purposes; the proprietor or partner simply reflects the business’s income or loss on their personal income tax returns. While relatively simple and flexible, sole proprietorships and general partnerships have many disadvantages, chief among them that the sole proprietors and partners are personally liable for any debts or any legal liability that their business might face.

Small businesses may also create a more formal structure to conduct business. These business organizations have advantages over sole proprietorships and general partnerships. By creating a formal business organization, the owner can still reflect the business income and losses on their personal tax return, but can generally be protected from personal responsibility for the business’s debts and other liabilities. A formal structure requires certain filings with the Washington Secretary of State, which we can help you with.

Some of the different types of business structures that you may consider are:

* LIMITED PARTNERSHIP (LP): In a limited partnership, there are two different classes of partners: General partners and limited partners. Like in a general partnership, general partners have unlimited liability for the company's debts. However, there are also limited partners, who are not liable. Limited partners have less control of the company than general partners. The circumstances in which a limited partnership is the best option are narrow, but may occur if one or more partners is putting in significant capital but not taking a role in managing the company.

* LIMITED LIABILITY PARTNERSHIP (LLP): In an LLP, the partners share management of the company, with all partners on the same level, unlike the tiers in an LP. However, the partners will not be personally liable for any debt, under most circumstances.

LLPs tend to be attractive options for firms of professionals, like law firms, accounting firms, or architectural and engineering firms.

* LIMITED LIABILITY COMPANY (LLC): Despite its name, in Washington, an LLC can actually have just one owner/member. An LLC is governed by an operating agreement that sets out the specific agreement of the members, and establishes procedures for making future business decisions. We can help you form your LLC by filings with the state government, and draft the operating agreement that embodies the agreement of the members with one another.

* CORPORATION: Corporations with a small number of shareholders, or “closely held corporations” are sometimes a good option for beginning a small business. We can advise you if your particular circumstances merit forming a closely held corporation.

AGREEMENTS AND FORMS FOR NEW BUSINESSES. One of the key elements of preparation for opening your business is being ready to actually conduct transactions. There are many agreements you will need to make, and will need to make many more throughout the course of your business: agreements with vendors, suppliers, landlords, clients, customers, employees, and others. We can advise and negotiate on many important contracts to help make sure you're getting off on the right foot. We can also help you draft agreements for use throughout the course of business.

Opening your own business is an exciting time, but there's significant risk involved. Having an experienced lawyer on your side can help you understand the risks and make informed decisions. We have been assisting entrepreneurs open their own businesses for nearly 25 years. Call us today at 253.858.5434 to set up a consultation.

What is a "Spendthrift Trust"?

At their most basic level, Trusts are agreements based on the trust and confidence between the Trustee and the Trustor, who is the person making the Trust. The Trust Agreement authorizes the Trustee to administer the Trust assets and distribute them to the beneficiaries named in the Trust, according to the terms of the Trust document. A "Spendthrift Trust" is a specific type of Trust that you should consider including in your estate plan.

DEFINITION. A Spendthrift trust is the type of trust that provides property control by limiting the beneficiary’s access to the trust assets. Typical restrictions can protect Trust property from beneficiaries who could potentially squander that property, as well as protect the assets from the beneficiary’s creditors.

PURPOSE. Spendthrift Trusts are most often created by a Trustor who desires to leave property to a beneficiary whom the Trustor is concerned may not have the ability to use the property wisely, or could potentially have problems with creditors. A Spendthrift Trust can ensure that a portion of the Trust property can be made available to the beneficiary, while preventing the beneficiary from squandering it all at once.

INCLUDING THE APPROPRIATE TERMS FOR ASSET PROTECTION. There are certain terms that must be included in a Trust in order to ensure that it will properly protect the assets you place into the Trust. First, any interests you leave to your heirs must be either contingent on a future event or condition, or the interest must be subject to the Trustee’s complete discretion.

HOW IT WORKS. Spendthrift Trusts place restrictions on the access a beneficiary can have to the Trust principal. Primarily, the beneficiaries are not allowed access to the principal, nor can they promise the assets to anyone else. In other words, if a beneficiary cannot access the funds in the Trust, those funds would not be subject to their creditors either.

ACCESS IS ONLY AVAILABLE THROUGH THE TRUSTEE. Because the beneficiary of a Spendthrift Trust cannot have direct access to the Trust assets, their benefits can only be received through the named Trustee. This can be accomplished in the form of a regular payment from the Trust (like an annuity) or possibly goods or services bought for the beneficiary by the Trustee.

REASONS WHY MOST SPENDTHRIFT TRUSTS ARE PREFERRED. Spendthrift Trusts are generally most useful when the Trustor needs to leave property or cash for a beneficiary about whom they are concerned may not be the best at managing that property. Some reasons behind the need for more control might include that the beneficiary is not particularly good with money or is prone to getting in debt with numerous creditors. The beneficiary may also be an addict, which could lead them to squander the proceeds in order to feed that addiction. Beneficiaries who are easily deceived or defrauded may also be in need of protection from a spendthrift trust.

CONSIDERATIONS WHEN CREATING YOUR SPENDTHRIFT TRUST. The first thing to consider is the need to consult an estate planning attorney. Your lawyer can help you create your Trust by asking detailed questions about what you seek to accomplish. They can help you determine whether a Spendthrift Trust is actually right for you and your beneficiary.

You should also consider when and how do you want the Trust to be terminated and what should happen to the Trust principal if the beneficiary’s circumstances change. For instance, if the beneficiary dies or becomes better able to manage trust funds. Another consideration is whether you need to include provisions that allow for special payouts when the beneficiary incurs substantial expenses.

THE GENERAL BENEFITS OF A TRUST. Just like your Will, a Trust can provide a way for you to determine now how and when your property will be distributed upon your death. However, unlike a Will, a Trust can also give you a way to protect those assets in situations where a particular beneficiary may need special assistance in managing that property. Another advantage is that a Trust can help you avoid the time and expense of the probate process.

If you have questions about Trusts or other estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Rules Regarding Wrongful Death Lawsuits in Washington

When a person dies as a result of another party's negligent, reckless, or intentional act, the deceased person's survivors could be entitled to file a wrongful death lawsuit. A case qualifies under Washington's "wrongful death" statutes when "the death of a person is caused by the wrongful act, neglect, or default of another." (RCW 4.20.010) In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by:

* a negligence-based incident (such as an auto collision)

* medical malpractice, or

* an intentional act (including a crime).

It can be helpful to think of a wrongful death claim as a personal injury case in which the injured person can no longer pursue their own case. Although the deceased person cannot bring their own personal injury claim, another party may step in and bring the wrongful death case to court on the deceased person's behalf.

Some states' laws allow the deceased person's surviving family members to file a wrongful death lawsuit. Washington law, however, requires the Personal Representative (formerly called the "executor" or "administrator") of the deceased person's estate to bring most wrongful death claims. If the deceased person has executed a Will, they will most likely have named the Personal Representative there. If there is no Will or the named Personal Representative cannot serve, the court can appoint someone to act. Note that while the Personal Representative must file the wrongful death lawsuit, any damages awarded are for the benefit of the deceased's survivors, not the estate itself.

SPECIAL RULES FOR FILING A WRONGFUL DEATH CLAIM FOR A CHILD. As noted above, the PR must file the wrongful death lawsuit in most cases. However, RCW 4.24.010 allows a parent or legal guardian to file a claim for the death of a child only if the child has no surviving spouse, domestic partner, or children, under the following circumstances.

* If the child was a minor (younger than 18 years of age). A parent or legal guardian may file a wrongful death lawsuit—or join a wrongful death action—if they have regularly contributed to the child's support.

* If the child was an adult (18 years of age or older). A parent or legal guardian may file a wrongful death lawsuit—or join a wrongful death action—if they have had "significant involvement" in the life of the adult child. Under Washington law, "significant involvement" includes giving or receiving emotional, psychological, or financial support, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death.

TIME LIMITS FOR FILING WRONGFUL DEATH CLAIMS. A wrongful death claim in Washington must be filed within three years of the date of the person's death, a time limit set by the "statute of limitations." If the case is not filed within three years, the court will refuse to hear it. (RCW 4.16.080(2))

Note: Other time limits could apply if the death was the result of medical malpractice.

DAMAGES. "Damages" are the plaintiff's claimed losses in a personal injury case. In a successful wrongful death lawsuit, the court will award damages to the deceased person's survivors to compensate for a range of losses. Damages commonly awarded in a Washington wrongful death case include compensation for:

* the deceased person's last medical bills

* funeral and burial expenses

* lost financial support the deceased would have contributed to their family

* the value of lost household services the deceased would have provided, and

* the loss of the deceased's love, care, affection, companionship, and training.

In Washington, damages are for the benefit of the deceased's surviving spouse or domestic partner and children (including stepchildren). If there is no spouse or domestic partner or children, damages are for the benefit of the deceased's parents or siblings.

Under RCW 4.24.010, parents or guardians of a deceased child may recover damages for:

* the child's health care expenses

* loss of the child's services, financial support, and other economic losses

* loss of the child's emotional support, love, and companionship, and

* destruction of the parent-child relationship.

Wrongful death claims can be complicated—and the law can change at any time. If you're thinking of filing a wrongful death lawsuit in Washington, it's a good idea to consult an experienced lawyer. Give us a call at 253.858.5434 and we can explain how the law applies to the circumstances of your case.

During a personal injury lawsuit, a witness may have their deposition taken. A deposition is a question & answer session used during the pre-trial process to gain information about the case.

During a personal injury lawsuit, the plaintiff, defendant, and other witnesses may have their depositions taken. In a deposition, the witness testifies under oath as part of the "discovery" process. A deposition is a question-and-answer session used in the pre-trial process of a civil lawsuit, to gain information about the case and explore paths toward potential evidence that might be used by either side.

WHAT IS A DEPOSITION? At a deposition, a person appears at a specified time and place and gives sworn testimony—under oath, with a court reporter present so that a record is made. Depositions typically occur during the discovery phase of a personal injury case (after the filing of a lawsuit, but before trial or settlement). Similar to what happens at trial, a lawyer will ask questions to the person being deposed (the "deponent"). In some circumstances, the deposition testimony may be admissible in court.

COMPELLING A WITNESS TO ATTEND A DEPOSITION. Subject to limited exceptions, you can depose any person who may have knowledge of the facts related to the lawsuit. Naturally, many people will not voluntarily appear at a deposition out of pure good will. Depositions can be very long and stressful. But a person can be compelled to attend a deposition through the use of a subpoena. A subpoena must be served on the potential deponent through service of process. This typically involves hiring a process server. (Your lawyer will be very familiar with this procedure.)

A subpoena commands a person to appear at a specific place and time to give testimony. The actual subpoena must follow strict guidelines, including naming the court and title of the action, commanding attendance, and including specific text. There are protections afforded to a subpoenaed person. A motion to "quash" or "modify" a subpoena may be filed with the court for a number of reasons, including failure to allow reasonable time to respond to the subpoena, and when the compliance with the subpoena would require a person to travel an unreasonable distance.

WHY TAKE A DEPOSITION IN A PERSONAL INJURY CASE? There are several reasons for taking a deposition in different kinds of personal injury cases, including:

* to obtain important facts about the case

* to gather information about the strengths and weaknesses of the parties' arguments in the case

* to figure out how effective (how credible, how sympathetic, etc.) a plaintiff or witness will be when testifying at trial, and

* to determine how and when the underlying collision or injury occurred.

HOW A DEPOSITION WORKS IN AN INJURY CASE. When either side of the personal injury case (plaintiff or defendant) wants to schedule a deposition, they must give reasonable notice to all parties according to local court rules, but the deposition may be in almost any location. Many lawyers choose to hold depositions at their office or at a court reporter's office (there must be a court reporter present to record the entire deposition, and the person who scheduled the deposition is usually responsible for the costs associated with the court reporter).

Similar to trial, one attorney typically begins the questioning, and other attorneys have a chance to follow up with their own questions. During questioning by an examining attorney, opposing attorneys can object to certain questions and subject matter. Unlike a trial, there is no judge to rule immediately on objections. Therefore, the objection is noted on the record, but the questioning proceeds. A deponent can only be instructed to not answer a question in very limited circumstances.

DEPOSITION STRATEGY IN A PERSONAL INJURY CASE. As part of discovery, depositions are used to obtain information that will help your side of the personal injury case.

Many lawyers prefer to ask broad questions and allow the deponent to provide a long answer. Often, the deponent will inadvertently admit a key fact when they go beyond the boundaries of providing a concise answer. So, a lawyer defending the deposition will usually advise the deponent to provide short and concise responses.

If you've got questions about what to expect during your deposition, your lawyer will have the answers. If you or a friend or family member has a personal injury claim or is involved in a personal injury lawsuit, give us a call at 253.858.5434 to see how we can help.

A Directive to Physicians (also called a Living Will) is a legal document that allows you to express your wishes for future medical treatment when you are unable to express them or are near death.

A Directive to Physicians (also called a Living Will or Advance Directive) is a legal document that allows you to express your wishes for future medical treatment when you are unable to express them or are near death. The document allows people who clearly do not want their lives prolonged to make their wishes known.

Your Directive to Physicians is only used if you have a terminal condition as certified by two physicians, where life-sustaining treatment would only prolong the process of dying; or you are certified by two physicians to be in an irreversible coma or other permanent unconscious condition and there is no reasonable hope of recovery. In either situation, your directive allows treatment to be withheld or withdrawn so that you may die naturally.

In your Directive to Physicians, you may also direct whether you would like artificially provided nutrition (food) and hydration (water) stopped in the above situations. You may also give further written instructions regarding your care. If you have given someone else authority for making decisions, through a Health Care Power of Attorney, you may also direct that person to follow and honor your Directive to Physicians. You can change or revoke your Directive to Physicians at any time.

Your Directive to Physicians must be signed by you and two witnesses who are not related to you by blood or marriage and who will not inherit anything from you. Your witnesses may not be your attending physician, an employee of your attending physician, or a an employee of health care facility in which you are a patient.

Your Directive is valid indefinitely, unless it contains a predetermined expiration date, or it is specifically revoked by you in a separate writing. Your Directive should be reviewed from time-to-time to insure it accurately reflects your current wishes.

A Directive to Physicians that meets the requirements of your home state may not meet the requirements of other states. Most states, however, will recognize a properly completed Directive that is legally executed in another state. If you have a dual residency or spend a lot of time in another state, you may wish to consider having your Directive meet the laws of both states to the extent possible.

You should make sure that your Directive to Physicians has been properly signed, dated, and witnessed by two adults, each of whom should NOT be a person who is also designated as your Health Care Agent, if any is appointed, to avoid any appearance of coercion. Keep the original with the rest of your important papers and in a location where your family can find it in case of an emergency. Safe deposit boxes are not a good place to keep your Directive because your family may not have access to the box without a court order, which may take time to obtain. If someone else has authorized access to your safe deposit box, you may place a copy of your Directive in your box together with a note of where the original may be found.

Give copies of your completed Directive to your family, your doctors, health care providers, your Health Care Agent, if any is appointed, and anyone else who is likely to be called if you experience a medical emergency. You should instruct these people to present a copy of the form to any hospital, health care provider, or medical personnel upon demand.

If you anticipate surgery or hospitalization, you should bring a copy of your Directive with you and give it the hospital admittance personnel. A copy of your Directive, rather than the original, may be relied upon by your doctors in most instances.

Before you begin giving your Directive to your family, doctors, and others, as mentioned above, you should first create a list of people who you intend on giving it to, including their addresses and telephone numbers. You should attach this list to the original for safe keeping. Should you ever decide to change or revoke your Directive, you will need to know who you gave previous directives to so not to cause confusion in a time of need or in case of an emergency. Anyone who subsequently receives your Directive should be added to your list.

You are free to revoke your Directive to Physicians at any time. This can be done with a revocation document or simply destroying the original Directive. To insure that the revocation is recognized, you should inform both your doctor and other health care providers so that they are fully aware of your decision. You should do this, in writing, as soon as possible after revoking your Directive. You should also send notice of your decision to everyone on the list you created of people who have received a copy of your Directive.

You should discuss your Directive to Physicians with your doctor and family members. If you have any legal questions or concerns about the use and effect of this directive, give us a call at 253.858.5434 and we would be happy to discuss them with you.