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In Washington State, where protecting our aging population is a growing priority, conservatorships remain a vital—though sometimes controversial—legal mechanism. Especially relevant to families in Edmonds, WA and throughout King and Snohomish County, conservatorships empower a designated individual to make legal, financial, or medical decisions on behalf of someone who can no longer manage these affairs independently.

Why It Matters in the Greater Seattle Area

As a law firm based in Edmonds, WA, we at Washington Elder Law frequently see families facing these difficult decisions. Our focus is helping seniors throughout the Greater Seattle Area qualify for Medicaid while preserving their assets for future generations. When early estate planning isn’t completed, conservatorship becomes one of the few remaining tools to ensure protection and care for a loved one.

The Purpose and Process of Conservatorship

A conservatorship allows someone—appointed by a court—to act on behalf of an individual who is no longer able to manage their own affairs. This is most commonly needed due to conditions like dementia or other cognitive impairments. Just last week, for instance, public attention turned to the case of comedian Jay Leno, who petitioned for conservatorship over his wife, Mavis, as she lives with dementia. Their situation underscores the emotional and legal complexity of these arrangements—even after decades of marriage.

To establish a conservatorship in Washington State, a petition must be filed with the court, followed by a thorough investigation and hearing. Even after approval, conservators remain under supervision to ensure they fulfill their duties appropriately and in the best interest of the incapacitated person.

Learn more about how our Elder Law services can help you navigate these challenges.

Types of Conservatorships

There are different types of conservatorships depending on the individual’s needs:

  • Financial Conservatorships: Involving control over finances, property, and legal decisions.
  • Personal Conservatorships: Encompassing decisions about healthcare, living arrangements, transportation, and more.
  • Temporary vs. Long-Term: Some are established temporarily during recovery; others are long-term due to permanent incapacity.

The definition and rules around conservatorship vary from state to state. That’s why working with a local attorney who understands Washington’s elder law landscape is critical.

How Conservatorship Differs from Other Tools

Conservatorship is often confused with tools like guardianship, special needs trusts, medical directives, or powers of attorney, but each serves a distinct purpose. The overlap can be confusing, which is why personalized legal guidance is so essential. If you’re unsure about the best route for protecting your loved one, don’t make this decision alone. Contact Washington Elder Law today for guidance that is compassionate, thorough, and tailored to your needs.

Kelli Click Contributor Investing I write about IRAs, alternative investments and retirement planning.

Late last year, new legislation was signed into law that will usher in some of the most sweeping changes to retirement plans in decades. The Setting Every Community Up for Retirement (or SECURE) Act was originally passed by the House of Representatives last spring. It failed to pass the Senate then, but the legislation was included in the year-end spending bill that was passed on December 20, 2019.

The SECURE Act became effective on January 1, 2020, and it will inevitably affect many retirement savers, for better or worse. Here are a few of the most significant provisions that you should be aware of:

Elimination of the “stretch IRA”—Stretch IRA is a term that was used to describe a technique in which a beneficiary would extend distributions from an inherited IRA over his or her lifetime. This could enable young beneficiaries to extend the payout period from an inherited IRA over decades, spreading out the payment of income taxes over a long period of time.

Today In: Money The SECURE Act effectively eliminated stretch IRAs as an estate planning tool. Effective for deaths occurring after December 31, 2019, funds from inherited IRAs must now be fully withdrawn by beneficiaries within 10 years of the account owner’s death. The old rules still apply for deaths that occurred before this year for the original beneficiary, but once he or she dies, the new rules will apply to successor beneficiaries.

The Act includes exemptions for certain kinds of beneficiaries, including surviving spouses, minor children, the chronically ill and disabled, and beneficiaries who are not more than 10 years younger than the account owner. Note that grandchildren are not included among these exemptions.

Elimination of age limit for making Traditional IRA contributions—Previously, individuals were not allowed to continue making contributions to Traditional IRAs once they reached age 70½. But the SECURE Act removes this age limit, effective this year. This could be beneficial for the growing number of people who are working past age 70 since they can now continue making IRA contributions indefinitely, thus enhancing their long-term retirement financial security.

Raising of the age for RMDs—Distributions must begin from traditional IRAs when savers reach a certain age. The SECURE Act raised the age for these required minimum distributions (or RMDs) from 70½ to 72. This will enable individuals between these ages to keep money in their IRAs longer and put off paying income taxes on withdrawals if they don’t need funds yet to pay for living expenses.

However, the new rule does not apply to those already older than 70 ½ or turned 70 ½ in 2019 (born on or before June 30, 1949). Those individuals must continue or begin taking RMDs under the old rule.

Expanded plan eligibility for part-time workers—Also starting next year, part-timers who have worked more than 500 hours a year for three consecutive years must be allowed to participate in their employer’s 401(k). Part-timers who worked 1,000 hours or more during the past year also must be granted access to the plan.

New employer protections for offering annuities—Due to liability concerns, many employers have been hesitant to offer annuity contracts as an investment option for plan participants. The SECURE Act provides a safe harbor for plan sponsors that will protect them from liability when selecting an insurer. As a result, more businesses may start offering these popular options in their investment menu.

Lower barriers for offering multiple employer plan, or MEPs—Many small businesses that would like to offer a retirement plan are discouraged by excessive compliance burdens and high administrative costs. One simpler and more cost-effective solution is a multiple employer plan in which small firms join together to offer a plan, sharing a plan administrator and lowering costs and administrative duties.

However, a rule requiring that businesses joining together to form a MEP have a common connection or similarity — such as being in the same industry — has made the formation of MEPs more difficult. Starting next year, these rules will be relaxed so that it’s easier for unrelated businesses to form a MEP. This could increase access to a retirement plan for employees who work at small firms.

The SECURE Act could have wide-ranging effects on the retirement planning landscape in the United States.

 

Thousands of Americans are at risk of going broke in retirement, and it’s only going to get worse.

 

These days, overwhelming student loan debt and the uncertain future of Social Security’s solvency garner most of the attention, but there’s another equally severe financial crisis looming on the horizon for millions of Americans. Thousands of people retire every day, and many don’t have the savings they need to last the rest of their lives.

When that well runs dry, they’ll need to lean on their family members to support them or seek government assistance to cover their basic living expenses. It’s a fate thousands of Americans are already experiencing, and based on data from the latest Northwestern Mutual Planning & Progress survey, tens of thousands more are set to join them in the coming decades.

The statistics say it all

While respondents in Northwestern Mutual’s 2019 survey reported better money management skills than those surveyed 10 years ago, the outlook for many of their futures remains grim. The survey found:

  • 22% of Americans have less than $5,000 saved for retirement.
  • 15% have no retirement savings at all.
  • 56% don’t know how much money they need to retire comfortably.
  • 41% are taking no steps to prevent themselves from running out of retirement savings, though many see this as a possibility.

The percentage of Americans with less than $5,000 in retirement savings actually decreased compared to last year, but 22% is still an alarming number of people without adequate savings.

The study focused on baby boomers and Generation X – the two generations next in line for retirement – and the results showed both groups have work to do. Of the 10,000 baby boomers turning 65 every day, 17% have less than $5,000 in retirement savings, and 20% have less than $5,000 in personal savings outside of a retirement account.