July 2022

As part of our continued growth, Brothers & Henderson, P.S is pleased to welcome M. Heather Kolby to the firm as an Associate Attorney. She earned her Juris Doctor from Santa Clara University School of Law, her Master of Science degree in School Psychology from San Jose State University, and her Bachelor of Arts degree in Psychology from California State University, Northridge. Ms. Kolbly’s practice at the firm will focus on Special Education law and estate planning. Her background includes 13 years as a school psychologist in the California public school system and then most recently on the public schools on the Eastside of Seattle. From that experience she gained a deep understanding of how schools and school districts function and the learning differences, disabilities, and emotional and psychological challenges that students face every day in their continued learning. Prior joining Brothers & Henderson, she managed her own solo-practice law firm for 10 years.

Adult children of aging parents often experience a variety of emotions when they realize their mothers or fathers can no longer care for themselves, especially when an Alzheimer’s diagnosis confirms cognitive problems may not improve. Alzheimers.net notes that seeking legal guardianship of an elderly parent suffering from Alzheimer’s can authorize you to make decisions on that individual’s behalf, which may streamline choices related to medical care and financial issues. Individuals seeking guardianship of this type must take several legal steps before they can receive power of attorney and attempt to maintain an elderly parent’s quality of life. The benefits of guardianship Elderly parents who suffer from Alzheimer’s usually experience a decline in memory and other cognitive functions that can affect their overall health. They may suffer from lapses in hygiene and suffer from poor nutrition when they can no longer cook for themselves. Seeking guardianship has several benefits for both the elderly parent and the adult offspring seeking guardianship, including: Improved nutrition/meal program placement Improved health through assistance with hygiene/dressing The ability of the elderly parent to age with dignity Legal guardianship also gives adult children the opportunity to direct care for comparative elderly parents who may believe they do not require such assistance, despite evidence to the contrary. Steps to guardianship Once an elderly parent’s family receives an Alzheimer’s diagnosis for that individual, the next step takes place in court, where the adult child seeking guardianship must prove his or her parent can no longer make sound decisions or perform daily tasks that support good health. The petitioner must also prove that he or she has the capacity to act in the best interests of the person suffering from cognitive decline.  Putting a legal guardian in place as soon as possible for an elderly person suffering from Alzheimer’s can prevent ill health and exploitation from individuals or companies that may take advantage when no one is there to offer protection or guidance.

As a parent of a child with a disability, you may be wondering how the school can support them, or you may have had a medical or psychological professional recommend pursuing a 504 Plan or an IEP for your child in school. What are these things? How can they help your child? How do students qualify for them? Read on for answers. The 504 Plan 504 Plans are governed by Section 504 of the Rehabilitation Act of 1973, which is a civil rights law that guarantees equal access to the educational program for students with disabilities. A 504 Plan is a legal document providing for specific accommodations (typically within the classroom, but potentially elsewhere at school) that a disabled student is entitled to receive. To qualify for one, a student must (1) have a physical or mental impairment that (2) substantially limits (3) a major life activity. Common examples of accommodations may include extra time to take tests or complete assignments, allowing the use of a “fidget” item to help your child focus in class, frequent teacher checks for understanding, or reducing the length of assignments. There are many more accommodations that can go into a 504 Plan. Whatever accommodations are chosen, they should be reasonably calculated to address the student’s specific needs based on their disability. It is also important to realize that the inclusion of some accommodations poses the risk of additional – and potentially bigger – problems, so care needs to be used in choosing accommodations that will really benefit the student. For example, being allowed to use extra time to complete assignments may sound great, but taking too much extra time to finish assignments can result in the student’s assignments piling up and becoming unmanageable as the class moves on to future lessons. Thus, you may want to make sure certain parameters are documented in the Plan about the use of an accommodation like this one, such as allowing up to one or two additional days to complete assignments rather than leaving the time frame open. It is also important to know that a student need not use every accommodation every single day; they are simply there for the student to use whenever needed. Failure to use a particular accommodation should not result in the school being allowed to deny its use in the future. Of course, if an accommodation remains on the student’s Plan year after year and is never used, that can be an indication that it’s not really a needed one for the student, and teachers and parents may want to discuss deleting it from the Plan. In any event, it’s important to realize, however, that the student has a legal right to use any and all of the accommodations in their 504 Plan, regardless of how often they need them. As students go into middle and high school, it is also important to make sure students know what their 504 Plan entails and even take part in choosing the accommodations in it. As students go into those upper grades, it is helpful for them to self-advocate for the use of their accommodations. A student on a 504 Plan has a legal right to those accommodations, and the school must offer them. All of this knowledge can empower students in learning to advocate for their own rights as they get older. IEPs “IEP” stands for “Individualized Education Plan,” and these plans are governed by the Individuals with Disabilities Education Act (IDEA). IEPs are a function of the school’s Special Education program, as opposed to 504 Plans, which are outside the realm of Special Ed. An IEP is a legal document containing a detailed plan of instruction to be given to a student, along with accommodations for that student. The accommodations in an IEP are the same or similar to those in a 504 Plan; but the IEP also includes the extra support of specially designed instruction tailored to the student’s specific needs. There are several ways in which a student may qualify for Special Ed. services (an IEP), depending on the student’s disability and particular challenges. Some students will qualify based on a clearly observable disability, such as being deaf, blind, or physically disabled. Many other students qualify based on a disability that is much less observable, such as a learning disability affecting their reading, writing or math skills, autism, or Attention Deficit Hyperactivity Disorder (ADHD), among many other disabling conditions. Simply having a disability alone does not mean a student will require or qualify for an IEP. In general terms, to qualify for an IEP, a student must be shown to have a disability that meets criteria in the IDEA (codified in Washington State in WAC 392-172A-01035). WAC 392-172A-01035 provides a listing of the various disability categories the schools use to qualify students for IEPs, along with each category’s requirements. Once a student is found to qualify for an IEP, the school’s Special Ed. teacher (and/or other Special Ed. professionals in the school, if warranted) will create an IEP detailing the services and accommodations to be provided. Services should include instruction that is designed specifically for the individual student according to their needs. Such instruction may address deficits in reading, writing, math, organizational skills, behavior, social-emotional functioning, or other areas. If the student qualifies for speech and language, occupational (fine-motor) or physical (gross-motor) therapies, those will also be addressed in the IEP. IEPs can continue through 12th grade, and they expire when the student graduates from high school. IEPs can last up to age 21 for students who are severely disabled or otherwise do not graduate by the typical age of 18. The IEP does not transfer to college or trade school, although students can request that these schools honor the accommodations listed in their IEP. NOTE: THIS POST IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONTAIN ANY LEGAL ADVICE. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE USED OR RELIED UPON WITH RESPECT TO ANY PARTICULAR FACTS OR CIRCUMSTANCES WITHOUT FIRST CONSULTING WITH AN ATTORNEY.

The fact is that most people require long-term care once they reach a certain age. According to the Administration for Community Living , 70 percent of people over 65 need some form of long-term care. You should begin planning for professional elder care sooner than you think. The severity and costs will vary, but it is better to overprepare than get caught without the necessary health care arrangements. Do not burden your children When it comes down to it, you do not have the final say on when to start planning for long-term care. You might think you do not need it, but if you have children or family who care about you, they will have the burden if you avoid planning for assisted living. It is tough to predict how healthy you will be as you age. Do not put the stress of making such difficult decisions on your children. Be realistic about your finances Consult with professionals about what you can expect to pay. Sometimes people have the means to pay for their long-term care without financial aid. However, most people require some form of insurance. Whether it is private or Medicaid , you need to get the details sorted out before long-term care starts. Usually, people fund their assisted living through a combination of personal assets and insurance plans, so start investigating your financial situation today.  Too many people put the burden of long-term care on their descendants. Planning ahead will give you peace of mind and ensure your children and loved ones do not have to make any difficult decisions for you.