Planning for the Unthinkable

Planning for the Unthinkable

               Many people simply don’t want to think about unpleasant topics like what will happen when you die, or what will happen if you get so sick or injured that you are unable to make your own decisions.  Can’t really blame people for side stepping these issues, but the responsible thing to do is get it over with and do the right thing.

               Even if you don’t have much now, that doesn’t mean that when you pass away there won’t be important assets and debts that need to be addressed.  If you don’t take the time now to plan ahead, you will get what the Washington State Legislature determined should happen in cases where there is no will or an invalid will.  This result can be very different from what you would want to have happen, and there is really nothing anyone can do about it after the fact.  There can also be serious tax issues that if not appropriately addressed, can really bite into your estate.   Creating a well crafted will can ensure that your wishes are carried out with a minimum of heartburn for your family.

               If you are so ill or injured that you can’t make your own health care and financial decisions, you can plan ahead and appoint and direct the person or persons you want to make these decisions for you.  If you don’t plan ahead, you tend to get the first person that goes to all the trouble and expense of asking a court to grant them these powers.  Not only may this not be the person you want to make those important decisions, but it will cost a lot more money than if you had taken some simple steps now.

               Estate planning is really pretty simple and not nearly as expensive as you might think.  Now is the time to set up an appointment and get the guidance on how to best achieve your goals.  In all the years that I’ve been helping people with estate planning issues, I’ve never had anyone not feel much better about themselves after it’s completed. 

The Holiday Season and the Law

The Holiday Season and the Law

                It’s that time of the year again – holiday parties, evenings with friends and family, and celebrations that can get you in trouble.  The Washington State Patrol alone makes 20,000 DUI arrests each year, and it’s all over the news that most law enforcement agencies have stepped up DUI patrols this month.  Now is a good time to give some thought to what you should do if you are caught up in one of those stops.

                I’ve said it many times before, but it’s worth repeating – don’t volunteer to take any field sobriety tests if you are stopped by an officer.  These are purely voluntary tests, and you will not benefit from taking them.  Also, be polite and cooperative with the officer, but do not answer any questions that relate to where you have been or how much you have had to drink.  Providing your driver’s license, proof of insurance and registration are just fine, but don’t get into a conversation with the officer, just keep any discussion to the bare minimum.  If you take the voluntary field sobriety tests and/or discuss how much you have had to drink with the officer, it will be used against you in court.  I don’t care how nice the officer seems, or that the officer “just wants your cooperation so her or she can get you on your way”, what the officer is really doing is collecting evidence to be used against you.

                If you are taken into custody, the officer will generally read you your constitutional rights while you sit in the back seat of the patrol car.  Listen to your rights, and immediately ask to speak with an attorney.  When you get to the police station, keep in mind that you need to talk to an attorney before you sign anything or answer any questions about your physical condition.  They have defense attorneys on call that you can speak with any time day or night.  Talk to the attorney, and follow his or her advice.

                You will almost certainly want to take the breath alcohol test at the police station.  Refusing to take the test will subject you to higher penalties, and will make your defense all that much more difficult.  If you follow the attorney’s advice, you should get through the ordeal without too much trauma.

                The next day you need to call an attorney and set up a consultation.  There are very tight time constraints that can mean a significant suspension of your license if you don’t get help right away.  Depending on the jurisdiction, it could be months before you are formally charged with the DUI, but that doesn’t mean that you can just ignore the situation.  The Washington State Department of Licensing will suspend your license, and unless you take immediate action there isn’t much that can be done to prevent the suspension.

                Please have a great holiday season!  I hope that everyone stays on the right side of the law, but if something happens please remember my advice.  A DUI can have very negative long term effects on your life, school, and work.  The costs that come with a DUI can be immense and long term.  Know how to defend yourself from self incrimination, and how to give your attorney the best chance possible to obtain a positive final outcome.