The federal Railroad Retirement Board handles this benefit program for eligible workers and their families. 

General Eligibility
Like Social Security, Railroad Retirement benefits are based on months of service and earnings credits. Employees of railroads engaged in interstate commerce, some related industries, railway associations, and national railway labor organizations qualify for Railroad Retirement after 10 years of credited work. 

Retirement Benefits 
Railroad employees with at least 30 years of service can get benefits (called "annuities") at a reduced rate at age 60. If they apply at age 62 or later, they qualify for benefits at the full rate. The rate paid depends on the employee's earnings.

Employees with fewer than 30 years of service (but at least 10 years) can get reduced benefits at age 62, and full benefits if they apply at age 65. 

Spouses may be eligible for retirement benefits too, depending on the employee's age at retirement and years of railroad services. 

A spouse of any age can get a spouse annuity when the employee qualifies for a retirement annuity, so long as the spouse is caring for the employee's unmarried minor child or a child who became disabled before age 22. 

Divorced spouses may be eligible for an annuity, too. They must have been married to a retired employee for at least ten years and not remarried. Both the retired employee and the ex-spouse must be at least one month older then 62 when the ex-spouse applies. 

Earnings After Retirement 
Benefits are not available in any month in which a retired railroad employee works for a railroad industry covered by the retirement benefit law. Other kinds of earnings may result in reductions in benefits, similar to the reductions for Social Security retirement. These reductions end when the retired worker turns full retirement age. 

Disability Benefits 
A railroad employee with at least 10 years of credited service who becomes totally disabled for all regular work can get a disability annuity. For employees 60 or older with 10 years of service or of any age with at least 25 years of service, a second kind of disability annuity is available. This benefit is for employees permanently disabled from their regular railroad occupation. In some cases, disabled employees can get additional ("supplemental") benefits when they turn age 60 or 65, but they must meet several requirements to do so. The Railroad Retirement Board can give detailed information on these requirements. 

Survivor's Benefits 
The benefits are available to surviving spouses and children are similar to those offered by Social Security. For families who qualify, a one-time death benefit is available as well. 

How to Apply 
You must apply to receive any kind of benefit for yourself or your family. Call the nearest Railroad Retirement Board office to schedule an appointment to apply for benefits; be sure to ask what documents you will need to bring to show you are eligible. 

Your Right to Appeal 
If the Railroad Retirement Board denies, reduces, or ends your benefits, you may appeal its decision. You can appeal if it says it overpaid you, too. You can be represented by a friend, family member, paralegal, or attorney. The appeal process is very similar to that for Social Security benefits.

A pension plan is an agreement between an employee, their employer and, for some jobs, the union. Sometimes, the employer contributes and sometimes the employee does as well. Employers are not required to have pension plans. A federal law, the Employee Retirement Income Security Act of 1974 (ERISA), sets the standards for private pensions. It also provides guaranteed pensions in some cases.

Your Right to Participate
You must be permitted to participate if you are 21 or older and have worked for at least a year. This means your time at the job will be counted toward qualifying for retirement benefits. Many benefit programs offer the safety and convenience of depositing payment checks directly to your bank account.

Your Right to Information
ERISA requires that all plan rules be in writing. The plan administrator must explain all facts and rules about your employee benefit plan. You can get the plan rules, your employment records, and a statement of the credit you have earned to date. You can then find out when you will be eligible for benefits and can calculate the approximate amount of your benefits. You also may request copies of the Plan and Trust and a plan description, which outlines your rights, from the plan administrator.

Eligibility for Benefits
You earn credits by working in a job covered by an employee benefit plan. The plan rules specify how much work an employee must do to earn a year of credit. The rules also explain how many years of credits you need to qualify for benefits.

Payment of Pension Benefits
If you have not done so, it is wise to contact your plan administrator about pension benefits. The plan administrator has 30 days to give you written notice of your benefit amount and when you are entitled to receive it.

Some plans may offer early retirement benefits and disability benefits. Some plans may give you a lump sum payment if the amount of your benefit is less than $3500. When you select what type of retirement benefit you want, your spouse will usually be notified and asked to sign a release or consent form. Most private employee benefits are taxable income once you start collecting.

Social Security and Pension Benefits
Under some pension plans, Social Security and pension benefits are integrated, which means that the amount of the pension can be reduced by all or part of your Social Security check. Since 1988, plans are required to leave at least half of your pension in the plan.

Survivor's Pension Benefits
Under most pension plans, employees can choose to have pension payments go to their surviving spouses. Check to see whether survivor benefits and early death forfeiture clauses are in your pension. Early death forfeiture means that your spouse does not receive benefits if you die before the early retirement age in the plan. If you die while you are eligible for employee benefits under an employee benefit plan, your spouse may receive a death benefit. If you wish to have someone else receive this death benefit, tell your plan administrator.

Your Right to Appeal
The plan administrator is required to let you know, in writing, if he or she denies your application for benefits payments. The plan administrator must give you specific reasons for the denial. You have the right to a full review of the denial by all the trustees of the plan. If you are still unhappy with the decision, you can file a lawsuit in federal district court.

A new tool can help gun owners and family members plan ahead for safe firearm use and transfers in the event of disability or death: The Firearm Life Plan, created by researchers at the University of Colorado and the Rocky Mountain Regional VA Medical Center in Denver. 

Think of it as advance care planning for guns — a way for someone to describe what they want to have happen to their firearms should they die or become physically or cognitively disabled and unable to use them responsibly. 

The goal is to prevent accidental injuries that can result if older gun owners forget to store firearms safely, their hearing and vision are impaired, they become seriously depressed, or a medical condition such as arthritis prevents them from handling firearms adeptly. Another goal is to ensure that firearms are transferred safely to responsible new owners when the need arises.

For an article describing this resource, please see: Idaho Capital Sun Article. 

For more information, visit: The Firearm Life Plan.

This brochure was created by Idaho Legal Aid Services and provides general legal advice to seniors regarding Power of Attorneys, Living Wills, Wills, etc.

The Idaho Caregiver Alliance has developed a Caregiver Navigator Tool for unpaid family caregivers of adults or children which provides an assessment of your needs and resources to assist caregivers, such as help developing a care plan. 

To take the Caregiver Screening to assess your needs or to find out more information, please visit the Caregiver Navigator tool.

This brochure was created by Idaho Legal Aid Services, Inc. and advises seniors and their caregivers on available resources for caregivers, both legal and non-legal.

Go to http://www.ssa.gov, the Social Security Administration website, for an excellent explanation. SSI stands for the Supplemental Security Income program run by the federal government. SSI provides a monthly check for aged, blind, or disabled persons who are needy, and who can't work. SSI pays a low income individual $771 per month or a couple $1,157 per month (as of 2019). You must have little money or property (up to $2,000 for a single person and $3,000 for a couple) along with being aged, blind, or disabled. Your house doesn’t count.

Social Security disability benefits are available for disabled workers who have paid in enough money to the Social Security fund over enough quarters to have insured status. SSI has no work history requirement. Some people who have a small amount of social security disability coverage will also be able to get a check for SSI.

The test for disability is the same for Social Security and SSI. Basically you must have a medical or mental health problem which keeps you from working full-time for at least a year. The Department of Health and Human Services, which runs the Social Security Administration, has rules and regulations which they use to define disability. When you apply for disability, Social Security checks to see if you are working. People who work and earn over a certain amount per month ($1,220 for 2019) are considered to be able to do "substantial gainful activity" (SGA) and they are denied disability. Social Security will look at the medical condition to see if it is "severe." A severe condition must be expected to result in death or last a year before they consider you disabled. There are 14 types of super severe conditions recognized by the Social Security Administration. If your condition matches any of the ones described in these 14 categories, you will qualify for benefits. If you have a severe impairment that does not match any of the 14 types of conditions, then the Social Security Administration will look at your age, education, and work experience to see if there is other work that you can do.

Any citizen or legal permanent resident can apply for SSI benefits at a local Social Security District Office. Call the following toll free number if you don't have a district office in your area and a service representative will assist you with the application. 1-800-772-1213.

A claims representative will assist you in filling out the application. You don't need to personally fill the entire form out. A friend or relative can help you, but you must sign it unless you are mentally or physically unable to sign your name. The application form asks information such as: 

• when you last worked;
• the nature of your condition;
• what doctors and hospitals treated you;
• medications you are taking;
• information about income and resources. 

The application form is sent to the Disability Determinations Service in Boise, who recommend disability decisions for the Social Security Administration.

You are eligible for Medicaid if you qualify for SSI, but you must file a separate application. An application for Social Security or SSI is not an application for Medicaid. Medicaid is a government run medical insurance program that pays for medical care. You should apply for Medicaid at your local Idaho Department of Health and Welfare Office at the same time as you apply for SSI.

The Suffolk Lit Lab has developed a form to help people on SSI or SSDI create a letter to report changes to Social Security that might affect their benefits and to avoid any possible overpayments. For more information, visit their website here: https://apps.suffolklitlab.org/run/ssareportchangesletter/#/1

Most SSI disability applications are denied at first. If your application is denied you have 60 days to appeal. Forms are available at the local Social Security office for appealing. Social Security has informal hearings at the reconsideration level in some cases. If you are turned down at reconsideration, you can ask for a hearing in front of an administrative law judge (ALJ). The ALJs travel to Idaho on a monthly basis to hear cases. They will listen to your testimony and your witnesses and review the evidence in your file. It usually takes six weeks to three months for them to issue a written decision. If they turn you down you may appeal to the Appeals Council in Washington D.C. and then to federal court.

If you are denied disability benefits and feel that you are disabled, you should see an attorney. Idaho Legal Aid Services, Inc. represents hundreds of claimants for SSI disability. Your chances of winning an SSI appeal are much better if you have an attorney. 

Here are 10 good reasons for getting an attorney: 

1. Your attorney knows the laws and regulations involved.
2. Your attorney will help you get all the medical and other evidence that you need.
3. Your attorney will contact your doctors and explain the requirements of the Social Security regulations.
4. Your attorney will review the file Social Security has put together on your case and make sure it is complete.
5. Your attorney will assist you with the special rules that apply to termination cases and overpayment cases and income or resource denials.
6. Your attorney can seek a waiver of a time limit or seek to reopen a prior claim.
7. Your attorney will prepare you to testify at your hearing.
8. Your attorney can subpoena witnesses for your hearing and cross-examine experts that Social Security hires.
9. Your attorney will argue for you at your hearing.
10. Your attorney will review your hearing decision if you lose and help you appeal if it is necessary. 

For SSI and Social Security Disability claims, contact the nearest Idaho Legal Aid Services office, or the National Organization of Social Security Claimant's Representatives at 1-800-431-2804, or the Idaho State Bar at 208-334-4500 to receive a referral.

This page is for information only. If you have questions about your disability claim, please contact an attorney.

Persons who want to apply for Supplemental Security Income (SSI) can use an online tool that was just released by the Social Security Administration. Applicants and individuals assisting applicants can use this tool to request an appointment to apply for SSI benefits. The request establishes a protective filing date that will be used as the application date, so long as the individual submits an SSI application within 60 days. Establishing a protective filing date is important because the protective filing date is used to determine when an individual can start receiving SSI benefits. 

An individual only needs to provide basic information to make the online request. After the individual submits the request, the Social Security Administration will schedule an appointment to apply for benefits by phone and send notification of the appointment within 7-14 business days.

 An individual can also indicate a "priority life circumstance," such as homelessness, a terminal illness, or recent release from incarceration, that will prompt an SSA employee to attempt to contact the applicant by phone within three business days, to apply for SSI at that time, or schedule an appointment to apply. 

Click below to use this new tool developed by the Social Security Administration: 
Social Security Administration's Online SSI Application Tool

Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions. Please review the guide below for more information.

To qualify for Social Security, you must have worked in a job where you or your employer paid the Social Security tax. Certain relatives also may qualify for benefits on your account. You must have worked a certain amount of time to earn quarters of coverage, or credits. When you earn enough credits, you become eligible for benefits. The amount of benefits you will receive each month depends upon the amount of your average yearly earnings.

You must meet the following requirements to be eligible for retirement benefits:

• You are 62 or older
• You have enough credits
• You are retired or are employed and have limited earnings

Your spouse and unmarried children may also receive benefits when you do based on your earnings if one of the following applies:

• Your spouse is 62 or older
• Your non-working spouse is younger than 62 and is caring for your child who is younger than 16 or disabled

Your non-working divorced spouse also may receive benefits if one of the following applies:

• They are 62 or older
• They are younger than 62, has not remarries, and is caring for your child who is younger than 16; and you were married to each other for at least 10 years.

Your check will be permanently reduced to 5/9 of 1% for every month that you receive Early Retirement benefits before turning 65 years old. Your Social Security will not be reduced if your benefits are disability benefits.

If you are younger than 65 and not receiving disability, your earnings may reduce the amount of your Early Retirement Social Security benefits that you receive. Your benefits will not be affected, however, if you are older than 65. If you are earning money in the same year as when you turned 65, but have not yet turned 65, your Social Security income will be reduced by one dollar for every three dollars of gross monthly earnings above $2560; otherwise, prior to your 65th birth date your Early Retirement will be reduced by one dollar for every two dollars of monthly gross earnings above $960.

Disability means diagnosed health problem(s) that stops you from performing substantial gainful employment. If you have enough credits and become disabled before age 65, you may be eligible for disability benefits. Certain relatives may also be eligible with you. You may qualify for disability benefits if: 

• You cannot do any substantial kind of work because of diagnosed health problems, considering your age, education, and work experience
• The health problems either will result in death or is expected to or have lasted for 12 or more months
• You worked under Social Security and earned 20 credits (one credit for each quarter you worked) in the ten years immediately before you became disabled. 

If you qualify for disability payments, your children, spouse, and former spouse also may qualify for payments. After you have received disability benefits for 24 months, you will be eligible for Medicare federal health insurance. Disability benefits can begin one year prior to your application. Disability benefits cannot begin until five full calendar months have passed since the month in which you first became disabled.

If you are insured at the time of your death, a family member may receive benefits if he or she is: 

• A widow(er) age 60 or older
• A widow(er) at least 50 who becomes disabled within seven years of your death; or within seven years from the time she or he received benefits on your work record
• A surviving divorced spouse who meets either requirement #1 or #2 and was married to you at least 10 years
• An unmarried dependent child younger than 18 or an unmarried child who has been continuously disabled since prior to age 22. 

A surviving widow(er) or dependent children can receive a lump sum death benefit of $255 in addition to monthly survivor benefits.

If Social Security denies, reduces, or ends your benefits you may appeal the decision. Generally, you have 65 days from the date on the notice to appeal. If you are already receiving benefits, you can ask for continued benefits until you receive a face to face hearing. However, to do so, you must ask within 15 days of the date on the notice for continuation of the benefits. If you lose, you may have to pay the money back. Do not get discouraged if you are denied. Mistakes are made.

Under some pension plans, Social Security and pension benefits are integrated, which means that the amount of the pension can be reduced by all or part of your Social Security check. Since 1988, plans are required to leave at least half of your pension in the plan.

A will is a legal document directing the disposition of one's property (estate) after death. The person whose property is distributed in the will is called the testator of the will. A will has no effect before the death of the testator. At any time before death, the testator may still give away or sell her property. The testator may also amend or revoke her will or put in effect an entirely new will at any time before her death, as long as she is mentally competent to do so.

Attached to this page is a Word.doc version of the Affidavit for Collection of Personal Property that may be edited and filled in electronically before filing. The attached form is available for free to seniors and low income Idaho residents collecting personal property of decedents who lived in Idaho and had no plans to go and make their primary residence somewhere else at the time of their deaths. It could be used by non-Idaho residents or to collect property of people who did not die in Idaho or live in Idaho when they died, but only in certain circumstances that might or might not apply in your case. In such a case, you should probably consult with an attorney before completing and using an Affidavit Collecting Property. An Affidavit Collecting Property is only appropriate if the fair market value of the decedent’s entire estate (wherever the property might be)—after all liens and debts on the property are deducted—is no more than one hundred thousand dollars ($100,000). The information you will need to complete the Affidavit Collecting Personal Property includes: A copy of the decedent’s death certificate to attach to the affidavit. This will provide most of the information you will need to generate this affidavit. The name of the county where the affidavit will be signed. The name of any person who will sign the affidavit. (These must be people entitled to receive the property under a will or Idaho’s intestacy statutes.) Names of those entitled to receive the personal property of the decedent and the proportion or amount of the property they are to receive.

Summary administration is a simplified and expedited method, under Idaho law, for distributing a decedent’s estate. Summary administration for a survivng spouse is available under Idaho Code § 15-3-1205. Once it establishes that the decedent and surviving spouse were married at the time of the decedent’s death and that no other heir or inheritor under a will is entitled to estate property, the court may make a decree distributing the property to the surviving spouse. Idaho Code § 15-3-1205(b). No closing statement, further order, or court supervision is necessary. You may use the attached template to create your own petition for summary administration of an estate.

Forms are available for free to low income individuals seeking to change ownership of property after a death. We currently have forms for An Affidavit Collecting Property and a Petition for Summary Administration of an Estate. These forms can be accessed here.

There are many decisions to be made every day in life, even late in life. This is called life-time planning. Some of these decisions are of a financial nature, while others are of a personal nature, and still others are health-related. Financial decisions might include whether or not to have a joint bank account, how to go about paying bills and arranging finances, and drafting and maintaining legal papers. Personal decisions might include making funeral plans or burial arrangements, choosing where to live, and fulfilling spiritual or religious preferences. Health decisions could include consenting to or refusing treatment, deciding upon the course of treatment in case of terminal illness, and appointing someone to make health care decisions for you should you become incapacitated. Each of us have the right to make our own choices and decisions based upon our own values and our own desires, even if others disagree with us. Courts have almost always followed the express wishes of competent adults. Therefore, it is important to state your desires in writing about health decisions, financial decisions, and personal decisions when you are clearly capable of expressing those wishes. It is important to plan now for a possible period of your life when your physical, medical, or mental conditions may require the involvement of another individual to assist you with the activities of daily living. Some questions you should consider when you begin planning for the future are: Who should you authorize to have access to your bank accounts or other financial arrangements if you are not able to take care of them yourself? Who should you give authority to make health care decisions on your behalf if you are unable to do so? At what point in your life should you authorize the people to take over your financial and/or health care decision making? Ideally, we all should make lifetime plans when we are healthy and do not need someone to make decisions for us. Practically speaking, many people do not begin making lifetime plans at an early age. The objective of advanced planning or lifetime planning is to maintain control over your life in the scenario that you become impaired and are unable to maintain the control over your life that you like to at that time. It is important to have someone ready and available to step into your shoes should the time come. Shared Bank Accounts Most financial institutions have various options allowing more than one person to have access over funds in a bank account. The most common type of shared bank account is called a joint bank account. This allows two or more people to deposit and withdraw money from the bank account. The persons whose names are on the account do not need permission from the other to utilize that bank account. If one of the account holders dies, the funds in the bank account belong to the other individual. Before considering this type of arrangement, you would need to fully trust the person(s) that you place on the account. There are various disadvantages of joint ownership. For instance, the person you list as the joint holder could withdraw all of the monies without your permission or knowledge. In such an event, you probably would not ever be able to recover those monies. Another disadvantage is that these types of accounts could negatively affect the ability of you to access public benefits, such as Medicaid or the SSI program. This is because programs such as Medicaid consider a joint bank account to be 100 percent available to the Medicaid applicant. As a result, you could be denied benefits, because it is assumed that you have more money in the bank than is allowed. Where there is a significant amount of money involved, it is always best to consult an attorney before setting up a joint bank account. For more information, see " Transfers of Property and Estate Planning". Power of Attorney A durable power of attorney is a document by which one person ("principal") gives legal authority to another ("agent") or ("attorney in fact") to act on his/her behalf. A power of attorney is a simple method to appoint someone that you want to manage any part or all of your affairs. A power of attorney can be very broad or it can be very limited. A limited power of attorney could grant permission to another person to perform only certain acts, such as the authority to sign a deed transferring a specific piece of real property to someone. A broad power of attorney could enable the person to handle a broad range of financial and personal affairs. A power of attorney can only be created when you have the mental ability to know what the creation of the document means and that you are acting at your own free will. It is advisable that you seek a durable power of attorney rather than a regular power of attorney. A regular power of attorney is usually valid while you have the mental capacity to inform your agent of your desires and to oversee his/her actions. It becomes useless when you lose that ability and become incapacitated. A durable power of attorney, on the other hand, survives incapacity. A durable power of attorney indicates in the document that the power of attorney will remain in effect despite the incompetence or incapacity of the principal. A durable power of attorney is more useful than a regular power of attorney, since the agent can continue to take care of your affairs after you can no longer do so yourself. That is exactly when you need an agent to act in your behalf--that is when you would need him or her the most. A power of attorney can be effective as of the date of execution (the date it is signed by the principal), or it can spring into effect at a future point in time. Most powers of attorney spring into effect at a time when you have determined that it should. This means that you could appoint someone today to be your agent but his/her ability to act in your stead would only occur when a certain event has taken place. The most common springing durable power of attorney is that the one which would kick-in at such time as you became incompetent or incapacitated. In those situations, language is usually included that a physician would be required to provide a letter and attach it to the durable power of attorney attesting to the incompetence or incapacity of that individual. Remember, you can only create a power of attorney when you are of sound mind or in a lucid interval. No one else can create a power of attorney for you or sign a power of attorney for you. Thus, if you have never had an opportunity to draft a durable power of attorney and you then become incompetent or incapacitated and unable to manage your finances and affairs, this option is unavailable and other courses of action may be necessary, such as guardian and/or conservatorship. When creating a durable power of attorney it is important to remember that you want to appoint someone who is extremely trustworthy and someone who is willing and able to take on the responsibility of managing your affairs. In Idaho, a durable power of attorney may not necessarily need to be signed in front of a notary public when executed by the principal. A power of attorney does not need to be recorded unless it is being used in connection with a real estate transaction. If using the power of attorney in connection with a real estate transaction, the power of attorney would need to be notarized. Therefore, it is always best to sign a power of attorney in front of a notary. As you can see, there are great advantages to a durable power of attorney. By carefully drafting a legal document that fits your needs when you are of sound mind, you can be assured that you affairs will be taken care of, that bills will be paid and that your general lifestyle will not be affected too much by your inability to manage your own affairs. On the other hand, there is always the possibility of being harmed by an untrustworthy agent. There is no mechanism in Idaho which provides for a formal oversight of the agent. Therefore, if there is no one you fully trust to act as your agent, don't use this important tool. On a side note, it is a good idea to put a gifting clause in your durable power of attorney for the purposes of Medicaid and spousal impoverishment. This is discussed further in the Chapter on Medicaid. Another clause that would be helpful to have in a power of attorney is that the power of attorney shall not be affected by lapse of time. Important points about Power of Attorney The person who gives a power of attorney to another person is called the principal. The person appointed and authorized to use the power of attorney is called the attorney-in-fact. It is best to sign a durable power of attorney before a notary. Unless it is notarized it cannot be recorded, and unless it is recorded it cannot be used to deal with real property. (See " Transfers of Property") The principal, by giving a power of attorney to the attorney-in-fact, does not give up the right to continue transacting his or her own affairs. After it is signed, the original of the power of attorney should be given to the attorney-in-fact. The attorney-in-fact may then give copies of it to other parties, but should always retain the original. The principal should also keep a copy. The attorney-in-fact may use the power of attorney only for the benefit of the principal; the attorney-in-fact may not use the power of attorney for his or her own benefit. Whenever signing a document for the principal, the attorney-in-fact should sign as follows: "[name of principal] by [name of attorney-in-fact] as attorney-in-fact for [name of principal]." For example, if Mary Smith has given a power of attorney to her husband, John, then John should sign documents when using the power of attorney as follows: "Mary Smith by John Smith as attorney-in-fact for Mary Smith." A power of attorney may be revoked by the principal at any time by giving written notice to the attorney-in-fact. If the power of attorney is recorded, then the revocation must be recorded. If a power of attorney is a durable power of attorney it will remain in effect, unless it explicitly states an earlier expiration, until the principal revokes it or the principal dies. A durable power of attorney contains the following or similar language: "This power of attorney shall not be affected by subsequent disability or incapacity of the principal." If it is not a durable power of attorney it will remain in effect, unless it explicitly states an earlier expiration, until the principal revokes it or the principal dies or the principal becomes mentally disabled or incompetent. A power of attorney need not be recorded at the county recorder's office unless it is being used in connection with a real estate transaction. The attorney-in-fact is NOT financially responsible for the principal's debts. A power of attorney ceases to be effective once the principal passes away. Durable Power Of Attorney For Health Care This document is similar to a durable power of attorney, but it is directed exclusively to health care decisions and health care concerns. The power is effective only when the principal is unable to communicate rationally. Once again, the principal must be of sound mind or must at a time of lucid interval, execute this document for himself. He can do so in front of a notary public and/or two witnesses. By way of this document, the principal would appoint someone he trusted to make any and all health care decisions and to spell out some guidelines for those decisions. If the document is witnessed: the witness cannot be the person you designate as your agent or alternate agent a healthcare provider an employee of a healthcare provider the operator of a community care facility the employee of an operator of a community facility One of the greatest advantages of a durable power of attorney for healthcare is not only that your health care wishes can be carried out to the fullest extent, but it helps to relieve the potential stress of the conflict of decision making for family, friends, and loved ones. It is important that when you choose your agent, you choose someone who is willing and able to carry out your wishes. In addition, make sure he knows your wishes, values, and preferences. It is best to put these in writing. Once executed, a copy of this document should be provided to your health care providers and should become part of your medical record. A durable power of attorney for health care is usually done at the same time as a Living Will in order to implement the desires expressed therein. You can revoke your durable power of attorney for health care and/or execute another durable power of attorney for health care at any time as long as you are competent to do so. Living Will In Idaho, there is one health care decision which the law requires that you put in writing and that you do it at a time when you are of sound mind. This document is a living will. This document is made regarding your wishes of the use of life-prolonging medical care in the instance that you have an incurable injury, disease, illness, or condition certified by two medical doctors, where the application of artificial life-support will only prolong your life as death is imminent, or you have been diagnosed as being in a persistent vegetative state. A living will must provide the directions and choices a person wishes. Basically, an individual can choose to have: all medical treatment provided to him or her including all artificial life-support procedures deemed necessary no artificial life-support provided, but that food and water be provided do nothing and let nature take its course In all three options, you must be kept comfortable and free from pain. The important things you want to think about prior to completing your living will is whether or not you want artificial life support, and if not, whether or not you want food and water provided to you at that time. Representative Payee Some government programs allow benefits payable to one person to be paid to another person called a representative payee. Social Security, Railroad Retirement, and the Veterans Administration programs all use representative payees. The benefits are to be used for the person entitled to the money only. A representative payee can be appointed to you if you are unable to manage the benefits you receive. You or someone on your behalf must apply to the agency paying the benefits. A power of attorney will not work to endorse or cash federal checks. It is not necessary to be legally incapacitated or incompetent to qualify for a representative payee. If you do not want a representative payee or wish to have another person serve as payee, you can ask the agency to change its decision. The agency must review their decision to see whether or not you need a payee. It is important to know that you have the right to challenge an agency's decision to appoint a payee. A representative payee must account for the funds used and saved. They are required to report this on a regular basis to the agency involved, usually on a yearly basis. If the representative payee purposely misuses the funds, he/she may be prosecuted. To get more information about representative payees, you should contact the paying agency directly. Conservatorship A conservatorship is the legal proceeding that gives a person (the conservator) power over the finances and estate of the incapacitated or incapable person (the protected person). A conservatorship is established when an individual or agency petitions the Court to have someone appointed to be conservator for the alleged incapacitated person. You can designate the person that you would want to be your conservator in the event that it become necessary by stating that in a durable power of attorney. If you do state a person, the Court can decide on a person that has priority and appointment him/her. Idaho requires that a petition be served on the protected person at least fourteen (14) days prior to a hearing. A court visitor may be appointed by the Court as well as a doctor who would both submit reports regarding the protected person's physical and/or mental abilities as well as a recommendation as to whether or not a conservatorship may be necessary. If the protected person does not have counsel of his or her own, the Court may appoint an attorney to represent him who has the powers and duties of a guardian ad litem. The Court will appoint a conservator if it finds that the protected person is unable to manage his property and affairs effectively and that the person has property which will be wasted or dissipated unless proper arrangement is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by him and that protection is necessary or desirable to obtain or provide funds. Once a conservator is appointed, the Courts in Idaho require that the conservator file an inventory of the protected person within ninety (90) days of the court appointment. The Court then requires that the conservator file a yearly accounting with the Court. In that accounting, the conservator must tell the Court how he/she has managed the finances and estate of the protected person over the past year. An Inventory of Estate of Protected Person form and an Annual Account of Ward's Estate form are located at the end of this chapter. The advantages of a conservatorship are that they are required to report to the Court. In addition, the Court can impose a fine not to exceed $5,000 if the Court finds that the conservator or guardian makes a substantial misstatement on the required annual reports or is guilty of gross impropriety in handling the property of the ward, or willfully fails to file the report within two (2) months after having received notice to do so. The disadvantage of a conservatorship is that it can be expensive and it requires a certain amount of time to get put in place. In most cases, having in place the three advance directives (durable power of attorney, durable power of attorney for health care, and living will) can prevent the need for a conservatorship. This is not always the case and there are always exceptions where a conservatorship and/or guardianship may be necessary even though someone does have their advance directives in place. A conservatorship can be terminated if the protected person is no longer incapacitated or incapable of making financial decisions. A petition would need to be filed with the Court to terminate the conservatorship. Likewise, the conservator can petition the Court to have a particular conservator removed and someone else substituted in as conservator. Idaho allows for a protective arrangement and single transactions without acquiring the appointment of a conservator. In such an action the Court may authorize or direct any transaction necessary or desirable to achieve any security, services, or care arrangements meeting the foreseeable needs of the protected person. Common examples include the establishment of a trust and transactions involving real property. Guardianship A guardianship is the legal proceeding that gives a person (the guardian) the power over all of the personal decision-making of the incapacitated person (the ward). A guardian is appointed by the Court when the ward becomes incapacitated or is in danger of serious physical injury or illness and is unable to make decisions. A person interested in the welfare of another person may petition the Court to become their guardian. The Court requires that a visitor be appointed to interview the proposed ward, the petitioner, and the person who is nominated to serve as guardian. The court visitor is to visit the abode of the ward and the place where it is proposed he might soon be residing. The Court will also appoint a physician to examine the proposed ward. Both are to provide reports to the attorneys of record and the Court with any written recommendations. The Idaho Code create a list of priorities that will give guardianship to the person who has the highest priority. However, the Court will look to a ward's preference if the Court feels that it is in their best interests and they are capable of making such a preference. Remember, a preference can be stated in a durable power of attorney. The visitor will inquire of any preference. It is required that the ward receive notice of the petition and proceeding at least fourteen (14) days prior to a hearing. In addition, the Court will appoint an attorney to represent the alleged incapacitated person/ward. Once again, a ward can object on the basis that he feels that he does not need a guardian and/or that he wishes for someone else to be the guardian. The ward is entitled to be present at the hearing, to have legal counsel, to submit evidence and testimony, and to examine the court-appointed visitor and physician and all other witnesses. After a hearing, the Court can appoint an individual as guardian upon a finding that the ward is unable to make or communicate responsible decisions concerning his person and is otherwise incapacitated. At such time, the Court would also issue Letters of Guardianship, which is a Court paper showing the authority of the person named as guardian. The main role of a guardian is making personal decisions for the ward. If the ward is unable to communicate, a guardian should try to make his/her decision based on what is in the ward's best interest, or on what decisions the ward would have made were (s)he able to do so. It is important that a guardian allow the ward to participate in the decision making process as much as possible and to the extent of his capabilities. The Idaho Legislature and the Courts in Idaho hold that the least restrictive alternatives should be sought. Therefore, if a limited guardianship is all that is needed, that is all that should be sought and that is all that the Court should appoint. For example, a person may only need assistance in making medical decisions. The guardianship could be limited for those areas only. In Idaho, an emergency guardianship can be sought ex-parte. There must be an urgent situation which exists that will likely result in substantial harm to the allegedly incapacitated person's health, safety, or welfare and no other person appears to have authority to act. The petition should be supported by a doctor's letter or other evidence indicating the urgency. The emergency guardianship must be limited to only those powers absolutely necessary, or the least restrictive to the proposed ward, for his or her immediate health and safety and until a full hearing can be held. An appointment of temporary guardianship expires after sixty (60) days. When a person needs help with all decision making, both of a personal nature and a financial nature, a petition for guardian and conservator can be sought at the same time. Just as with the conservatorship, guardianships can be terminated upon petition to the Court and a finding that the ward is no longer incapacitated or unable to make their own decisions regarding their personal affairs. Likewise, a petition can be made to remove a particular guardian and substitute that guardian with another person. It should be noted that although not specifically set out in statute, the Courts will allow a successor guardian to be named in a petition. This is most commonly used when an elderly spouse petitions the Court to be guardian and/or conservator of their spouse. Because of advanced age themselves, they may request at the same time that the Court name a successor guardian in the event that they themselves should no longer be able to carry out the duties and responsibilities of guardian and/or conservator, become unwilling to do so, or predecease the ward/protected person. For more information see, "The Guardianship and Conservatorship Handbook" prepared by the Tax Probate and Trust Law Section of the Idaho State Bar, or a pamphlet entitled, "Serving as Guardian and Conservator" prepared by the Idaho Office on Aging in cooperation with the Idaho Department of Law Enforcement.

Probate is the procedure for transferring title of a deceased person's property to the proper survivors. If the person did not have a will, the laws of intestate succession set out who will inherit. If there is a valid will, the estate still must be probated, but it is distributed according to the will. Probate also arranges for payment of all debts and taxes. 

Spanish Translation: La Convalidación es el proceso para transferir el título de la propiedad de una persona difunta a los sobrevivientes apropiados. Si la persona no tiene un testamento, las leyes de sucesión intestado dictan quien heredará. Si hay un testamento válido, la sucesión aún tiene que ser autenticada, pero es distribuida según el testamento. La convalidación hace arreglos para el pago de todas las deudas e impuestos.

For more information on common financial scams and how to report them to the appropriate agencies or officials, please review our Common Financial Scams Flyer or Brochure below.

 For other information regarding common digital scams, please visit: https://www.seniorlifestyle.com/resources/blog/protect-your-parents-from-common-digital-traps/.

This brochure was created by Idaho Legal Aid Services and provides general legal advice to seniors regarding Power of Attorneys, Living Wills, Wills, etc. 

We have also created a guided informational program relating to End of Life Planning in Idaho. These guides are available in English and Spanish and can be accessed via the links below.

End of Life Planning Module - English

End of Life Planning Module - Spanish

Seniors and their family, neighbors, friends and caregivers will find this Guide helpful. The Guide gives general information about legal issues that seniors frequently encounter and offers practical options for each situation. It will also give direction on where to look and who to call for more detailed information. 

No guidebook can cover every single legal issue or give advice on your unique situation. However, we hope that this Guide will give you a better understanding of what to expect, what questions to ask, and what you can do next. 

This Guide is not copyrighted and any of its pages may be copied for anyone who wants or needs it. We encourage you to view and download a copy by visting this link. You may need to talk to a lawyer about your unique situation. This Guide gives general information on legal issues. It is not a substitute for an opinion from an attorney or legal advice about your particular case. It also does not create an attorney-client relationship with Idaho Legal Aid Services or anybody else.

What is “elder abuse?” Elder Abuse has many forms. It can mean any mistreatment of a senior. Examples include confinement, neglect, abandonment, bodily injury, unwanted sexual contact, verbal intimidation and threats, and financial exploitation. 

Myth: “We don't have that problem in our community.” 
Fact: Abuse is often not seen or recognized. Some people believe that elder abuse is not a problem in their community. Unfortunately, every community, no matter the size, nationality, income, or religion, has its share of invisible seniors suffering from abuse, neglect or exploitation. 

Myth: “It's just part of growing old.” 
Fact: Abuse is preventable. It should not be tolerated by anyone. Every senior deserves respect, and no one should tolerate abuse. No senior should be physically harmed, deprived of food or medicine, sexually harassed, unreasonably coerced to live where they don’t want to, or have their money or property misused or stolen. 

Elder Abuse May Look Like: 

- Emotional and verbal abuse 
- Physical abuse or restraint
- Neglect
- Financial exploitation 
- Not letting other friends or family members see the elder
- Abusers may be: family members, caregivers, trusted friends 

Civil remedies. If you are the victim of abuse, neglect, or financial exploitation, one remedy you have is the ability to revoke a power of attorney document if the person named in that document is not acting in your interest. You also have the option of bringing a civil lawsuit against an abusive party. A civil lawsuit is a non-criminal case that seeks money to compensate for physical or financial harms. For example, if an adult child took money from a senior’s bank account without her permission, a civil lawsuit could be filed to try and get the money returned. If you are interested in pursuing a civil lawsuit, you may want to talk with an attorney about your case. Another option available to victims of physical or sexual abuse is the Civil Protection Order (CPO), which orders an abusive family member or household member to stay away from you. To get a CPO, you apply at the local courthouse and give a sworn statement.

Criminal remedies. Criminal remedies are focused on punishing a person who has violated the law. Several Idaho laws protect seniors from fraud, theft, physical abuse, neglect, and unwanted sexual contact. If you suspect that you are a victim of a crime, you can call the police and they will investigate. Filing criminal charges can be helpful in ensuring your safety by getting an abuser behind bars and because you can request a No Contact Order in some criminal cases. 

What to know: 

- You shouldn’t have to live in fear or violence. 
- You don’t deserve abuse. It’s not your fault if someone is abusing you. 
- You can make decisions for yourself. 
- People should have your permission to make decisions for you. 
- You can find help. 
- Many people have experienced what you are going through. 

Know who to call: If you or someone else is in danger, call 911. If you are suffering from ongoing abuse or neglect, call Adult Protection Services. Adult Protection Investigates allegations of abuse, neglect, self-neglect, and exploitation of vulnerable adults. Adult Protection can work with the police, Health and Welfare, nursing homes, banks and lawyers to investigate and address cases of abuse and neglect. If you, a neighbor, friend, or family member is suffering abuse or neglect at the hands of an another person, call Adult Protection Services. You can learn more about Adult Protection on the Idaho Commission on Aging’s website: www.aging.idaho.gov. 

Idaho Commission on Aging: The Idaho Commission on Aging (ICOA) helps provide Idaho’s seniors with basic necessities like transportation, nutrition, in-home services, and respite care. ICOA helps seniors remain independent and avoid going into an institution. 

Visit the Aging and Disability Resource Center at www.aging.idaho.gov to find helpful information for people planning long term care, to get help applying for government benefits, and to get answers to many of seniors’ most common questions about their rights and options. You can also contact the ADRC by calling 1-800-926-2588.

The Consumer Finance Protection Bureau has created a Guide to Managing Another Person's Finances that may be useful to those who have a Financial Power of Attorney for another or act as a guardian or conservator for another person. 

The AARP has also created Tips for Managing Someone Else's Money that you may find helpful.

This brochure was created by Idaho Legal Aid Services and provides information on available resources for caregivers - both legal and non-legal.

We currently offer the following forms: Case Information Sheet for Guardianships and Conservatorships; Guardian's Annual Report for an Adult; Guardian's Proposed Care Plan for an Adult; Complaint Regarding a Guardian or Conservator; Conservator's Accounting Form; Conservator's Accounting for Small Estates (under $50,000); and Conservator's Inventory and Financial Plan. These forms can be accessed through the links provided below or directly via the Court Assistance Office website. 

If you are seeking additional forms related to Conservatorships or Guardianships, please visit this website. Be sure to carefully review all instructions before completing and submitting any forms to the courthouse. Please note that there are no publicly available forms to establish or terminate an adult guardianship or conservatorship - these processes require assistance from an attorney.

This brochure provides information on different ways to manage decision-making as we age.

This brochure was created by the Idaho Court Assistance Office and provides information on common questions and answers related to guardianships and conservatorships, and is designed to help you understand what a legal guardianship or conservatorship is, how it is obtained, and describes the responsibilities of a guardian and/or conservator.

This guide by the Self-Advocacy Speaker's Network details how supported decision making may be an alternative to a guardianship for a disabled adult.

The attached form is for individuals seeking a Power of Attorney delegating parental powers over a child to a relative or a non-relative. The information you will need to complete the Parental Power of Attorney Form includes:

- Your current full legal name.
- The full legal name(s) of the child(ren).
- The child(ren)'s date of birth.
- The full legal name of the relative you are delegating parental powers to.
The physical address of the relative you are delegating parental powers to.

Please use the attached template to create a Living Will and Durable Power of Attorney for Health Care.

Use the attached template to create a power of attorney to delegate your financial decisions to another if you become unable to manage your own financial decisions.

Use this template to create a form that will revoke a power of attorney you currently have in place but want to cancel.

Use this template to create a letter asking your agent (the person you gave your power of attorney to) to make an accounting of their actions on your behalf.

We plan for many important events in life. We plan for retirement, a wedding, vacations, and for a child’s education. Sadly, the health choices that are made at the end of life are seldom planned and many times they are made for us. Decisions are put off and desires are not expressed because it is difficult to contemplate or discuss death. There are many things to plan for at the end of life. Transfer of property and the well being of a spouse or child are all issues to be considered and planned for. However, the topic discussed here involves end of life health care issues, the importance of living wills, and advance directives. The principle way to ensure that your desires are fulfilled if you are no longer able to communicate your wishes is through a Living Will.