Idaho Law Blog

Impaired Driving Public Awareness Campaign Launches on March 10th

Published on: March 8, 2017 | by Racine Olson

Fat Tuesday The NHTSA (National Highway Traffic Safety Administration) reports that each year almost 10,000 people die on our nation’s roadways as a result of impaired driving. The number of lives lost is the equivalent of 20 jumbo jets crashing. Between the hours of midnight and 3 a.m., a life is taken every 23 minutes as a result of a drunken driving crash.

The Idaho Department of Transportation, Office of Highway Safety will launch its annual safety campaign “Mobilization – Impaired Driving” on March 10 and will continue the push to raise public awareness through March 20^th. Impaired driving crashes are those where the investigating officer has indicated that alcohol and/or drug impairment was listed as a contributing factor in the crash. Idaho had 96 fatalities in 2013 as a result of impaired driving which represents 45% of all fatalities. The cost to Idahoans of crashes caused by driving while under the influence was approximately $750 million in 2013.

Alcohol impairs your ability to drive and it also impairs your judgment about whether or not you can or should be driving. All too often, people think they are okay to get behind the wheel because they are not falling down drunk. Crash studies indicate that driving while slightly impaired or with a bit of a “buzz” will cause a person to be a danger to others.

Estate Planning and How to Deal with Changes in Your Life

Published on: March 7, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

The saying that the only constant in life is change, is as applicable to estate-planning as it is to any other aspect of your life. There is no doubt that as time goes on change will occur in your life. But, change doesn’t have to unsettle your estate planning. with a solid estate plan any of the changes that occur can be anticipated and can be planned for. Here are 4 tips for how you can prepare your Estate Planning to deal with the changes in your life.

1. PLAN FOR EXPECTED CHANGES

3 Tips on Estate Planning Conversations to Have with Your Children

Published on: March 6, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Estate planning is a very personal thing to accomplish for an individual or couple. Haven’t been an attorney practicing estate planning for over 17 years I’ve come to realize that talking about Estate Planning and getting it accomplished are difficult things for many people. Once an estate plan is completed, many people are hesitant to talk to others about their estate planning. Understandable that people would want to keep their lives private, however, here are 3 tips on the estate planning conversations that you could and probably should have with your children.

1. YOUR ESTATE PLAN IS YOUR PROPERTY

COUNTABLE RESOURCES FOR IDAHO MEDICAID

Published on: March 6, 2017 | by Racine Olson

Idaho’s Medicaid program provides benefits for those in need of long-term care. Elderly and disabled individuals will not be immediately eligible for Idaho Medicaid’s long-term care benefits unless the value of their “Countable Resources” is $2,000 or less. Individuals seeking eligibility for Idaho Medicaid’s long-term care benefits must provide complete transparency to the Idaho Department of Health and Welfare – which does an excellent job of administering Idaho’s Medicaid program. Applicants must provide comprehensive financial documentation to the Department to allow the Department to make a determination regarding the applicant’s eligibility for long-term care benefits.

The term “Countable Resources” is defined by numerous federal and state statutes and regulations. Generally speaking, countable resources are all assets an individual or spouse may liquidate to obtain cash. Most often an applicant’s countable resources include cash, certificates of deposit, stocks, mutual funds, land, and other personal property. At this point you might be asking the obvious question: what assets are not considered countable resources?

An applicant’s residence is not considered a countable resource in most circumstances. Additionally, an applicant may keep up to $2,000 in cash as well as a few personal belongings. An applicant’s spouse might be able to keep substantially more than the applicant. Please seek guidance from a competent Idaho Medicaid planning attorney to learn more.

3 Things to Know About a Living Will – Part 2

Published on: March 5, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

It’s not uncommon that I will have an estate planning client in my office asking me questions about estate planning. When this occurs almost always the question comes up about what the differences are between a living will and a last will and testament. I’ve come to find that most people really don’t understand what a living will is, or what it can’t do for them. Here are three things you should know about a living will as part of your estate planning.

1. WHAT DOES A LIVING WILL DO

3 Things to Know About Estate Planning Regardless of Your Age

Published on: March 4, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Estate planning is one of those things that most people really don’t want to think about. Unless you are an estate planning lawyer, or work with 1, it’s unlikely that you will know much about estate planning, or how it can help you. Has an attorney practicing estate planning for over 17 years, I’ve seen a variety of people and the estate planning that they complete. Here 3 things every adult should know about estate planning regardless of their age.

1. YOU HAVE AN ESTATE THAT NEEDS TO BE PLANNED

Commercial Vehicle Crashes Occur Near Twin Falls & Bliss

Published on: March 4, 2017 | by Racine Olson

On Tuesday, February 21, 2017, gusty winds up to 27 miles per hour caused the crash of a commercial vehicle hauling a mobile home on U.S. Highway 93 near Twin Falls. The trailer with the mobile home dislodged from the Volvo commercial truck as the driver came around a curve near milepost 43. The trailer dumped the mobile home which tipped over and skidded across the two northbound lanes of the highway. The truck driver was wearing a seat belt and was not injured in the crash.

ISP closed the two northbound lanes as wrecking crews worked to the clear the scene. The highway remained closed for approximately four hours to protect other motorists from the crash area.

Then on Thursday, February 23, 2017, at approximately 5 am, ISP investigated another commercial vehicle crash involving two vehicles on I-84 close to Bliss at milepost 142. A 2009 Freightliner hauling a box trailer was driving eastbound while another commercial truck heading in the same direction jackknifed in the lane of travel causing the two vehicles to collide. Both drivers were wearing seatbelts. The crash caused the lanes of travel on I-84 to be blocked for approximately three hours resulting in significant delays.

3 Tips About Estate Planning and Alzheimer’s Disease

Published on: March 3, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

With all of the advances in medicine, many of us are living far longer than we ever did before. With this longer life, however, there is an ever-growing number of elderly individuals who have Alzheimer’s disease, or some other form of dementia. I often have clients ask me about the estate planning steps they can take to prepare for this possibility, and to protect themselves, their property, and their loved ones if this were to happen. Here are three tips about estate planning and Alzheimer’s disease that every person should think about.

1. CAPACITY IS A LIMITING FACTOR

4 Tips for Estate Planning for a Childless Couple

Published on: March 2, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

After practicing estate planning for over 17 years one thing has become clear: there are no two people, nor are there any two couples who are alike. The good news is that estate-planning can take into consideration all the differences and unique circumstances of each person and couple and can create a customized estate plan for them. There is no place where this is more true than when you have a couple who have no children. 　Here are 4 tips for estate planning for a childless couple.

1. POWER OF ATTORNEY FOR FINANCES

Employers Should Take Care Before Relying on an Exception to FLSA Overtime Requirements

Published on: March 1, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Under the Fair Labor Standards Act, employers are generally required to pay employees overtime pay, which is one-and-a-half times the regular pay. Overtime pay kicks in after an employee works 40 hours in any given week. There are several common exemptions to the overtime pay requirement, which apply to commissioned sales employees; computer professionals; drivers, driver’s helpers, loaders, and mechanics; farmworkers; salesmen, partsmen, and mechanics; employees at seasonal and recreational establishments; and executive, administrative, professional and outside sales employees.

These and all other exemptions are narrowly construed against employers asserting them, and employers have the ultimate burden of proving an exemption applies. As a result, any employer seeking to avoid paying overtime should take great care to check the exact terms and conditions of the exemption relied upon.