Beyond Legislation

By Renee Maher, COMPAS Executive Director

Now that the legislative session is well behind us, I want to talk about a very different and oftentimes very difficult topic. I know for many of you, talking politics and legislation is difficult enough but please indulge me on a topic that is near and dear to my heart. Today, I would like to talk to you about the importance of getting your life and your affairs in order now – just in case.

I know from first-hand experience that many law enforcement officers don’t want to deal with the uncomfortable side of the job. It is the sense of being invincible, of purposely not thinking about worst case scenarios that allows so many of you to continue being the heroes that you are. Yet all of you – and your families - live with the possibility that you may be called to make the ultimate sacrifice for your community. As someone who has received the dreaded knock on the door, there is one point that I cannot emphasize enough. The best gift that you can give your family is to make sure your legal matters are in order NOW. 

Trust me, I know. I am the poster child for someone who should have known better. As a licensed attorney in Hawaii, I thought that just because Patrick and I owned our house together, that meant the surviving spouse automatically owned the house upon the death of the other. Nope, not in Washington state. In Washington, married couples need a community property agreement. If you don’t have one, your surviving spouse will be forced to go through probate if you own a home together. It doesn’t matter how long you’ve been married. It doesn’t matter that you own everything together and not separately. Again trust me on this because I had to go through it. And I’ve watched almost every other surviving spouse I know go through it as well.

Having your affairs in order, whether you create a will, a trust, or other estate plan, is the single most important gift you can leave for your family. While we want to believe that even if we were to suddenly die, that everything will work itself out, it doesn’t. There is no worse time to have to answer important questions that affect the rest of your life than when you have just been told that your spouse is suddenly – and often tragically - gone. The emotions and the grief are overwhelming. There are no words to describe what a recently widowed spouse goes through. Now add in financial uncertainty, family squabbles, and questions about your loved one’s final desires for their personal items and burial arrangements. If you have a large family or children from a previous marriage, there are even more questions to deal with. 

This isn’t just an issue affecting married heterosexual couples. Gay and lesbian couples, especially in light of our domestic partnership law, should plan ahead as well. Some line of duty benefits require that proper paperwork be in place at the time of death in order for partners to receive benefits. Here’s an example. The federal government provides a lump sum benefit for families of officers killed in the line of duty known as the Public Safety Officers’ Benefits Program. The benefit goes to the surviving spouse and to the children of the officer. Recently, however, the federal government issued an order saying it would recognize a domestic partner as a surviving spouse if there was proper documentation with the officer’s employer at the time of death. Having the proper paperwork in place literally can mean the difference between your partner receiving very precious benefits or getting nothing at all.  

Why am I telling you this? Because more than just your representation in Olympia, everyone actively involved in COMPAS is a tremendous resource to you. Yes, COMPAS represents your interests in Olympia during the legislative session. But when the session ends, we don’t all just go home and wait until the next session rolls around. Beyond our work in Olympia, did you know that many of the people actively involved in COMPAS have knowledge, training and experience that go beyond current legislation? 

Besides being a surviving spouse myself, I am also a licensed attorney both in Hawaii and Washington. I can’t represent you as your attorney but I can point you in the right direction. Since the recent death of Federal Way Officer Brian Walsh, I have received at least a dozen inquiries from our members about getting their affairs in order. I am more than happy to get you connected to someone who can help you. A few months ago, I found out that the Washington State Bar Association was offering free wills to our first responders. We sent that information out to our members and I later learned that the bar association completely booked up their appointments. They have another clinic coming up and I promised the WSBA that I would spread the word about their services. 

You also have a wealth of knowledge in Sarah Scott. Many of you already know Sarah because she is one of the people who run the SPOG office. But she also is part of the COMPAS team. She can help you understand line of duty death benefits, disability benefits, and most human resource issues you’ll ever come across. 

Sgt. Ty Elster, SPOG President Sgt. Rich O’Neill, and newly appointed COMPAS Board member Ron Smith are all excellent resources. Each one of these gentlemen put in countless hours during the recent legislative session and I guarantee that all three of them will gladly listen to your concerns, comments and questions about legislation or other areas where COMPAS can serve you.

Sometimes COMPAS will be able to pursue legislation when current law doesn’t adequately address issues affecting our members. With your help during this past legislative session, COMPAS was able to accomplish some amazing goals for our surviving families and our catastrophically disabled officers like retired Seattle officer Jason Mckissack. But legislation will never be a substitute for all of us taking personal responsibility for the well-being of our own families. COMPAS is here to answer your questions, to be a resource. But none of us will ever be able to provide the security and peace of mind that only you can give your loved ones by being prepared and getting your affairs in order NOW.