Elder Law | Virginia Lawyers Weekly

Elder Law: A special supplement

Virginia Lawyers Weekly is pleased to present “Elder Law,” a special supplement to the May 21, 2011 paper. This 12-page B-Section is sponsored by the Virginia Academy of Elder Law Attorneys (VAELA).
Here is the list of stories from this special Elder Law edition:
Understanding clients’ issues: How to be a good elder law attorney 101
Planning for [...]

The advantages of Qualified Settlement Funds

By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law

You have been diligently preparing for an important upcoming trial. The trial date has been set; you are deep in trial preparation. You are in the middle of heated negotiations with the defense. Suddenly, the defense makes a settlement offer that pleases your client. The offer, however, is conditioned upon wrapping-up the defendant’s involvement in [...]

A uniform guardianship law celebrates its birthday

By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law

Let’s just admit it. It’s a mouthful, and none of us can say it three times fast – the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Virginia Code § 37.2-1031 et seq).
Effective on July 1, 2011, we’re now coming up on the one-year anniversary of its enactment. And like the baby named Frederick [...]

Basic estate and long-term planning a must for LGBT seniors

By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law, Wills & Trusts

Virginia does not recognize same-sex marriages or domestic partnerships, and also does not recognize the validity of same-sex marriages or domestic partnerships entered into in other states. As a result, the lesbian, gay, bisexual, and transgender (LGBT) population of Virginia has a critical need for estate and long-term care planning.
Without the proper planning, as health [...]

Revocable living trusts …plan for an incapacity of wealthy clients

By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law, Wills & Trusts

You have reviewed your new client’s intake questionnaire. She is an 80-year-old widow with three children, two grandchildren and two great grandchildren. Her net worth, including her mortgage-free home, is about $3.5 million. She has a good government pension as well as income benefits from her late husband. She is delightful. Witty. Irreverent.
Her two daughters [...]

Planning for a veteran’s aid and attendance benefits

By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law, Veterans

Attorneys who work with elderly clients, clients with disabilities, or veterans should be aware of the Veterans Administration’s Aid and Attendance Benefit.
A&A is a pension program, available to certain veterans, and widowed spouses of veterans who need long term care services at home, in assisted living, or in a nursing home. A&A is a non-service [...]

Understanding clients’ issues: How to be a good elder law attorney 101

By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Elder Law, Practice Tips

As a professional who serves senior citizens, it is important to stay on top of emerging laws and legislation. It truly is in your best interest if your clients view you as an expert when it comes to their most sensitive interests, even if you don’t offer those services. In a world where connections matter, [...]

When you notice your client has diminished capacity

By Virginia Lawyers Weekly
Published: May 17, 2012
Tags: Elder Law

At some point in your practice you may be confronted by the diminished capacity of a client. With the American population aging, the number of individuals with diminished capacity is increasing. An attorney may be faced with a client in crisis because of diminished capacity and possibly challenged by one of the following scenarios:
Scenario 1
You [...]

Support issues for Baby Boomers:?A primer

By Virginia Lawyers Weekly
Published: February 21, 2012
Tags: Elder Law

It is a common misconception that just because you retire you will get a reduction in your spousal support obligation – that may not be the case, so beware. The terms of the obligation, when you retire, and the way you retire may significantly affect your ability to get a reduction.
Does this mean the court [...]

Are irrevocable trusts really irrevocable?

By Virginia Lawyers Weekly
Published: February 21, 2012
Tags: Elder Law

When children or grandchildren are the beneficiaries of irrevocable trusts that were set up for them long ago by their parents or grandparents but the terms are not working very well for them, is it possible to have the trusts terminated or at least modified, and would the court have the power to allow the [...]

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