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Tag Archives: Elder Law

Judge rejects arbitration in nursing home death case (access required)

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A state law governing landlord-tenant relations blocked enforcement of a nursing home arbitration clause under a judge’s ruling in a Richmond wrongful death case. That ruling by Richmond Circuit Judge Margaret P. Spencer will stand for the time being, now ...

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Elder mediation promotes relationships, dignity and choice (access required)

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What is elder mediation? It is a voluntary process to resolve conflicts regarding the needs of those who are elderly or with special needs and their families. Elder mediators typically use what is called “facilitative mediation,” wherein a neutral facilitator ...

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Focus on Elder Law

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Virginia Lawyers Weekly is pleased to present “Elder Law,” a special supplement to the Feb. 24, 2014 paper. This 12-page B-Section is sponsored by the Virginia Academy of Elder Law Attorneys (VAELA). Articles from the 2014 Elder Law section present ...

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Promissory notes and Medicaid planning: A primer

Here is a short primer on promissory notes and their use in elder law practice. What is a Medicaid-compliant promissory note? A loan is a transfer of a resource from a lender to a borrower, in exchange for the borrower’s ...

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The ugly truth about financial elder abuse

On March 2, 2011, a 90-year-old Mickey Rooney testified before the U.S. Senate Special Committee on Aging about his experience as the victim of financial elder abuse. After suffering for years, Rooney sued his stepson whom he accused of intimidating ...

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Contested guardianships becoming more common

You’ve filed a petition to have your client appointed as guardian and conservator for his 87-year-old mother, who he has been “looking after” for the last few years. A few days later, you receive an answer in the mail, filed ...

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A primer on Special Needs Trusts and their use

Special needs trusts (SNT) may be created when a beneficiary is unable to manage funds due to a mental or physical incapacity, and/or where a beneficiary requires or may require government benefits, the qualification of which may be threatened by ...

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Communication with Third Parties in an Elder Law Practice

It is very common for elderly clients to enlist a family member, friend or caregiver to assist them in making and attending appointments with their attorney. Third parties can facilitate communication and logistics and often want to help the client ...

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