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Tag Archives: Elder Law

“Taking the keys from Mom?” How to help older drivers stay safe

Last September, a 100-year-old driver in Los Angeles backed his Cadillac into a group of elementary school children, injuring 11 people. The incident renewed the debate over when elderly people should stop driving. Often, attorneys will be contacted by caregivers ...

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Elder law & housing: A explanation of the options

Elder housing is multifaceted – from fairly independent clients living in their own homes to highly dependent clients living in nursing homes. Affordability is always an issue, but increasingly so as needs increase and public benefits weigh in. Advising on ...

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The importance and pitfalls of prenup agreements for seniors

Premarital agreements are not just for the wealthy and not just for the young. Prenuptial agreements are particularly important for persons marrying at a mature age who want to define for themselves various rights and responsibilities that marriage will bring. ...

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Outpatient treatment: Mental health care outside of a facility

It’s no secret that mental health care in this country is inadequate, and unfortunately, Virginia’s system is no exception. In 2009, the National Alliance on Mental Illness gave Virginia a C for how it treats the mentally ill. (The national ...

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Guardianship petitioning

The following is an overview of Virginia Code §§ 64.2-2000 et seq. addressing capacity issues for adults who are alleged to be incapacitated and, pursuant to a very detailed statute, if determined by the court to be incapacitated, can have ...

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Medicaid: Bridging the communication gap

Qualifying for Medicaid is a tricky, detail-oriented process. As attorneys, we are not only faced with the challenge of reaching “magic” numbers, but also with the challenge of emotional families who are witnessing their loved one deteriorate. Each client presents ...

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Drafting effective guardianship orders

In any proceeding requesting the appointment of a guardian and/or conservator, the final order entered by the court must meet certain basic statutory requirements, and should also address any particular circumstances that may affect the scope of the fiduciary’s duties ...

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Trusts in Medicaid and asset protection planning

The revocable living trust is a very useful and popular estate planning tool, recommended by most estate planning attorneys across the U.S. and used as the central estate planning document by millions of Americans. The primary benefit of the revocable ...

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Special needs planning: Transitioning to adulthood

Many elder law attorneys also practice special needs planning, which focuses on the needs of younger people with disabilities. Elder law and special needs planning fit together because some areas of law – such as public benefit programs and guardianship ...

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Making an elder law practice more efficient

The first and most important step in promoting efficiency is to know your practice areas well. A close second is to aggressively provide training for everyone in your office. Successful firms understand that they must invest in their people, their ...

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