Revocable living trusts …plan for an incapacity of wealthy clients

Why estate planning continues to matter

By Virginia Lawyers Weekly
Published: February 19, 2013
Tags: Elder Law

Early in January 2013, Congress enacted and the President signed the American Taxpayer Relief Act of 2012, or the “2012 Tax Act,” and averted what many called “the fiscal cliff.” With the passage of the 2012 Tax Act, there are those who wonder if estate planning will remain an important consideration given that many estate [...]

Elder Law: A special section

By Virginia Lawyers Weekly
Published: February 19, 2013
Tags: Elder Law

Virginia Lawyers Weekly is pleased to present “Elder Law,” a special supplement to the Feb. 18, 2013 paper. This 16-page B-Section is sponsored by the Virginia Academy of Elder Law Attorneys (VAELA). Here is the list of articles from the 2013 Elder Law edition: Why estate planning continues to matter Making an elder law practice [...]

DSS Wins Fees in Guardian Cases

By Deborah Elkins
Published: January 17, 2013
Tags: Elder Law, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

In light of the Salem Circuit Court’s separate appointments of a guardian and conservator for an elderly husband and wife, after their daughter, a physician licensed in another state, unlawfully dispensed medications to the mother, appeared abusive to her father, and was barred from each parent’s nursing home, the court awards $4,370 in attorney’s fees [...]

Lawmakers to target exploitation of elderly

By The Associated Press
Published: December 27, 2012
Tags: Elder Law, General Assembly

(AP) — Advocates of tougher laws against financial exploitation of the elderly and mentally incapacitated will press their case in the General Assembly again in 2013, this time with the imprimatur of the Virginia State Crime Commission. Legislation dealing with the issue has failed several years in a row as lawmakers struggled to protect the [...]

Elder law bar upset over Fairfax case

By Peter Vieth
Published: August 2, 2012
Tags: Elder Law, Fairfax County Circuit Court, Judge Leslie M. Alden

A court case that says it may be unreasonable for a law firm serving as guardian to charge legal rates for non-legal services has elder law attorneys saying they may be driven out of the business of managing personal affairs for their wards. Recent decisions by Fairfax Circuit Judge Leslie M. Alden expressly disapprove of [...]

Elder Law: A special supplement

Tags: Elder Law

Virginia Lawyers Weekly is pleased to present “Elder Law,” a special supplement to the May 21, 2012 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 [...]

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 [...]