‘Mutual wills’ depend more on trust than law

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 [...]

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 [...]

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 [...]

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 [...]

Focus on: Family Law and Elder Law

By Paul Fletcher
Published: February 21, 2012
Tags: Domestic Relations, Elder Law

This week’s special second section focuses on the fields of family law and elder law; the two increasingly are intersecting as families seek to resolve issues with aging parents or changes arising from divorce. The stories you’ll find in this issue: Irrevocable trusts What happens when the children who are beneficiaries of a trust set [...]

Assembly addresses issues in elder law

By Peter Vieth
Published: February 20, 2012
Tags: Elder Law, General Assembly, Virginia Bar Association

Bills that would keep Virginia competitive in wealth management are making their way through the General Assembly, reports the head of the Virginia Bar Association’s Wills, Trusts and Estates section. Richmond lawyer Farhad Aghdami, chair of the VBA section, noted the success of Senate Bill 180 which provides liability protection for a trustee acting in [...]

Lawyer mismanaged assets, is convicted of embezzlement

By Peter Vieth
Published: February 16, 2012
Tags: Alexandria Circuit Court, Elder Law, Fairfax County Circuit Court, Judge Gerald Bruce Lee, Judge Robert J. Smith, Lawyer Discipline, Virginia State Bar

A Falls Church lawyer has been convicted of embezzlement after being ordered to reimburse more than $275,000 in excess fees she charged for management of an elderly couple’s assets, according the Virginia State Bar and court records. A 2009 report by the Fairfax County commissioner of accounts found Erin Weber Anderson, now known as Erin [...]

New guardianship statute applies to multiple courts

By Deborah Elkins
Published: July 22, 2011
Tags: Elder Law

Modern families are blended, extended, even over-extended. They have to find ways to care for each other over time and distance. Providing care for an elderly relative in declining health is challenging under the best of circumstances. It gets even more complicated when that care has to cross state lines. “We have such a fluid [...]