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‘Go To Lawyers’ noms for elder law sought
Virginia Lawyers Weekly is seeking nominations for the next area of practice in our “Go To Lawyers” program – elder law. This program recognized leading lawyers in a particular field of law. We have covered business law, employment and workers’ compensation in previous installments. A “Go To Lawyer” is: A lawyer who is an expert […]
Elder law firms turn to ‘remote notarization’
The days of a client signing a power of attorney and other forms with an attorney and two witnesses sitting close by at the same table are over – at least for now. In light of social distancing, firms practicing elder law have begun offering creative ways to have estate planning documents – including wills, medical directives and […]
Gray marriage: Later-in-life unions can lead to legal issues
As baby boomers age, it’s no surprise that America’s population of people over the age of 65 is getting bigger than it has ever been. One less than obvious consequence of this is that more people living past middle age are getting remarried. In 2013, two-thirds of previously married adults between the ages of 55 […]
Judge rejects arbitration in nursing home death case
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ruling by Richmond Circuit Judge Margaret P. Spencer will stand for the time being, now that the nursing home owner has withdrawn its pre-trial appeal of the decision. The nursing […]
Elder mediation promotes relationships, dignity and choice
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 assists the individual and/or their families and others through a process that empowers the parties […]
Family ties: A look at little-known ‘filial support’ statute
Family ties don’t always bind, leaving parents and children looking to the law for support. It is commonplace for courts to order parents to pay support for minor children. It may be less well known that courts in Virginia can order adult children to provide financial support for their aged parents. Virginia, like many states, […]
Focus on Elder Law
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 some of the important issues in the field: Specialty trusts and Medicaid and veterans’ benefits […]
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 promise to repay. A Medicaid-compliant promissory note is a written promise to repay a loan […]
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 and bullying him, depriving him of medication and food, while also draining his financial accounts. […]
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 on Mom’s behalf, claiming that she doesn’t need any help – she can manage her […]
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 the beneficiary holding assets directly. Common governmental programs requiring the protection of an SNT are […]
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 achieve their legal goals. But these “helpers” occasionally are too involved and influential, promoting their […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
