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Elder Law

Aug 2, 2021

‘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 […]

Apr 13, 2020

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 […]

Oct 22, 2018

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 […]

Jun 2, 2015

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ruling by Richmond Circuit Judge Margaret P. Spencer will stand for the time being, now that the nursing home owner has withdrawn its pre-trial appeal of the decision.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 […]

Apr 29, 2015

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 […]

Feb 17, 2015

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, […]

Feb 24, 2014

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 […]

Feb 20, 2014

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 […]

Feb 20, 2014

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. […]

Feb 20, 2014

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 […]

Feb 20, 2014

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 […]

Feb 20, 2014

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 […]

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