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 ...

Tagged with: Elder Law Wills & Trusts

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 ...

Tagged with: Elder Law

The revocable living trust (RLT) 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 ...

Tagged with: Elder Law Wills & Trusts

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 ...

Tagged with: Elder Law

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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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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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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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 ...

Tagged with: Elder Law

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 ...

Tagged with: Elder Law

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 ...

Tagged with: Elder Law