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Support issues for Baby Boomers:?A primer
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?
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
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
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
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
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 […]
‘Mutual wills’ depend more on trust than law
Second marriages and “first” children are generating more issues in estate-planning practice, as couples continue to divorce and remarry before they can celebrate that golden anniversary with one spouse. One of those issues is making sure the children of each spouse get treated equitably when the last parent dies. Mutual wills, sometimes accompanied by a […]
AG would get new powers to look at nursing home abuse
A bill sailing through the General Assembly would expand the attorney general’s power to investigate nursing home abuse and neglect, even in cases where the patient does not receive government assistance. Currently under Virginia law, state investigators can subpoena only records of patients receiving state medical assistance, even if there are other potential abuse cases […]
What to do about Mom? Mediation may be the answer
Mom was in her 90s when she started having blackout episodes. Her oldest daughter, who lived two hours away, was adamant that her mother could no longer be left alone in her own home. But Mom didn’t want to move in with any of her three children, not because there was any animosity, but because […]
Patient dies from complications from multiple pressure sores – Confidential Settlement
This case involved a mandatory arbitration clause in a nursing home contract. Plaintiff’s decedent’s son signed the contract as “responsible party”. The son did not have power of attorney nor had he been appointed legal guardian or conservator. Defendant filed a motion to dismiss because arbitration was a condition precedent under the contract to commencing […]
Reverse mortgages: an elder law planning tool
Reverse mortgages have been a standard item in the toolbox for Fairfax elder law specialist Evan Farr. A reverse mortgage, which pays cash for an older person’s home equity, can allow her to stay where she most wants to be – in her own home. Sometimes, Farr says, a reverse mortgage is the only way. […]
Include long-term care in retirement plans
Current estimates from American Association of Retired Persons put the annual cost of a private nursing home room at a national average of $78,000. As older Americans are still struggling to reassemble their retirement plans from the worst economic downturn in 70 years, relatively few are considering the potentially most devastating threat to their plans: […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
