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Elder Law

Feb 21, 2012

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 […]

Feb 21, 2012

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 […]

Feb 21, 2012

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 […]

Feb 20, 2012

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 […]

Feb 16, 2012

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 […]

Jul 22, 2011

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 […]

Jul 19, 2011

‘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 […]

Feb 14, 2011

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 […]

Dec 6, 2010

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 […]

Nov 29, 2010

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 […]

Sep 27, 2010

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. […]

Sep 27, 2010

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: […]

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