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Virginia Elder Law Questions & Answers
0 Answers | Asked in Real Estate Law, Civil Rights and Elder Law for Virginia on
Q: In Virginia. I am the legal guardian of my 4 yo grandson. I live with my daughter who is not the mother of this boy

And her husband for 4 years. My son in law just served me a legal paper today. Telling me to quit the premises in 5 days. What can I do?

I am a 66 yo grandmother. I just got out of the hospital in very bad health. No money and no prospects. Me and baby will be sleeping in the car. I was... View More

0 Answers | Asked in Elder Law for Virginia on
Q: How can I go about getting guardian ship of my husband currently he's in a nursing home in NC and I'm in one in Va

I want my husband moved with me I took care of him when he was home and I have witnesses who can testify to that and I also have papers stating that

0 Answers | Asked in Elder Law for Virginia on
Q: How can I go about getting guardian ship of my husband currently he's in a nursing home in NC and I'm in one in Va

I want my husband moved with me I took care of him when he was home and I have witnesses who can testify to that and I also have papers stating that

1 Answer | Asked in Appeals / Appellate Law and Elder Law for Virginia on
Q: I'm in urgent need of assistance concerning an unfair discharge from an assisted living facility within 5 days.

I'm an assistant living facility resident with an auxiliary grant being unfairly discharged because the facility was cited for exceeding its licensed capacity and had to get back into compliance. When I became a resident, it put the facility at its capacity. I filed an appeal with VDSS but... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry that you have been placed into this predicament. Legal Aid comes to mind, but you are already in contact with them regarding your appeal. You could reach out to local and state bar associations to ask... View More

1 Answer | Asked in Family Law and Elder Law for Virginia on
Q: My adult sister is developmentally disabled.

Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian?

Maria T Patente
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answered on Aug 25, 2023

Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Virginia on
Q: I have a question regarding being POA?

Father has left sister and I POA, we can act jointly or separately. Issue my sister aren't seeing eye to eye on is my father's 3rd largest asset (750K) is his home that is actually a vacation home. Lived there full time before he got sick. House is deteriorating, needs at least 35k in... View More

Anthony M. Avery
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answered on May 3, 2023

Hire a VA attorney to file a Conservatorship. The POA is not working, and was probably drafted in error.

1 Answer | Asked in Elder Law and Estate Planning for Virginia on
Q: Is a change in power of attorney valid if it was done within 90 days of being diagnosed in dementia?
Maria T Patente
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answered on Mar 20, 2023

A diagnosis alone does is not complete proof that a person lacked capacity to execute a valid Power of Attorney. In addition, "dementia" is a general term and can include varying degrees of inability to process information accurately. However, for a Power of Attorney to be valid, the... View More

1 Answer | Asked in Elder Law, Probate and Estate Planning for Virginia on
Q: Suspect Trust having funds dispersed illegally. CA Orange County trust but I'm in VA and executor in Seattle. What to do

Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... View More

Richard Sternberg
Richard Sternberg
answered on Oct 1, 2022

There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Virginia on
Q: See below.

My partner and I have moved back to the Charlottesville area to provider assist with his grandmothers care. It is the hope of my partner and his family that his grandmother can qualify for Medicaid, once she has Medicaid, she can be moved into an assisted living facility paid for by Medicaid. The... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 4, 2022

You are asking a very complex question on a short answer forum and mis-understand some of Medicaid rules. Aunt may or may not be wrong - there are several ways this can be handled.

You need an Elder Law Attorney to advise you, and Charlottesville has several very good ones who are...
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1 Answer | Asked in Family Law and Elder Law for Virginia on
Q: Can I be appointed as my brother's guardian? And would I be financially responsible for my brother's care?

My 71 yr old brother was diagnosed with a brain tumor in January of this year. Humana Advantage Medicare denied his continued care at the rehab center as it reported that he was making progress (walking 20 feet with someone holding onto him is not progress). He lived alone & cannot live on... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 10, 2022

Short answer - yes, you can be appointed assuming your brother in law is not capable of granting a power of attorney. And no, you won't be financially responsible for his debts provided you ALWAYS say you're acting as guardian (or conservator.

BUT YOU NEED TO CONSULT A LAWYER....
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1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Libel & Slander for Virginia on
Q: After living & caring for mom in her home for 11yrs,mom's moved to care facility.Sis,sole trustee,wants me (age 71) out

Sis said in writing I could stay till Apr 1. Feb 28 got 30 Day Notice to Quit that said I was staying without permission. Clearly a lie. Any consequences for her lying to obtain notice? On Feb 1, Sis said I would be responsible for a number of bills as of that date including utilities. She... View More

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2022

I don't think there is much of anything a lawyer can do without getting involved in the situation and learning the personalities and the history. There are plainly things you can do, but many of them involve putting up a defense. At 71 and living with your mother, you may not have the... View More

1 Answer | Asked in Domestic Violence, Elder Law and Landlord - Tenant for Virginia on
Q: My sister lives in Amherst, Virginia. A very controlling, manipulative, mentally unstable boyfriend won't leave.

How can she remove him and keep herself safe?

Steven Krieger
Steven Krieger
answered on Feb 22, 2022

She needs to provide notice and then file the eviction paperwork with the court. I'm sure anyone who responds would be happy to hep if you decide to hire an attorney. Good luck!

1 Answer | Asked in Collections and Elder Law for Virginia on
Q: My father was a victim of fraud I am now his POA. I need to obtain legal assistance to sort through corrective action.

My father was involved in a Publishers Clearing House scam. Police reports were filed and now receiving numerous letters from attorneys to pay back credit card debt. Need significant assistance to navigate.

Steven Krieger
Steven Krieger
answered on Nov 26, 2021

Many credit card companies have some type of fraud department that investigates these claims, but if not, I'm sure you could hire a lawyer to respond to the attorneys who are reaching out. I'm sure anyone who responds would be happy to help and will need to see the letters you've... View More

1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Virginia on
Q: Can a trustee legally represent a beneficiary in court and be her attorney? From any false accusations from her sibling

My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 25, 2021

I regret that I do not handle matters that involve Trusts and/or Trustees. Sorry.

1 Answer | Asked in Estate Planning, Tax Law and Elder Law for Virginia on
Q: My parents live with us and agreed to either pay on our remaining mortgage or pay us rent. What should they do?

This year my husband and I sold our house and bought another single-story house with the plan to move my parents in with us. My parents now live with us. They plan to sell their house that now sits empty. My parents have agreed to either give us money towards our remaining mortgage or pay us... View More

Karen L. Rowell
Karen L. Rowell
answered on Jan 27, 2021

A lump sum would definitely raise red flags as a gift and would have to be justified, documented and argued. Reasonable rent is easy to justify and document. It would be good to have a written lease and have them pay you rent, you can always apply it toward extra principal payments on your... View More

1 Answer | Asked in Elder Law for Virginia on
Q: What happens if the primary residence is jointly owned when applying Medicaid?

My parents are applying for Medicaid. We know that primary residence doesn’t count as an asset, and that Government will take the equity when my parents die.

What happens when the house is jointly owned, do they still come after my parents die?

Ross Cameron Hart
Ross Cameron Hart
answered on Nov 2, 2020

Don't let them do anything without consulting an Elder Law Attorney. It is possible to keep the house (and the equity) if handled correctly. There are a lot of 'hidden' methods and a competent Elder Law Attorney can be a big help. You can find one by going to the Virginia Academy... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Elder Law for Virginia on
Q: Can a property owner suddenly cut off a person's water without warning?

This is about an elderly couple whose artesian well is on property that used to belong to them. When it was sold 10 years ago owner was aware that the well is being used by the elderly couple and today told them he cut it off because he doesn't need it anymore.

Richard Sternberg
Richard Sternberg
answered on Jun 6, 2020

It sounds like it might be time for a legal review of the transaction to determine if there was an easement implied. They don't appear to be tenants of their buyer, so it may be time to negotiate or to buy bottled water until they can tap into an artesian well below their property.

1 Answer | Asked in Elder Law for Virginia on
Q: My spouse is a Ward if the State and went into a nursing home yesterday. What rights do I have to his income for support

My spouse recently became a Ward of the state. He has a public guardian & conservator. How do I get protection under the spousal impoverishment laws? I depend on his income. He receives retirement from the railroad of $3400 per month. He went to a Nursing Home yesterday. His care will run... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 12, 2020

Your question is remarkably complex. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet... View More

1 Answer | Asked in Probate, Elder Law and Estate Planning for Virginia on
Q: Our mom passed a few months and I was shocked to learn that my older brother had been taking money from her account

And even her home equity line of credit. I was only made aware because I am the executor of her estate. And they hadn't had any payments. What can I do? All 3 son's was beneficiaries on her accounts.

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2020

It is probably a good idea to review the facts with a lawyer. It might be that your brother had the right to do that, or he might have been abusing your mother by stealing her money and stealing from the estate. You may be able to collect it back from him or take it as a credit against his... View More

1 Answer | Asked in Elder Law for Virginia on
Q: can I as guardian and conservator put my fathers home and cd in a trust if hes already declared incompetent, on hospice

i am my fathers legal guardian & conservator my half sister not related to my father is executor of his will. Her and her husband set up the will where they can do what they want with the house and his belongings my father thinking she would do what the will says signed it. She plans on doing... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jan 8, 2020

This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an... View More

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