Lawyers, Answer Questions  & Get Points Log In
Virginia Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Estate Planning for Virginia on
Q: Alzheimer's patient petitioned by spouse specific transfer

Is this sale of house include change of will. Does Alzheimer's patient in assisted living inherit estate if death of spouse

Jay Braddock Jackson
Jay Braddock Jackson
answered on Sep 27, 2018

Having an illness that makes one incompetent to handle funds (among other things) does not mean the individual cannot inherit. In other words, the patient’s right to inherit is not impacted in any way by his illness. It may mean that a guardian will need to make certain decisions or request... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Virginia on
Q: My Aunt recently passed, no will. She was single, no children. How would her estate be separated?

My mother is her sister. Their brother is deceased.

Steve Miyares
Steve Miyares
answered on Apr 6, 2018

Under section 64.2-200 of the code of Virginia, her estate would pass to her surving parents. If there are sosurving parents, then her estate would be divided among her siblings and their descendants. You shouldconsult with an estate planning attorney for a more detailed analysis of your... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Virginia on
Q: Can a senior living facility bill after the security deposit was issued? All utilities were paid with rent.
Richard Sternberg
Richard Sternberg
answered on Mar 1, 2018

I assume we’re talking about a late-received or previously missed utility bill, like a quarterly water bill. Sure, why not? If it is owed under the contract, it is owed. Returning the security deposit merely makes it harder to collect, but local landlord-tenant ordinances often require refund of... View More

1 Answer | Asked in Elder Law for Virginia on
Q: Is there any legal help to prevent my grandmother from going to the nursing home. I can care for her, family says no.

My grandmother has Alzheimer's and my uncle is talking about putting her in a home. She currently lives with my mom and he does not care for her. I f this happens is there any legal help for me to take over care for her to prevent her from going into a home? Due to my husbands military I am in... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 3, 2018

Yes, the process is known as a guardianship petition. Consult a local guardianship attorney for help.

1 Answer | Asked in Personal Injury, Elder Law and Estate Planning for Virginia on
Q: I need an attorney that would take my case on a contingency basis.It is a civil case lawsuit

My sister took out a guardianship on me by lying her way through and using my Medical Drs. name in the process and he stated he did not release any info to her I went to court and my medical records were so good there was no way she could win so she removed herself and now wanting me to pay her... View More

Jan F Hoen
Jan F Hoen
answered on May 5, 2017

Have you reported the theft to the police? Theft is a criminal matter.

It is unclear on what basis you wish to pursue a civil claim for monetary damages which would justify an attorney handling the matter on a contingency basis. You will probably need to hire someone on a lump sum or hourly rate.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Virginia on
Q: My 89 year old Mother passed away on Sept. 3, 2014 with no will. I cared for her until she passed away.

I had a durable POA to handle her medical and other affairs and her bank accounts had a POD. I took her back to England for burial and her accounts had no additional funds after the cost of the funeral etc....I contributed to her home health care costs and funeral costs. My Mother was due a small... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 22, 2016

You probably shouldn't be doing any of this. A power of attorney does not allow you to reconcile a deceased person's estate. The only person who can do that is the Administrator, appointed by the court in instances where there are no wills. Seek out a Probate attorney soon.

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Virginia on
Q: In Virginia, must a spouse be notified of the others filing of power of attorney?

Mother wants to give power of attorney to son, must husband be told ?

Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

In many states, this is not required, but check with a local estate planning lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
View More

1 Answer | Asked in Elder Law for Virginia on
Q: If the owner of a home is in a nursing home, can someone sell the home? Or can the nursing home take it for payment?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 30, 2014

One would likely need a valid power of attorney or the power of acting as a conservator to do so.

1 Answer | Asked in Elder Law for Virginia on
Q: What can happen to someone if they mistreat the elderly?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

The answer depends on what type of mistreat you mean, who is conducting the mistreatment, and whether you can prove there is actual mistreatment. If there is physical abuse, or someone is endangering an elderly person's health or well-being, or someone is taking advantage of an elderly... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.