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Virginia Elder Law Questions & Answers
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... Read 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...
Read more »

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... Read 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....
Read more »

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Virginia on
Q: Children want to distribute mother in laws personal items now. She is entering a long term care facility. Can they

She is 95, entering long term care. Deemed incapacitated. 3 daughters want to empty her apt and distribute her things now while she is still living.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Aug 7, 2019

If you have a power of attorney from her that allows you to make gifts, then you can do that. Please note, however, that gifting authority in powers of attorney is not common. Absent a power of attorney, one of you will need to petition the court to be appointed as conservator of her estate.

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

I believe that his issues are as a direct result of malpractice on the part of the memory care community in which he was living. At the suggestion of the care manager at the hospital, I contacted the Fredericksburg Adult Protective Services and the Va State Dept. of Licensing. She also suggested... Read more »

Jay Braddock Jackson
Jay Braddock Jackson
answered on Dec 12, 2018

I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must... Read more »

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

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