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?
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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 
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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
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
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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.
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
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
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
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... View More
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
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.... View More
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
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
How can she remove him and keep herself safe?
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!
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.
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
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
answered on Jun 25, 2021
I regret that I do not handle matters that involve Trusts and/or Trustees. Sorry.
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
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
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?
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
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.
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.
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
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
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.
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
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
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
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.
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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.
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... View More
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... View More
Is this sale of house include change of will. Does Alzheimer's patient in assisted living inherit estate if death of spouse
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
My mother is her sister. Their brother is deceased.
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
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