Virginia Elder Law Questions & Answers

Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
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 know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...

Q: Alzheimer's patient petitioned by spouse specific transfer

1 Answer | Asked in Elder Law and Estate Planning for Virginia on
Answered on Sep 27, 2018
Jay Braddock Jackson's answer
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 permission from the probate court to spend money for the benefit of that individual. The guardian cannot spend money without the court's permission.

A subsequent beneficiary may, however, need to...

Q: My Aunt recently passed, no will. She was single, no children. How would her estate be separated?

1 Answer | Asked in Estate Planning, Elder Law and Probate for Virginia on
Answered on Apr 6, 2018
Steve Miyares' answer
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 particular situation

Q: Can a senior living facility bill after the security deposit was issued? All utilities were paid with rent.

1 Answer | Asked in Elder Law and Landlord - Tenant for Virginia on
Answered on Mar 1, 2018
Richard Sternberg's answer
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 security deposits in 30 days, and some bills might arrive or be misplaced until later. Unless the issuance of the security deposit was made with an express or implied release, it has no relevance to...

Q: Is there any legal help to prevent my grandmother from going to the nursing home. I can care for her, family says no.

1 Answer | Asked in Elder Law for Virginia on
Answered on Feb 3, 2018
Matthew Lane Kreitzer's answer
Yes, the process is known as a guardianship petition. Consult a local guardianship attorney for help.

Q: I need an attorney that would take my case on a contingency basis.It is a civil case lawsuit

1 Answer | Asked in Personal Injury, Elder Law and Estate Planning for Virginia on
Answered on May 5, 2017
Jan F Hoen's answer
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.

Q: My 89 year old Mother passed away on Sept. 3, 2014 with no will. I cared for her until she passed away.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Virginia on
Answered on Apr 22, 2016
Matthew Lane Kreitzer's answer
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.

Q: In Virginia, must a spouse be notified of the others filing of power of attorney?

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Virginia on
Answered on Jan 15, 2016
Adam Studnicki's answer
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. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get...

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?

1 Answer | Asked in Elder Law for Virginia on
Answered on Aug 30, 2014
Mr. Andrew T. Bodoh Esq.'s answer
One would likely need a valid power of attorney or the power of acting as a conservator to do so.

Q: What can happen to someone if they mistreat the elderly?

1 Answer | Asked in Elder Law for Virginia on
Answered on Jun 3, 2012
Jake Causing Santos' answer
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 person's finances, then there may be criminal laws that apply (such as battery and assault, theft, etc.). There may also be a claim under a civil suit for negligence. In addition, if the mistreatment is due to...

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