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Virginia Elder Law Questions & Answers
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
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.

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....
Read 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 Esq.
Mr. Andrew T. Bodoh Esq. 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... Read more »

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