Virginia Elder Law Questions & Answers
Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.
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 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
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?
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.
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.
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
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.
Q: My 89 year old Mother passed away on Sept. 3, 2014 with no will. I cared for her until she passed away.
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?
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. 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?
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?
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...
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.
