Elder law is the field of legal practice that provides people with disabilities and those in the latter stages of life with the protection and support they need. Elder law touches on several different legal fields including family law, estate planning, and litigation.
The attorneys at Parks Zeigler, PLLC are well-versed in all the unique aspects of Virginia elder law. If you are concerned about leaving funds for your family after you die, paying for long-term care, or if an older loved one requires advocacy or support, our caring legal professionals can help.
Advocacy for People Receiving Long-Term Care
People often receive in-home care from agencies or family members when they develop health conditions that prevent them from caring for themselves. Others may enter a nursing home or other type of long-term care facility. In either case, the person receiving care can be a target for abuse, neglect, and financial exploitation.
Our Virginia attorneys are dedicated to ensuring elders are cared for responsibly, kindly, and with dignity. If you suspect a loved one is being neglected, mistreated, or exploited, contact us immediately.
We can investigate the situation and help implement measures to protect your loved one and hold the wrongdoer accountable. Information from financial institutions, social services agencies, and medical providers can be helpful in proving neglect, abuse, or exploitation. In some cases, involving law enforcement may be appropriate.
Protecting Vulnerable Loved Ones
Another unique aspect of elder law in Virginia is guardianship. Ideally, a person who is experiencing health problems or cognitive difficulties has a durable power of attorney. This legal document designates someone to manage their property and make financial and other decisions for them. When someone is losing the ability to care for themselves and they do not have a power of attorney, it might be necessary to request the court to appoint a guardian or conservator.
A guardian is a person who makes personal decisions regarding where the incapacitated person lives, what healthcare they receive, and their daily activities. The guardian might hire people to care for the vulnerable person or decide they should be admitted to a long-term care facility. A conservator handles the incapacitated person’s finances. Our team can discuss the responsibilities of a guardian or conservator and the limits on their authority in a specific case.
Virginia Code § 64.2-2009 allows a concerned person to establish a guardianship or conservatorship for someone else if they can present convincing evidence that the person is incapacitated and there is no less restrictive alternative available. In many cases, adult children seek guardianship of their parents, but parents of disabled children also could seek a guardian for their child. Doing so ensures their child has a responsible person to take over their care when the parent dies or becomes incapacitated.
Estate Planning Helps Your Money Go Further
Estate planning is not just for the wealthy. It is a way to make your wealth go as far as it can and benefit the people you choose, even when you do not have a significate estate.
A will is an essential part of an estate plan, but most families also benefit by making one or more trusts. The person making the trust, or grantor, puts money and property into the trust for the benefit of the beneficiaries they name. When the grantor dies, the contents of the trust go directly to the beneficiaries without the delay and expense of the probate process, or can continue to be held in trust for the benefit of the beneficairy. Some trusts can protect assets from creditors and reduce the tax burden on your heirs.
Trusts are also useful in Medicaid planning. This is an especially important aspect of elder law in Virginia because many people will require long-term care at the end of their lives, and very few can afford to pay for it. Our attorneys can help you arrange your assets so that you qualify for Medicaid long-term care while your loved ones maintain a reasonably comfortable lifestyle.
Find Out What a Virginia Elder Law Attorney Can Do for You
Getting older is a privilege but it comes with challenges. Working with a lawyer with expertise in elder law can help you prepare.
Contact the team at Parks Zeigler, PLLC for help with the unique aspects of elder law in Virginia. It is never too late to get started. Call today.
