who is the best elder law & probate litigation attorney in richmond va

What is an elder lawyer?

Dec 22, 2021 · The Best Elder Law Services of 2022. Table of Contents. Table of Contents. Estate Planning Terminology. How We Chose the Best Online Elder Law Services. The 10 Best Online Elder Law Services of 2022. LegalZoom. Quicken Willmaker & Trust. Rocket Lawyer.

What are the major areas of elder law?

Dec 25, 2011 · An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

Are online elder law services safe and reliable?

Apr 20, 2021 · Finding an Elder Law Attorney. It’s easier than ever to find an elder law attorney. You can Google “elder law attorney near me,” “elder care attorney,” or similar terms to get started. But just because an attorney holds him- or herself out as an elder law attorney doesn’t mean they are the best for your needs.

Do you need an elder law power of attorney?

The best place to find a lawyer is through the National Academy of Elder Law Attorneys, a non-profit association founded in 1987 whose lawyers are trained and experienced in the nuances of elder law and adhere to a set of what it calls "aspirational standards" that hold them to a high bar of professional conduct.

What is estate planning?

Estate planning is the process of making arrangements for what happens to your assets after you pass away. Your estate includes all property owned...

Do I need to update my will if I move?

You should review your will and update it after any major life events, including when you move interstate. Many wills remain valid even if you relo...

What information and documents should I have ready when I start the estate planning process?

Before you begin preparing your estate planning documents, you should:

Can my will be contested?

Wills can only be contested during the probate process if there are valid concerns about the will itself or the preparation process. Common reasons...

What if I need elder law services other than estate planning?

Most online elder law services are focused on estate planning. If you have other legal matters to discuss that are related to elder law, you’ll wan...

Should I hire an elder law attorney?

Elder law attorneys are great resources to address multiple aspects of old age, including medical questions and financial concerns. Everyone’s circ...

What is the difference between estate planning and elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other is...

How much does an elder law attorney cost?

These attorneys cover a wide price range, so it’s difficult to put a definitive price tag on services. Expect to pay in the $500 range for an initi...

Are elder laws attorneys worth it?

It depends on what services you require. If a professional can help ensure affordable medical care and avoid costly taxation in estate planning, th...

What does elder law include?

It is a broad category that includes long-term care planning, navigating Medicare and Medicaid, estate and financial planning, guardianship, conser...

What is elder law?

Elder law is a an area of law that caters primarily to aging seniors who are looking to confirm their well-being is placed on the forefront as they get older. As you advance into a certain phase of your life, things tend to become a bit riskier and incapacity becomes more prevalent. Because you wish to be ready for the unexpected, ...

What to do if you suspect elder abuse?

If you suspect a case of elder abuse, you should speak with an elder care lawyer who can advise you on any legal options that may be available to the elderly victim. Finding a Lawyer Should Be Simple.

Why do doctors need a living will?

A living will is beneficial in terms of stating at what stage they would like doctors to withhold medical care, or if they would like their doctors to use any means necessary in order to prolong their life. With a living will, your doctors are legally obligated to follow your medical instructions.

When do advance directives become effective?

Advance directives generally become effective in most states where one or more doctors confirm that you are in a condition that is specified in a state’s living will law, not in a state to make healthcare decisions on your own, or you meet other applicable state requirements.

Who administers a trust?

In order to do this, the grantor, otherwise known as the person who sets up the trust, creates the trust and transfers property such as bonds, cash, and stocks to the trust’s control. A trustee is then appointed to administer the trust and distribute funds according to the terms of the trust.

What is a guardian responsible for?

In general, the guardian is responsible for caring for the indisposed person and their financial affairs. Things that the guardian is responsible for include making sure the elderly person has the basic necessities, making medical care decisions, and managing the person’s finances.

Can an elder law attorney help with end of life issues?

A: While there is no easy way to address end of life issues, doing so sooner rather than later will help give everyone involved a peace of mind. Elder law attorneys can help you prepare for a multitude of issues that arise as you age, such as decisions that need to be made regarding finances and healthcare.

What is elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning for persons of any age and protecting assets when an individual passes away.

What can an elder law attorney do?

An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

What is a caregiver in a long term care facility?

Long-term care facilities also provide care and assistance with the activities of daily living, but the staff is present during the night to respond to issues more quickly.

When does a POA become effective?

The POA can be effective as soon as you sign it or be a “springing” POA in which the rights of a durable POA do not lock into effect until certain requirements are met, such as specific medical diagnoses.

What is a POA?

A power of attorney (POA) allows you to nominate another person, called an agent, to make financial or medical decisions on your behalf. In some states, these are separated into a financial POA and a medical POA. You remain in control of who acts on your behalf and what actions your agents can take for you.

What happens when you cross all the I's and T's on a will?

When a person passes, even if all the I’s are dotted and T’s are crossed on wills, there are still more legal affairs that need to be tended to; this is the probate process.

Is long term care insurance good?

Long-term care insurance that can cover care expenses later may have premiums of thousands of dollars per year, and it needs to be purchased when you’re healthy.

What can an elder law attorney do?

An elder law attorney can help with common legal issues older people face, including: Disability planning, including creating financial and medical powers of attorney. Establishing guardianships and conservatorships if the senior is not legally capable of granting a power of attorney.

What is the National Academy of Elder Law Attorneys?

The National Academy of Elder Law Attorneys (NAELA) is an excellent resource. Attorneys who are members of NAELA endorse aspirational standards for excellence in practice, and are generally up to date with important developments in elder law.

How does elder law work?

How Elder Law Works. Legal issues affecting seniors are governed by complex regulations and laws that vary by state. They're also multifaceted, often requiring a unique understanding of the personal impacts of aging, which can make a person more physically, financially, and socially vulnerable.

Why is it important to have an elder law attorney?

Although the field is of particular importance to seniors in such circumstances, it's vital for all seniors to familiarize themselves with elder law and enlist an attorney when needed in order to protect themselves and their assets from what may befall them in their golden years and beyond.

What is Medicaid planning?

Medicaid planning involves repositioning and transferring assets to qualify for Medicaid nursing-home benefits. Veterans benefits concerning elder law encompass providing for the long-term health care needs of veterans of the U.S. military.

What is elder abuse?

Elder Abuse. As people age, they, unfortunately, become more prone to personal or financial abuse. This mistreatment can range from Social Security fraud (for example, a non-spouse family member continues to receive benefits after the person has died) to the outright theft of assets.

What is a comprehensive estate plan?

A comprehensive estate plan might include the last will, durable power of attorney, an advance medical directive, and if needed, a revocable living trust. Also known as a living trust, a revocable living trust allows you to appoint someone else to make decisions about assets held in a trust.

What happens if you don't have a power of attorney?

If a person becomes incapacitated and did not put in place durable power of attorney or advance medical directive, a family member, friend, or, in some cases, a stranger, will have to go to court and petition for a guardian or conservator be appointed on behalf of the incapacitated person. 3  Guardianship, also referred to as conservatorship in some states, is sometimes referred to as "living probate" as it is the court-supervised process of administering an incapacitated person's estate. In contrast, if the person took the time to create a disability plan with the help of an estate lawyer versed in guardianship, then he or she would have the right legal documents in place to dictate who will make financial and health care decisions on their behalf.

Is probate necessary for a deceased person?

Probate is the court- supervised process for settling a deceased person's estate, and it may or may not be necessary depending on how your assets are titled at the time of your death. If you have a revocable living trust, the estate may be settled without the supervision of a probate court. 2 .

What are some examples of elder law?

You’ve likely heard of some of them: criminal law, corporate law, family law, and tax law are fairly well known examples. Each deals with the particular area of the law from which it takes its name. Elder law is the same. It refers to numerous legal issues specially affecting elderly people. This article provides an overview of some ...

What can an elder law attorney do for you?

An elder law attorney will be able to draft guardianship and estate planning documents for you, answer any questions you have about health care and Social Security issues, and aid you in dealing with elder abuse.

What is the oldest area of law?

Estate Planning. One of the oldest areas of law is estate planning and administration . This area of law involves the transfer of a person’s property to their intended beneficiaries after death. This often occurs through the probate process – an infamously complicated and drawn-out legal affair.

Do attorneys do estate planning?

Attorneys are frequently involved in estate planning matters from beginning to end. Estate planning is an area of law in its own right, but is a familiar topic among elder law attorneys. Estate planning can take many forms. Most people who do make plans choose to write a will.

Why is Medicare important?

Applying for and receiving benefits such as Medicare and state-equivalent programs can be important to someone’s health, welfare, and financial well being. Disputes over medical care including injuries due to medical malpractice are a major legal area in their own right and frequently affect elderly patients.

What is advance health care directive?

An Advance Health Care Directive allows people to set out their wishes for medical treatment and care should they become disabled. More binding forms of preparation include drafting a living will or granting someone power of attorney for healthcare.

Who administers a trust?

The establisher of a trust (grantor) creates the trust and transfers property (such as stocks, bonds, and cash) to the trust’s control. An appointed trustee then administers the trust, often disbursing funds in accordance with the terms of the trust.