Elder law is not just for the elderly. It is defined by the National Elder Law Foundation (NELF) as “the legal practice of counseling and representing older persons and persons with special needs, and their representatives about the legal aspects of health and long-term care planning, public benefits, surrogate decision making, legal capacity, the conservation, disposition and administration of estates and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax expertise.”
A Virginia Beach elder law attorney can help address a broad range of topics reflecting the unique needs and challenges faced by older adults and their families.
Below is more information on some areas that our firm typically deals with:
Estate Planning is a process whereby individuals anticipate and arrange for the management and disposal of their estate during their life and after death, while minimizing gift, estate, generation skipping transfer, and income tax. The process involves a variety of legal tools and structures, such as wills, trusts, powers of attorney, and advanced medical directives, to put an individual’s affair in order, ensuring that their wishes are honored, and their loved ones are provided for.
An elder law attorney in Virginia Beach may assist a client with Estate Administration, which involves guiding families through the probate process and helping resolve disputes over wills and trusts. They also play a crucial role in Trust Administration by providing legal guidance, counsel, and support to the Trustee, who is responsible for managing the trust, or a beneficiary.
A plan must be developed to ensure that people with special needs have the financial resources and support necessary to meet their life-long requirements without jeopardizing eligibility for essential government benefits like Medicaid and Supplemental Security Income (SSI). Special needs planning involves creating a comprehensive strategy that encompasses financial planning, estate planning, and legal considerations. A meticulously crafted special needs plan enables families to allocate resources effectively, ensuring that the individual with special needs can lead a fulfilling life, surrounded by care and opportunities, while maintaining their rights and access to public benefits.
An integral component of special needs planning is the establishment of a Special Needs Trust (SNT), a legal entity designed to hold assets for the benefit of an individual with disabilities. The SNT allows families and loved ones to provide financial assistance to the individual without affecting their qualification for public assistance programs. The assets in an SNT can be used for a variety of purposes, including education, medical expenses not covered by government benefits, and quality-of-life enhancements, such as vacations and entertainment.
Special needs planning requires a profound understanding of the legal frameworks, financial implications, and unique needs associated with disability, making the role of experienced elder law attorneys in Virginia Beach pivotal in navigating this intricate landscape and developing robust, individualized plans that align with the distinctive needs and goals of each family and individual.
Long-term care planning involves preparing for the possibility that an individual may need assistance with medical care, particularly with activities of daily living due to aging, chronic illness, or disability. The goal is to ensure that individuals receive the appropriate level of care while preserving their assets and quality of life and can include legal, financial, medical, and lifestyle considerations.
It often involves Medicaid Planning, whereby attorneys in Virginia Beach advise on Medicaid eligibility, application processes, and elder law planning strategies to secure benefits for long-term care. It can also incorporate Veterans Benefits.
Guardianships and conservatorships are designed to protect the well-being and to manage the financial affairs of incapacitated adults. Not only do elder law attorneys in Virginia Beach help in the filing of a guardianship, but they offer ongoing legal counsel to guardians and conservators on fulfilling their roles effectively and resolving any disputes or challenges that may arise, including the filing of regular reports and accountings with the court.
Elder law attorneys in Virginia Beach play an important role in addressing and mitigating elder abuse, a grave and often underreported issue impacting the well-being of older adults. They work meticulously to ensure safety, uphold rights, and seek recourse against perpetrators. When elder abuse is suspected or identified, whether it be some form of physical or emotional maltreatment, financial exploitation, or neglect, attorneys collaborate with adult protective services, law enforcement, and medical professionals to navigate the legal avenues available to hold abusers accountable. They also assist in implementing protective measures, such as revising estate plans or guardianships to safeguard against further exploitation or abuse.
They may also advocate for residents of hospitals, nursing homes, and other long-term care facilities whose rights may have been violated. This may include neglect or abuse that results in significant personal injuries. After a recovery is made, an attorney may serve as a personal injury settlement consultant to ensure the recovery is adequately protected and that certain benefits, such as Medicaid, are not impacted.
Elder law attorneys in Virginia Beach may assist with financial planning by providing legal advice and services to help individuals and businesses achieve their financial goals, protect their assets, and navigate complex legal and regulatory landscapes. Many clients seek assistance to ensure financial security in retirement or disability and develop strategies to protect assets from creditors, lawsuits, and other threats. This may also, involve assessing tax-efficient structures and strategies, assisting with tax compliance, and representing clients in disputes with tax authorities.
For business owners, they assist with business formation, contracts, buy-sell agreements, and developing succession plans to ensure a smooth transition of the business.
People often want to remain in their home; however, there are instances where such is not practical or safe. Elder law attorneys provide advice on Virginia Beach housing options, including assisted living and nursing home contracts. They may even assist with real estate transactions, disputes, and other property-related issues.
Elder law attorneys play a crucial role in advocating for the rights, well-being, and financial security of older adults and persons with disabilities, often working closely with clients and their families to navigate complex legal, medical, and financial landscapes and find solutions that align with the clients’ needs and wishes.
Our team is ready to address your concerns and answer your questions. A Virginia Beach elder law attorney could work to evaluate your current plan and walk you through what additional planning may be beneficial. Reach out now to get started.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law
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