When you are retired or approaching retirement, you have a different set of legal needs than you did when you were younger. You not only need to ensure you have a good estate plan, but you should consult a lawyer with experience in matters like Medicaid and other federal benefits programs, guardianship and conservatorship, estate planning, and long-term care. An older person might also need advice on family law issues, as late-in-life marriages are common and have financial implications for you and your children.
Our firm has the expertise you need to navigate your golden years. A Virginia elder law attorney can help you and your family make financial and health care plans to ensure you have the quality of life you deserve as you age.
Our Firm Handles the Following Types of Elder Law Cases
Implementing and Updating Estate Plans
When you have an estate plan, reviewing and updating it when you approach or begin retirement is a good idea. If you did not make an estate plan when you were younger, doing so now can help you plan for a secure old age. At a minimum, you should have a Will and Powers of Attorney designating someone to manage your finances and make healthcare decisions if you cannot.
Changes in your family might affect your estate plan. For example, if a child gets married, you may need to adjust your plan to ensure assets stay within the family if the child ever gets divorced. When you have a grandchild with special needs, you might want to ensure the child receives the care and extra support that could help them thrive.
Spouses sometimes pass away, and the widowed spouse remarries. Consulting an elder law attorney in Virginia before a remarriage can help you manage financial matters with your new spouse while ensuring your children and other heirs are protected.
Guardianship and Conservatorship
Sometimes a person gets a challenging diagnosis and knows ahead of time that they will need someone else to have the legal authority to make decisions for them. A child, spouse, or friend may recognize a person is vulnerable and needs assistance to ensure they are physically, emotionally, and financially safe.
Guardianship and conservatorship could provide solutions in these distressing situations. A guardian is someone empowered to make decisions regarding medical care, personal care and support, residence, and other personal matters. A conservator is authorized to handle an incapacitated person’s finances.
Guardianship and conservatorship remove certain rights from an incapacitated person, and courts will not do so without proof the person is incapable of managing their affairs. Under Virginia Code § 64.2-2009, the court sometimes limits the powers available to a guardian—for example, the individual might retain the right to vote but has a guardian to make healthcare decisions and decide where they should live. An elder law attorney can help a Virginia family decide whether guardianship or conservatorship is the best solution and help them petition the court.
Help with Federal Benefits Programs and Long-Term Care
Many people reach retirement age without knowing a lot about the Social Security and Medicare benefits they have earned. A Virginia lawyer with expertise in elder law can answer any questions and help if you are having problems collecting your benefits.
Retirement age is also a good time to think about Medicaid planning for long-term care. Unless you have substantial liquid assets or an excellent long-term care insurance policy, most families cannot manage the cost of a skilled nursing facility without difficulty.
The Medicaid program allows middle-income people to qualify for long-term care services under specific circumstances. A legal representative can help a family shelter their assets while ensuring they qualify for Medicaid assistance if they need long-term care.
Rely on a Virginia Elder Law Attorney to Handle the Legal Challenges of Aging
Many aspects of life change as you get older, including your legal needs. Seek a legal professional with experience in the issues likely to confront you as you age. A Virginia elder law attorney can help with estate planning, guardianship, Medicaid planning, and other concerns. Call today to speak with a compassionate lawyer.
