Elder law is a relatively new area of law that focuses on planning for aging and its legal aspects. For example, changes in the already complicated federal Medicaid and Medicare laws can be confusing to individuals and families who are trying to plan for the future.
We offer the following services in this area:
• Medicaid counseling and preparation of application
• Veteran's Benefits, including Aid & Attendance Benefits
• Medicare counseling
• Preservation of Assets
• Dementia / Alzheimer's Disease legal counseling
• Disability planning such as Special Needs Trusts
• Guardianship and Conservatorship
• Elderly housing options
• Powers of attorney
• Advanced medical directives ("living wills")
• Wills and estate issues
Certain diseases associated with aging such as dementia and Alzheimer’s Disease provide unique challenges which need to be addressed sooner, rather than later. Although someone has been diagnosed with dementia or Alzheimer’s, they may still have the capacity to execute disability planning documents such as powers of attorney, advance medical directives, and wills. There is a limited window; however, so time is of the essence once a diagnosis has been given. If we believe capacity is in question, we will require a doctor’s certification that the client has the mental capacity to execute any documents. This protects both the client and the firm from any confusion in the future.
As a board member for Partners in Aging, Ms. McMaster has an unlimited local network of professionals involved in providing services for the elderly and disabled in the greater Fredericksburg area.
A guardian is a person, named by the court, to make all non-property decisions for the incapacitated person, subject to any limitations in the order of appointment. A conservator is a person, named by the court, to make all financial decisions for the incapacitated person, subject to any limitations in the order of appointment.
In order to be appointed guardian and/or conservator for an incapacitated adult, you must file a petition with the circuit court of the jurisdiction in which the adult resides. At this time, you are referred to as the petitioner and the incapacitated person is referred to as the respondent. For some, this process can be confusing for those who do not have the assistance of counsel. We will guide and counsel the petitioner through the process beginning with the filing of the petition and ending with the petitioner’s appointment as guardian and/or conservator. In addition, we will coordinate with the petitioner for bonding should this be required and will counsel the newly appointed guardian or conservator on his or her duty to file a yearly report with the local social services office (for guardians) and file an accounting with the local Commissioner of Accounts (for conservators). We also provide legal representation to those who wish to contest an appointment of a guardian and/or a conservator for their person and estate.
As an additional service to our clients, we provide each newly appointed guardian and conservator with a copy of The Virginia Handbook For Guardians and Conservators: A Practical Guide For Court-Appointed Guardians and Conservators of Adults which is published by the Virginia Guardianship Association.
In addition to the above services, in special circumstances, we can travel to your home for consultations for those who are immobile or schedule late appointments for those who commute.
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As society has progressed, so has the definition of marriage and family. Many people marry more than once and most often have children from their first marriage. We refer to this as a “blended” family. Later in life, these blended marriages can cause significant legal problems in the context of medical decisions and entitlement qualification, such as Medicaid benefits. Our experience in the areas of Elder Law and Family Law can protect you and your family when facing these unique challenges.
•Prenuptial Agreements and consequences with Medicaid/VA Benefits
• Postnuptial Agreements and consequences with Medicaid/VA Benefits
• Settlement Agreements Agreements and consequences with Medicaid/VA Benefits
•Social Security entitlement based on ex-spouse's work record
•Property rights and obligations for seniors who divorce
•Waivers and disclaimers and effect on entitlements such as Medicaid
•Medicaid and divorce
Life is what happens while we are making other plans. If you know what your legal rights are, you can put the plans in place to protect yourself from life's inevitable surprises.
In addition, we can assist you with drafting of premarital agreements prior to your marriage. A premarital agreement can limit or relinquish certain marital property and support rights that would otherwise be available by virtue of marriage. This type of agreement can be very useful when dealing with a second or subsequent marriage with pre-existing children.
Please contact us for a consultation today.