Elder Law

Elder law focuses on the legal needs of seniors and people with special needs. People experiencing an impairment in mobility or mental capacity may need special housing accommodations, a guardian or conservator to manage affairs, or public benefits. Often, they recognize a need to update estate plans.

The Law Office of Maria T. Patente PLLC offers legal services to assist seniors and their loved ones. Call for a free initial consultation about your circumstances.

• Estate Planning
• Guardianship & Conservatorship Proceedings
• Medicaid planning
• Senior Housing and In-Home Services
• Elder Fraud Recovery

Elder Law- Becoming a Guardian or Conservator

When a person becomes unable to care for herself or himself prior to signing a power of attorney or medical directive, guardians or conservators is usually needed to manage affairs. Incapacity is defined in the Virginia Code. It means that a Court has determined that a person can not receive or evaluate information sufficiently to meet basic needs for health, care, and safety.   The person suffering from the impairment is called the respondent. The person who begins the case is called the petitioner.

Procedure of Guardianships or Conservatorships

The Virginia Code sets forth numerous requirements for a petitioner who seeks to become a guardian or conservator for an adult. The petitioner must request that the court appoint a Guardian Ad Litem “GAL” to advocate for the best interests of the respondent. A medical professional must evaluate the alleged impaired person and write a report that describes their medical condition and capabilities for self-care. In addition, the petitioner must send notice to members of the respondent’s family.

Roles of Guardians and Conservators

The conservator manages the financial matters for the incapacitated person. The Court usually requires the conservator to post a bond with surety and to file annual accountings. The guardian is responsible for making living arrangements and finding appropriate services. The Court may require the guardian to file annual reports that show that the guardian has hired appropriate services.

Guardianship and conservatorship proceedings can be complicated. The guardian and conservator need the Order to be well written. This reduces the likelihood that they will need further court invovelement.

If you are concerned that a friend or family member is unable to care for himself, consult a lawyer. The Law Office of Maria T Patente PLLC offers a free initial consultation.

Medicaid Planning

As life expectancies and the price of long-term care increase, so does the need for Medicaid planning. Nursing home prices and rehabilitative care often approach $8,000 a month or more. At that rate, even people with substantial resources may need assistance in paying for basic care.  It can be a difficult or dangerous situation to have insufficient funds to pay for necessary services.

Several complex federal and state laws control Medicaid eligibility. The Department of Medicaid Assistance Services (DMAS) publishes its policies in the Virginia Medicaid Manual. Social Security laws govern most of Medicaid.  DMAS oversees and administers the Medicaid program to determine initial eligibility and annual eligibility renewals.

Medicaid eligibility involves three components:  income eligibility, resource eligibility, and transfer eligibility.  An applicant must not have made “uncompensated” wealth transfers within 5-years of the application date.   The rules differ based on the category of applicant and marital status. For married couples, financial criteria also depend on the whether one or both spouses need Medicaid.

Several Medicaid strategies can expedite financial assistance or preserve wealth. Strategies are based on specific rules described in the Virginia Medicaid Manual. Some strategies involve converting assets into income. Other strategies shift income between spouses. Sometimes, family members or friends are willing to participate to expedite Medicaid payments.  The appropriate strategy depends on the unique situation of the applicant and his or her family.

Medicaid Penalties

Medicaid penalties usually do not disqualify a person from Medicaid completely. Instead, penalties delay financial assistance. The cost of the delay in payments closely approximates the amount of the uncompensated transfers that caused the penalty.

Medicaid Planning Pays

Medicaid planning services can benefit people who are “categorically needy”, “medically needy”, or those planning far in advance. Categorically needy people meet all of the non-financial and financial tests to receive full benefits. Medically needy people lack enough income to pay for all of their long-term care, and Medicaid covers the gap between their income and expenses. People planning for Medicaid more than five years in advance can utilize techniques that preserve wealth.

  If you or a loved one will need Medicaid to pay for long term care, call the Law Office of Maria T. Patente PLLC. Learn about your options and start a plan to enjoy your senior years.

Senior Housing and In-Home Services

As people age, housing needs change. Aging adults usually progress from needing occasional help to possibly needing assistance all day and all night long. Numerous legal contracts must be reviewed in order to obtain this assistance.

Those living in rented homes may require new accommodations for walkers, wheelchairs,  or chairlifts.    Some financial and legal documents that require careful review include reverse mortgages, promissory notes, insurance policies, assisted living arrangements or skilled nursing facility contracts. 

Long-Term-Care insurance policies may pay a portion of expenses for in-home care. However, insurance companies may need to be pressured into paying.  A combination of insurance, housing subsidies, adult daycare or other services may enable elderly people to enjoy living in their homes. 

Contact the Law Office of Maria T. Patente PLLC if you are planning for your own housing or finding a home for a someone else. Use the law to age with comfort and peace of mind in your senior years.

Elder Fraud Recovery

Virginia law includes incentives for attorneys to assist seniors that have been victimized by fraud. The Virginia Code allows attorneys to collect their fees from defendants when seniors prevail in fraud lawsuits.   If you or a loved-one have been the victim of elder fraud, call the Law Office of Maria T. Patente PLLC  to arrange a consultation.

DISCLAIMER: Content on this website is provided for informational, educational, and marketing purposes only, and does not constitute legal advice. If you seek legal advice on a specific situation, you should contact an attorney.