Virginia Elder Law Attorneys

Comprehensive Support in Virginia Beach, Williamsburg, McLean & Washington, D.C.

In the United States, the average lifespan has greatly increased during the past few decades. With this increase in longevity come various issues, which have led to the development of a new area of law specifically focusing on the elderly population. Elder law is a combination of estate planning, long-term care planning, asset protection, and veterans benefits planning. J.S Burton has a wealth of knowledge and experience in all aspects of elder law and regularly represents clients in this area, guiding them through the complexities of Medicaid planning, guardianships, and more. We are dedicated to providing our clients with not only legal solutions but peace of mind.

Now that people are living longer, often well into their 80s and 90s, it has become more likely that an individual will need long-term medical care in the future. Unfortunately, long-term care is extraordinarily expensive, and an individual could easily deplete their life savings in a matter of months when paying for such services out-of-pocket. If a person is unable to pay for this care, their assets will be liquidated, or the money may be taken out of their estate upon their passing. It is essential for individuals to engage in proactive planning with an elder law attorney in Virginia Beach to protect their assets and secure the necessary care without compromising their financial legacy.

Medicaid Planning with an Elder Law Lawyer in Virginia Beach

Luckily, there is a way to plan around this long-term care problem. Medicaid is a government-funded healthcare plan available to those who qualify. Medicaid will cover an enrollee’s long-term care expenses. However, because it is a means-tested program, many must spend down or move assets around to qualify. 

J.S. Burton is skilled at working with clients to make them eligible for Medicaid. We can do this either as a precautionary measure, taking into account the five-year look-back period during which Medicaid will scrutinize financial records for improper transactions that may result in a penalty, or in a crisis situation where a person needs long-term care as soon as possible. 

We regularly work with clients on Medicaid-related matters, allowing them to maintain control of their assets and preserve them for the benefit of loved ones while still qualifying for Medicaid. Additionally, our approach includes reviewing and reorganizing assets, ensuring compliance with regulations, and crafting personalized strategies catering to each client's unique financial landscape.

Incapacity, Guardianships & Conservatorships in Virginia

It is also important to realize that living longer increases the chance that a person might become incapacitated at some point in their life, becoming unable to handle their personal, financial, or medical affairs. With a comprehensive estate plan that includes a durable power of attorney and advance medical directive, an agent can take over the person’s care automatically, should the need arise. Without these plans, individuals might face more complicated legal processes to ensure their affairs are managed according to their wishes.

Many people do not have an estate plan, necessitating guardianship or conservatorship proceedings. In Virginia, a guardian handles a person’s personal and medical affairs, while a conservator handles a person’s finances. Either one can have complete or limited control over the matters in question. To appoint a guardian or conservator, a proceeding must be filed in the Virginia Circuit Court. Our Virginia elder law attorneys regularly handle these cases on behalf of incapacitated individuals, providing compassionate and informed guidance during what is often a difficult time for families. 

Local Regulations & Challenges for Elder Law in Virginia

Virginia presents its own unique set of regulations and challenges regarding elder law, partly due to its diverse population and regional differences. For instance, navigating the local Medicaid eligibility requirements can be particularly complex. At J. S. Burton, P.L.C., we help clients understand these regulations specific to Virginia, guiding them in meeting the necessary criteria.

Additionally, legal advocacy for elderly citizens involves addressing regional housing and healthcare options, which may differ significantly across cities like Virginia Beach and smaller towns. Our attorneys are well-versed with Virginia's laws, including nuances such as filial responsibility laws, ensuring clients face fewer hurdles while planning for long-term care.

FAQs About Elder Law in Virginia

What Are the Key Benefits of Elder Law Services?

Elder law services aim to offer comprehensive solutions for the aging population, focusing on safeguarding assets, securing healthcare options, and planning for a fulfilling, independent lifestyle. They include creating wills, trusts, and advance healthcare directives to ensure your assets are distributed according to your wishes. By addressing long-term care planning and possible guardianship issues, elder law services can provide peace of mind and security for families and their loved ones in Virginia.

How Does Medicaid Planning Affect Estate Planning?

Medicaid planning is a critical part of broader estate planning, particularly for those anticipating long-term medical needs. Proper Medicaid planning can protect assets from being used to cover expensive healthcare costs, thus preserving a legacy for descendants. It involves strategic structuring of assets to qualify for Medicaid while fulfilling estate wishes. 

Why Is Estate Planning Important for Virginia Residents?

Estate planning is vital for Virginia residents due to state-specific laws that can impact the distribution of assets and the establishment of healthcare proxies. Proper planning ensures that your assets are managed and distributed according to your wishes, minimizing conflicts and legal challenges for heirs. Moreover, Virginia's filial responsibility laws may affect family members, making well-structured plans essential to prevent unexpected liabilities.

If you are interested in how elder law can help you protect assets and assist in obtaining governmental benefits, contact the attorneys of J.S. Burton at (888) 885-9001 for a consultation.