29th Annual Advanced Elder Law Update Seminar

Mental capacity, that is, sufficient decision-making or cognitive capacity, is a fundamental factor in the practice of Elder Law that you are likely to run into nearly every single day. Determination of capacity is tricky. Who makes the determination? What is the doctor’s role? The lawyer’s? What are some of tools we can apply, and when is it beyond the scope of our skills to do so?  What is my responsibility to a client whose mental status is in decline? This session will provide answers to many of these questions and provide everything from the most basic principles related to mental capacity, to thoughts on some of the most complex situations we are likely to face as Elder Law attorneys.

Can we grant individuals with special needs an autonomous life with Supported Decision-Making and the protections of guardianships?  What are the pros and cons?  Can Supported Decision-Making and guardianships work together?

Counseling clients who have been married for 50 years that their best hope to protect assets from a nursing home is to divorce can be … touchy. For many married Virginians, though, the requirement to divorce may now be unnecessary due to new planning techniques for ERISA-protected assets and income streams.

Many elder law clients, particularly older ones, may have a difficult time thinking of someone to serve as a fiduciary under a will, power of attorney, or advance medical directive, and will ask the drafting attorney to serve. Sometimes attorneys are appointed as guardian or conservator either for their clients or for others. Should an attorney take on the role of fiduciary? If an attorney does take on the role of fiduciary, what ethical obligations or pitfalls arise? Are your decisions acting as a fiduciary covered by your malpractice coverage? This session will discuss the wisdom and practicality of having an LEO 1515 letter in place with the client.