32nd Annual Advanced Elder Law Update Seminar 2023

Review the new cases, statutes, regulations … What bills passed and failed in the 2023 Virginia General Assembly in the guardianship field.

As an elder law attorney, it is inevitable that your clients are going to ask you about taxes. In this area of practice, we need to be knowledgeable about different kinds of taxes—estate and gift, probate and income. Not only is this knowledge handy when fielding clients’ questions, but it is crucial to understanding the tax implications of the plans we design as well as the advice we give to executors and trustees as they administer estates and trusts. This session will provide a refresher on the current tax laws as they relate to estate planning, including a high-level overview of the Secure Act’s impact on planning with retirement assets, as well as the income taxation of trusts and estates.

Elder law attorneys encounter challenging ethical issues with extraordinary frequency compared to other practice areas, but there are sources for the diligent to identify and resolve them favorably. This session will explore the rarified air between the mandatory requirements under the Virginia Rules and the thoughtful guidance in the Aspirational Standards developed by the National Academy of Elder Law Attorneys.

This session will be a discussion of the applicable statutes, case law, and practical considerations relevant to a contested guardianship/conservatorship action in Virginia. It will include a review of the nuances of the roles of petitioner’s counsel, respondent’s counsel, the guardian ad litem, and defense counsel. Presenters will provide guidelines to help you navigate contested trials from the filing of the action through the trial.

During COVID, there was noteworthy disagreement in Virginia, and across the nation, regarding what treatments were appropriate and effective for COVID patients. Ambulatory patients were free to seek the care of physicians, who were using treatment protocols, in which the patients had confidence. However, some hospital patients, who were diagnosed with COVID, encountered newly created hospital policies that denied them, and their physicians, the right to try medical protocols that were contrary to hospital policy. What happens when a patient, their agent, and even the patient’s hospital physician come into disagreement with a hospital regarding the patient’s health care or treatment? If a surrogate decision-maker sought your advocacy for a patient, in the midst of this type of exigent circumstance, what legal authority is readily available to assist you with the process of addressing your client’s legal goals and concerns? This session will discuss Virginia cases that occurred in the midst of COVID, along with the applicable legal authority for serving clients who may face these types of unenviable situations should a future crisis occur.

This session will cover the recent updates that have been incorporated into the Program Operations Manual System (POMS), the controlling documents for special needs trusts.

Socialize with fellow attendees and presenters!