31st Annual Advanced Elder Law Update

Review the new cases, statutes, regulations … What bills passed and failed in the 2022 Virginia General Assembly in the guardianship field.          

This discussion will address Medicaid Asset protection planning for blended families/second marriages; marital and premarital agreements; Medicaid divorce; divorce and the special needs spouse; divorce and the special needs child (effect on public benefits during minority vs. as an adult); guardianships; and adult adoptions.

This presentation is designed to offer an overview of available community and online resources for the Virginia elder law practitioner. Many of the services and programs available to elder law clients have complicated bureaucracies behind them, and unless you have had personal experience with the programs, figuring out how they work can be daunting. Good resources are often available through advocacy organizations or the government agencies themselves, and the goal of this program is to help the practitioner get pointed in the right direction.

An unfortunate feature of modern life is the ubiquity of cybercrime. With the increasing sophistication of cybercriminals, it is imperative that practitioners take steps to protect themselves and their clients. To help practitioners think about what steps to in fact take, this presentation will: first, provide background to the variety of cyber-criminal activity that can occur; second, discuss the ethical responsibilities that are implicated by cybercrime; and third, offer resources and suggestions for practitioners to consider.

No one lawyer has encountered every drafting question, so advanced practice includes having an encyclopedia of “how-to” forms available to minimize the number of times you’re re-creating the wheel. Carolyn White will lead a panel discussion of fact patterns that illustrate how to match clients’ stated goals with their desired outcomes.  Attendees will learn how to accomplish those goals using strategies for drafting wills, trusts, powers of attorney, and deeds in order to manage the intended beneficiaries’ known and unknown vulnerabilities—hopefully without invoking the Law of Unintended Consequences.

The speakers will discuss the methods to properly fund revocable and irrevocable trusts. This session will explore the different options, laws, and restrictions surrounding funding trusts with various types of property, including real property, business interests, intellectual property, retirement accounts, life insurance, financial accounts, tangible personal property, and more. The discussion will also include creative funding techniques to accomplish unique goals and other tips to help ensure a smooth post-death administration.