As a result of various issues associated with the COVID-19 pandemic, the state Medicaid agencies have faced a number of administrative challenges as they addressed a need to modify policies for coverage under their Medical Assistance programs. The Virginia Department…
Author: Shannon Laymon-Pecoraro, CELA
Funding a Special Needs Trust for your Loved One
Many clients are concerned about how they will fund a special needs trust that has been established for the benefit of a loved one. The first step, however, is usually understanding the types of special needs trusts that are available,…
Yes, a GoFundMe Account is a Resource!
Crowdfunding sites, such as GoFundMe, have grown in increasing popularity over the last few years as a way for people, businesses and charities to raise money for an identified purpose. After a traumatic accident or onset of a serious illness,…
Protection of Personal Injury Proceeds in Virginia
One of the unique provisions under Virginia law is the statutory protection of personal injury and wrongful death proceeds against creditors. Specifically, the Virginia Code states that, subject to a few specific exceptions, “all causes of action for personal injury…
Tax Issues Regarding Payment to Caregivers
Most of our clients want to remain in their home for as long as possible, however, many fail to realize that in-home care is often more expensive than care received in community settings. The 2020 Genworth Cost of Care Survey…
Kelly v. Giuliano: Arbitration Provision in a Trust Agreement is Unenforceable
In September, the Honorable Bruce D. White of the Fairfax County City Court issued an opinion that found that a trust is not a contract and, therefore, an arbitration provision contained in a trust agreement is unenforceable. In the underlying…
Directed Trusts: A Modern Approach to Administration
Historically, Trustees retained full authority and liability for the administration of a trust. The Trustee was responsible for managing investments properly, making appropriate distributions pursuant to the terms, and ensuring the necessary reporting requirements, including the filing of taxes and…
Debunking Five Common Medicaid Myths
As an elder law attorney, I often meet with clients who do not fully understand the importance of long-term care planning. Even more frequently, I have conversations with clients about various misconceptions they have about Medicaid. Having an attorney who…
Elder Law Related Updates in 2020
Every July, various amendments to the Virginia Code go into effect. This year, several notable changes to the law impact various areas of elder law, a summary of which are as follows: The state police must develop the Virginia Missing…
