ELDER

LAW

A supplement to Virginia Lawyers Weekly

VIRGINIA ACADEMY
OF ELDER LAW ATTORNEYS
Virginia Chapter of NAELATM

National Academy of Elder Law Attorneys

Page B-2 | Virginia Lawyers Media, February 22, 2016

valawyersweekly.com

VAELA

TM

VIRGINIA ACADEMY
OF ELDER LAW
ATTORNEYS
Virginia Chapter of NAELA
National Academy of Elder Law Attorneys

TM

VAELA Presidents Message

From Loretta Morris Williams
The Virginia Academy of Elder Law Attorneys VAELA is a chapter of
the National Academy of Elder Law Attorneys. VAELA is leading the way
in elder law and special needs planning in Virginia! Founded in 2002, VAELA has more than 160 members throughout the Commonwealth. VAELAs
mission is to educate, inspire and empower legal representation of elderly
and disabled clients and their families, and to advocate their issues before
courts and legislatures.
The practice of elder law is both broad and deep. Clients face a broad array
of planning issues as they age, including health and long term care coverage,
retirement planning, and housing. Elder law attorneys tend to focus their practices on specific issue areas, such as estate planning, long term care planning,
guardianship/conservatorship and fiduciary litigation. The breadth and depth of
knowledge of VAELA members is evident in the articles in this section.
Clients are sometimes surprised when they are referred to an elder law
attorney for assistance with planning for children and younger adults
with special needs. While the populations are different, the laws affecting
younger and older adults are similar. The laws governing guardianship and
conservatorship are the same for adults of all ages. Financial eligibility
rules for Medicaid long term services and the framework for special needs
trusts are similar, with some important distinctions. Elder law attorneys
who offer special needs planning assist families with eligibility for public
benefit programs, protecting an inheritance for their children, preparing
powers of attorney for adults with special needs, or bringing guardianship/
conservatorship actions for adults who are incapacitated.
VAELA helps its members hone their skills as elder law attorneys and
increase their knowledge base on aging issues and special needs planning.
We sponsor ongoing legal education, including an annual UnProgram.
The UnProgram provides our members with a two-day collegial forum to
discuss any issues and questions that are relevant to the practice of elder
law, and in-depth discussions of recent changes in the law. The UnProgram
also provides an unparalleled opportunity for new elder law attorneys to
participate in discussions with the best and brightest of the Virginia elder
law field, to better understand such topics as Medicaid planning, special
needs trusts, nursing home admissions and discharges, estate planning,
guardianship and protective proceedings, fiduciary litigation, and much,
much more.
Some of our members have voluntarily earned the Certified Elder Law
Attorney (CELA) designation from the National Elder Law Foundation.
Attorneys with the CELA designation have practiced law for at least five
years, demonstrated focus in elder law/special needs for at least three years,
maintained a high level of CLE credits on elder law/special needs topics,
undergone peer review, and passed a full-day, rigorous written examination. The National Elder Law Foundation is accredited by the American
Bar Association. There is no procedure in the Commonwealth of Virginia
for approving certifying organizations.
We hope you will find the articles in this supplement interesting and informative. VAELA welcomes attorneys who are entering the fields of elder
law and special needs planning, whether as an initial area of practice or a
new focus for an experienced attorney. Visit www.vaela.org to learn more
about VAELA or to find a member attorney in your area.

Sponsor of the
Viriginia Lawyers Weekly
Elder Law Issue

Protect your home from

costs of long-term care
By Andrew H. Hook, CELA, AEP, CFP

While many clients wish to remain

in their home as they age, with the
intent to leave it to their children at
their death, there is often a concern
that should they suffer a disability
that requires nursing home stay
that they will be unable to afford
the cost of care.
If the client is married, they are often also concerns about impoverishment
of their spouse as a result of their care
needs. Statistically, two-thirds of people over age 65 will need long-term care
services. Expenses associated with longterm care are very high, averaging $16 to
$20 per hour for in-home care, $40,000 to
$50,000 per year for cost associated with
an assisted living facility and $75,000 to
$85,000 per year for care in a nursing
home. Quite often the lifetime savings
of an individual are insufficient to cover
these long-term care costs and a longterm care policy may not provide sufficient coverage to protect against the utilization of personal assets. Balancing your
financial independence while protecting
your assets via proper public benefits
planning can be complex. To offset the
expensive cost of long-term care, an individual may, instead, need to rely on Medicaid or the Aid & Attendance Benefit, a
tax-free pension benefit offered by the
Department of Veterans Affairs. However, both of these benefits are means-tested, which will require disclosure of assets
during the application process.
Most often, the equity in an individuals home accounts for a large percentage of their net worth, with the median
Americans net worth consisting almost
entirely of home equity. In Virginia,
home equity becomes a resource for determining Medicaid eligibility if the client must seek long-term care in a facility, although an exception exists for the
first six months an individual is institutionalized and when a spouse remains
in the home. If the client obtains care
in his home, the state may seek reimbursement from the equity in the clients
home at his or her death.
Long-term care cost can jeopardize an
individuals estate plan, but with proper planning, individuals can protect
their home from long-term care expenses, safeguard against mismanagement
during a period of incapacity, shelter assets from creditors, and reduce probate
expenses at death.
A trust is an agreement between the

grantor who funds the

trust with his house,
and the trustee who
will manage the trust,
pursuant to the terms
of the trust, for the
benefit of the beneficiary(s). While the
client can neither revoke nor amend the
trust and is unable
HOOK
to retain a right to
distributions from the
trust, the client can retain control over
the house during his or her lifetime. With
a properly drafted trust agreement, the
client can retain the power to remove and
replace the trustee, the right to reside
in the home and approve any sale of the
home during their lifetime, and the right
to direct the distribution of trust assets
at the clients death. You may also be entitled to the income from the trust, depending on how the trust is drafted.
The transfer of the home to the trust
will be considered an uncompensated
transfer, or gift, and result in a penalty
period for Medicaid eligibility purposes
within the five years after the house was
transferred to the trust. If an individual
gets through the five-year look-back period without the need for Medicaid coverage, the individual will escape the transfer penalty, and the home will not be a
resource for the future. In the event the
grantor needs care within the five-year
look-back period, the trust beneficiaries,
or another family member, may finance
the interim care. An additional benefit
is that, because of the rights preserved
within the trust agreement, the home
will remain eligible for real estate tax relief, the sale of the home by the trust will
qualify for $250,000 tax exemption and,
at the grantors death, the beneficiaries
will obtain a step-up in basis for income
tax purposes and the transfer will occur
outside of probate.
With effective prior planning an individual can have his cake and eat it
too, but it is imperative that an expert
experienced in elder law draft the trust
to ensure compliance with Medicaid requirements. To maximize your benefit,
you should make sure that your trust is
funded sooner, rather than later, so as to
initiate the Medicaid imposed five-year
look-back period in anticipation for your
future need of long-term care services.
Andrew H. Hook, CELA, AEP, CFP
practices law with the Hook Law Center
in Virginia Beach.

valawyersweekly.com

Virginia Lawyers Media, February 22, 2016 | Page B-3

A fast primer: the

lawyer as fiduciary
By Kenneth Labowitz

Lawyers routinely serve in fiduciary

capacities, both as a logical extension of a continuing representation,
and as a neutral professional serving in a circumstance in which no
family member is willing or able to
serve. Such service for the attorney
implicates a number of ethical issues, some common to all fiduciaries and others particularly applicable to the attorney as fiduciary.
Any person serving as a conservator is
deemed a fiduciary, both by case law and
by statute. See Virginia Code 8.01-2(2)
(g); 64.2-100; 64.2-1000; 64.2-2021(D).
There is an interesting question whether the omission of the status as attorney-in-fact from the list of those defined
as fiduciaries as a matter of law in 8.012 serves to exclude agents under powers
of attorney. Case law makes the leap to
impose the obligations of a fiduciary over
those in a special or confidential relationship, including persons serving as
agents under powers of attorney.
In Virginia, a confidential relationship
sufficient to impose fiduciary obligations
can arise from a family relationship and
certainly from an attorney-client relationship. Nicholson v. Shockey, 192 Va.
270, 64 S.E.2d 813, 817 (1951). In Creasy
v. Henderson, 210 Va. 744, 173 S.E.2d
823, 828 (1970), the Supreme Court specifically found that fiduciary obligations
arise from the principal-agent relationship created under a power of attorney.
See also Oden v. Salch, 237 Va. 525, 379
S.E.2d 346, 351-352 (1989) and Koury v.
Rossi, 33 Va.Cir. 460 (Richmond Cir. Ct.
1994), to the same effect.
A brief review of these opinions ought to
convince any prospective fiduciary of the
need for extreme care in self-dealing with
the principals assets. The actions of the fiduciary in conducting business and financial affairs for the principal are scrutinized
with what can be gently termed a critical
eye. The need for strict accounting and
records of all funds passing through the
fiduciarys hands is a paramount concern
for the courts reporting decisions in which
claims have been raised against a fiduciary.
Mention has to be made of the Uniform
Power of Attorney Act, Virginia Code
64.2-1600 through -1642, adopted in Virginia in 2012. The Act does not define
the agent under a power of attorney as
a fiduciary. However, there are specific
provisions delineating the obligations
imposed on the agent under a power of
attorney, and imposing on the agent personal liability for breach of these obligations. 64.2-1615.
One duty imposed on the agent is the
duty to maintain a record of all transactions conducted on behalf of the principal, 64.2-1612(B)(4), which is consistent
with the imposition of a requirement for
accounting in other fiduciary matters.
Three separate Code provisions impose
the duty for accounting on a fiduciary beyond the statutory duty for an agent under a power of attorney:
8.01 - 31;
11 - 9.6; and
64.2 - 1204.
There are no reported decisions describing the interplay among these provisions,
but the point is clear that a fiduciary must
be prepared to report in detail as to the financial transactions made on behalf of the
principal or ward.
The reported decisions from the past
seem quaint as to the modest amounts
of money involved in serious litigation
against a fiduciary, litigation extending
to the Supreme Court of Virginia. In todays dollars, the sale of a typical house
in Northern Virginia may produce proceeds that dwarf all of the funds at issue
in the reported cases from the past. As

the stakes increase,

the possibility of
claims and litigation
over fiduciaries actions must also increase. The burden is
entirely on the fiduciary in any claim for
an accounting. In an
action for an accounting, the agent has
the burden of prov- LABOWITZ
ing that he paid to
the principal or otherwise properly disposed of the money or other thing which
he is proved to have received from the
principal. Bain v. Pulley, 201 Va. 398,
111 S.E.2d 287, 291 (1959), quoting
Restatement (2d) of the Law of Agency, Vol. 2, 399, at 233. In Virginia,
self-dealing by a fiduciary results in a
presumption of fraud. Al-Abood ex rel.
Al-Abood v. El-Shamari, 217 F.3d 225,
235 (4th Cir.2000), citing Econompoulos v. Kolatis, 528 S.E.2d 714, 718 (Va.
2000) and Oden v. Salch, supra. To say
the least, these presumptions would be
that much more powerful where the fiduciary is a lawyer.
In McClung v. Smith, 870 F.Supp. 1384
(E.D.Va. 1994), Judge Robert E. Payne
provides an instructive opinion on the obligations imposed on a fiduciary, in this
case a lawyer who handled the family finances for his wife. In a situation complicated by an intervening divorce and malpractice committed by the wifes divorce
lawyer, Payne examines the burdens of
proof and the establishment of damages
for the husbands breach of his fiduciary
duty to his wife. Note that the husbands
fiduciary duty arose from his role as a financial manager, not as an attorney.
Lawyers serving as fiduciaries have a
difficult time separating the role of attorney from that of conservator or attorney-in-fact. Strictly speaking, is the attorney representing the principal or the
ward as a lawyer, or is the individual who
happens to be an attorney serving in a
fiduciary capacity? This may be a distinction without a difference in most instances, but some interesting problems may
arise: is the lawyer/fiduciary in a confidential relationship with the principal/
ward, such that whatever is said to the
lawyer is privileged? Is a creditor dealing
with the lawyer/fiduciary restricted in
calling the principal/ward/debtor as the
creditor would be if the debtor was represented by the lawyer?
Note that there is a specific provision,
Rule 1.14(b) of the Virginia Rules of Professional Conduct, that authorizes the
lawyer in a representational relationship
with a client to use information obtained
from that relationship to seek a guardianship or conservatorship for the client.
While there is explicit ethical authority
to so act, this is a situation that may not
leave the client happy with the lawyer.
The potential for personal civil liability for breach of fiduciary duty by a
lawyer acting as attorney-in-fact or conservator is matched by the prospect for
disciplinary action under the Rules of
Professional Conduct. In addition to the
provisions of the Rules previously noted, and the statutory and common law
obligations for accounting, any attorney
serving as a fiduciary has to be conversant with the obligations imposed by
Rule 1.15. Explicitly applicable to situations in which lawyers serve as fiduciaries (although the Rule assumes that
the term guardian means a fiduciary
with control over assets), the Rule sets
out in great detail the requirements for
accounting for funds and for safeguarding of property belonging to others with
whom the attorney serves in a fiduciary
relationship. The provisions of the Rule
are well worth study before an attorney
embarks on service as a fiduciary, partic-

n See FIDUCIARY on PAGE B-8

Page B-4 | Virginia Lawyers Media, February 22, 2016

valawyersweekly.com

Medicaid basics for the senior citizen

By Elizabeth McMaster

Medicaid is a needs-based health

and medical services program with
oversight provided by the federal
government; however, each state
administers its own program and
eligibility standards.
In Virginia, Medicaid rules and regulations (as are discussed in this article) are
found in the Virginia Medicaid Manual,
containing over two thousand pages and
updated twice a year. Eligibility is determined by the local Department of Social
Services. This article will focus on Medicaid for folks who are over the age of 65
who may need long-term care.
In Virginia, in order to be eligible for
Medicaid long-term care assistance, six
tests must be met. First, the individual
applying must be a Virginia resident at
the time the application is filed; however, there is no specific length of time required as a Virginia resident. Next, the
applicant must be part of a covered group
(i.e., aged, blind, disabled or otherwise
in need medically). Third, the applicant
must meet certain criteria known as
average daily living skills. Fourth, the
applicant must meet income standards
which are currently set at three times
the maximum Supplemental Security
Income rate per month. If the applicants
income is more than this amount, he or
she may still be eligible if his or her medical expenses exceed this income amount
on a monthly basis. The fifth test is the
resource eligibility amount which is currently set at a $2,000 maximum in countable resources for the applicant. Several
exclusions apply such as a personal vehicle, pre-paid burial arrangements, life
estate interest in real property, and the
applicants personal residence if married
or otherwise excluded, among several
other exclusions. The sixth and final test
is the asset-transfer evaluation and this
is where otherwise eligible people frequently get in trouble. Most applicants
who apply for Medicaid meet the first
four tests without a problem. Tests number five and six above; however, are tricky
if you do not know the rules.
A Virginia applicant for Medicaid assistance cannot have more than $2,000
in countable assets in her or her name.
When the applicant applies for Medicaid assistance, he or she must report
all money on hand, stocks, bonds, annuities, life insurance policies, trusts, and
real property among other assets owned
by the applicant.
All assets are considered countable
assets except for those that fall under
one of the exclusion rules. Excluded assets include personal items such as jewelry, household furnishings and collectibles, one automobile, the applicants

personal residence (with limitations),

some commercial property, prepaid
burial arrangements or a burial savings account, term life insurance policies, life estate in real property, Special
Needs Trusts, and any assets that are
considered excluded for another reason.
If an applicant owns
his or her home and
applies for Medicaid
long-term assistance,
the home will not be
considered a countable resource until the
applicant has been
in a hospital and/or
nursing home continuously for six months.
After the six months McMASTER
lapses, the home may
at that time become a countable resource,
unless the residents spouse or other dependent relatives such as a disabled child
live in the residence as well. If the home
becomes a countable asset, the eligibility
rules require that the home be put on the
real estate market for sale at the tax-assessed value. This is generally the case
where a single applicant has no (or few)
liquid assets and would need to sell the
home in order to pay for long-term nursing home care. If the liquid assets are few
to none, the applicant will usually be approved for Medicaid pending the sale of
the home.
A married applicant (where the spouse
resides in the home) or applicant who has
a dependent adult in the home will have
the home excluded as a countable asset
even after the six months run. For our
purposes, I am going to focus on the scenario where the Medicaid applicant has

a spouse who remains in the residence.

The spouse is referred to in Medicaid
lingo as the community spouse. The
spouse of a married applicant is permitted to keep one-half of the couples combined assets up to $119,220 (currently)
which is referred to as the Community
Spouse Resource Allowance. The current
minimum CSRA is $23,844. These figures
are calculated using the snapshot date.
The snapshot date is the first day of the
month of institutionalization of the nursing home spouse: Mediciad will determine
the value of all assets held by either or
both spouses on that date, and divide that
value by two. The community spouse
may keep one-half of the assets, up to a
maximum of $119,220, and the Medicaid
applicant may keep $2,000. If the assets
exceed these numbers, the applicant will
not qualify for Medicaid until the assets
are reduced. Once the institutionalized
spouse qualifies for Medicaid, however,
the community spouses resources will no
longer considered available to the institutionalized spouse.
In some circumstances the community spouse may also be entitled to some of
the income received by the institutionalized spouse. The Department of Social Services will compute this amount
which is known as the Minimum Monthly Maintenance Needs Allowance. This
current allowance amount ranges from
a minimum of $1,991.25 per month to a
maximum of $2,950.50 per month.
If the applicants income and assets are
within the requirements of the Medicaid
eligibility rules, then the inquiry turns to
the sixth and final rule for Medicaid eligibility: whether the applicant or spouse
has transferred any assets for less than

fair market value within the five years

immediately before applying for Medicaid benefits. This is referred to as the
Look- Back period. The rule is simple: if
an applicant has applied for and is otherwise eligible for Medicaid benefits, but
has made a gift or uncompensated transfer within the five years (60 months)
immediately preceding the date of application, the applicant will be disqualified
from receiving benefits for a specified
length of time referred to as the penalty period. The penalty period begins
when an applicant is otherwise eligible
for Medicaid but for the penalty period.
This period of ineligibility is expressed in
months by dividing the value of the gifts
or asset(s) transferred by the average
monthly nursing home cost in Virginia as
set by the Department of Social Services.
For purposes of this calculation, the Department of Social Services uses an average monthly nursing home cost of $8,367
in Northern Virginia and $5,933 in the
rest of the state. In essence, the rules
provide that the applicant will be disqualified from receiving benefits for the
period of time that represents the number of months that the transferred assets
would have paid for, if the assets had not
been transferred. As with any rules, there
are exceptions that can be found in the
Virginia Medicaid Manual.
An elder law attorney can assist potential Medicaid applicants in determining
whether there are likely to be any impediments to eligibility, and in determining
the best options and strategies to address
those potential impediments.
Elizabeth McMaster practices law in
Fredericksburg.

Virginia leads nation after passing ABLE Act

By Ann McGee Green

In December 2014, after years of

advocacy by disability organizations, The Achieving a Better Life
Experience Act of 2014 (commonly
referred to as the ABLE Act) was
signed into law. In March 2015, Virginia became the first state to enact the ABLE Act. This legislation
will provide a new tool for those
with special needs to save assets
while preserving eligibility for government benefits.
The Act was first introduced in Congress in 2008. The original bill paralleled
the Internal Revenue Code Section 529
provisions that provide a way to save
money for education in a tax-favored

manner. Many advocates for those with

disabilities
wanted
a similar vehicle for
persons with special
needs to be able to
save resources, but
in a way that would
not endanger eligibility for public benefits.
Over the years, the bill
was amended and was GREEN
eventually passed late
in 2014. The final version does not create
a sweeping change as was hoped by the
original supporters. It does, however, provide a vehicle to save limited assets for
those receiving public benefits without
jeopardizing their eligibility for Supplemental Security Income, Medicaid, food
stamps, Section 8 housing or other means
tested public assistance programs.
Under the terms of the law, a person of

any age may establish an ABLE account

if the onset of their disability was prior
to age 26. Only one account per person
is allowed. Each calendar year the federal annual gift tax exclusion amount,
currently $14,000, may be placed in an
ABLE account. The deposits, like their
529 counterparts, are not tax deductible.
Amounts up to $100,000 will not affect
SSI eligibility. The maximum that can be
held in an ABLE account is the same as
Virginias maximum for college savings
plans, namely 529 accounts.
The accounts will be permitted to grow
income tax-free if used for approved
disability related expenses. Qualified
disability expenses include: education,
housing, transportation, employment
training and support, assistive technology, personal support services, health,
prevention and wellness services, financial management and administrative services, legal fees, expenses for oversight

and monitoring and funeral and burial

expenses. Ironically, 529 accounts established for a beneficiary cannot be rolled
into an ABLE account under the proposed regulations without penalties and
negative tax implications.
Another drawback of these accounts is
that there must be a Medicaid payback
to the Commonwealth at the death of the
beneficiary, no matter the source of the
contribution. This is not true of Third
Party Special Needs Trusts. These types
of trusts are used regularly by attorneys
in estate planning to provide supplemental resources for a disabled person that
will not affect public benefit eligibility.
Third Party Special Needs Trusts have
broader distribution allowances, and
can leave the residuary assets to other
beneficiaries when the disabled love one
dies. In addition, there are no limits to

n See ABLE on PAGE B-8

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Virginia Lawyers Media, February 22, 2016 | Page B-5

Minimizing your digital footprint after death: planning techniques

By Julianne M. Blake

A trending theme in Virginia, and

all states for that matter, is the need
to address digital assets during the
estate planning process and after
death. It is critical for estate planning attorneys to stay up to date
on legislation and online providers terms and policies that affect
their clients digital assets. Many
states have now adopted laws that
allow personal representatives or
fiduciaries (i.e. executors, trustees,
administrators) to access, modify, and close digital assets of the
decedents estate, while still maintaining privacy and protection.
What exactly is a digital asset? While
there is no uniform definition, a few generally accepted examples are digital photos,
books, videos and music, software, online financial accounts, digital currency (i.e., Bitcoin), e-commerce accounts, social media
accounts (i.e. Facebook, Instagram, LinkedIn), emails, and even text messages.
Over time, people have become reliant
on technology in their everyday lives. As
their digital footprint has grown with
online banking, social media, and e-commerce, so has the quandary of minimizing their digital footprint after death. The
vulnerability of e-commerce and other
online accounts exposes the contents to
potential hackers. A hacker may easily
breach a decedents account to steal personal information or make purchases,
thus creating a huge headache for the
personal representative, or even worse,
liabilities for the estate.

State and provider responses

Until recently, personal representatives

have found themselves shut out of a decedents estate even if they provided Letters
of Testamentary or trust documents certifying their position. The General Assembly of
Virginia enacted The Privacy Expectation
Afterlife and Choices Act (Virginia Code
64.2-109 et seq.) to combat this issue. The
Act became effective on July 1, 2015, and
allows a personal representative to gain access to a decedents digital assets. The Act
stems from an earlier law which addressed
access to a deceased
minors digital assets.
The General Assembly
saw the need to expand
the existing legislation
to adults, as they undoubtedly hold digital
assets as well.
Under the Act, the
named personal representative can obtain
access to such accounts
BLAKE

via judicial order, which generally provides

them with the last 18 months, or more if
necessary, of a decedents digital assets.
While gaining access to such accounts is
helpful, actually acquiring the contents of
the digital assets requires more. A decedent
must grant the personal representative the
powers authorizing access to their digital
assets and their contents in either their last
will and testament or other estate planning
documents. Another option is by maintaining accessibility with the online account.
This means that the decedent must provide
their personal representative with all the
information needed to access their digital
assets (i.e. username, password) therefore
making a judicial order unnecessary. Without the affirmative language or account settings, the online provider may deny access.
Online providers, such as Facebook,
Google, Twitter, LinkedIn, and Pinterest,
are also recognizing the need to address
digital assets upon death. They provide
instructions in their terms of service as
to how a personal representative may
manage and close the decedents account.
Such policies have morphed over time to
provide more options, (i.e. completely clos-

ing the account or converting the account

to a memorial page). Providers responses
make for easier administration and help
loved ones through the grieving process.

Fitting into an estate plan

While the Act provides the avenue for a

personal representative to access and close
out digital assets, there are steps clients
and their attorneys can take in advance to
make this process easier. First, one must
choose a trustworthy and knowledgeable
personal representative. A personal representative can be a family member, friend,
third party (for example, an attorney or law
firm), or corporate fiduciary, such as a bank.
Next, it is important to analyze and
inventory all online financial accounts,
e-commerce accounts, social media accounts, email, etc. Keeping the list updated and in a safe location that is accessible
to the appointed representative is essential. One should also notify the personal
representative where the digital assets
are stored (for example, laptop, smart
phone, iCloud, etc.). Many people opt to
keep a password manager installed on
their computer. The manager stores and
updates each password as they change.

Additionally, it is important to review

privacy settings. Finally, an attorney can
add language to estate planning documents to reference digital assets. For
example, language that explicitly states
the appointed representative has access
to control, modify, and delete all digital
assets should be included.

An ever-changing process

Although the advent of digital assets

has further complicated the estate planning process and the administration of a
decedents estate, attorneys, the states,
and providers alike have all responded
accordingly to minimize the potential adverse effects of the digital footprint post
mortem. Such responses have aimed to
carry out the decedents wishes, while
still maintaining privacy and protection.
The process will continue to evolve as
technology advances and as the perceived
convenience of digital assets triggers increased dependency and use.
Julianne M. Blake practices law with
Anderson, Desimone & Green PC in
Roanoke.

When a nursing home threatens to discharge family member

By Kathy Pryor

What do you do if a distraught family member contacts you because

the nursing home where Mom lives
is threatening to discharge her?
Are there laws to protect Mom, and
if so, what recourse does the family
have if they want to challenge the
threatened discharge?
The Nursing Home Reform Law, or
OBRA 87, 42 U.S.C. 1396r(c)(2) and
the supporting regulations at 42 C.F.R.
483.12(a), offer significant federal protections from eviction for vulnerable nursing home residents. First and perhaps
most importantly, a nursing home must
permit a resident to remain in the facility and can only involuntarily transfer
or discharge a resident for six reasons:
(1) transfer or discharge is necessary for
the residents welfare and the residents

needs cannot be met

by the facility; (2) the
residents health has
improved significantly such that she no
longer needs nursing
home services; (3)
the safety of individuals in the facility is
endangered; (4) the
health of individuals PRYOR
in the facility would
otherwise be endangered; (5) the resident has failed after
reasonable and appropriate notice to
pay; or (6) the facility ceases to operate.
This is the residents home and he or she
should be allowed to stay unless one of
these specific reasons exists.
In addition to limiting the allowable
grounds for discharge, federal law also
requires the facility to take certain steps
before it can discharge a resident against
his will. The reasons for the discharge

must be documented in the residents

clinical record. A written noticeusually
giving 30 days advance noticemust be
given to the resident and a family member or legal representative, if known. The
notice must contain certain information,
including the reason for the discharge,
the date of the discharge, the location to
which the resident will be sent, contact
information for the State Long Term Care
Ombudsman, and the right to appeal the
action to the Department of Medical
Assistance Services. The facility must
also provide sufficient preparation and
orientation to residents to ensure their
safe and orderly transfer or dischargea
safe discharge plan. In addition to these
federal requirements, Virginia law also
requires that the attending physician or
medical director of the facility make a
written notation in the patients record
approving the discharge after consideration of the effects of the transfer or discharge, appropriate actions to minimize

the effects of the transfer or discharge,

and the care and kind of service the patient needs upon transfer or discharge.
Va. Code 32.1-138.1.
Any nursing home resident-- regardless of her source of payment--can appeal
an involuntary transfer or discharge to
the Department of Medical Assistance
Services (DMAS) as long as the nursing
facility itself is certified by Medicare and/
or Medicaid-- as most facilities are. An
appeal should be filed with the DMAS
appeal unit prior to the proposed date
of discharge; its wise to send a copy of
the appeal to the facility administrator.
DMAS will notify the facility that it must
keep the resident in the facility pending
the appeal and issuance of the hearing officers decision.
There are a number of arguments
which can be made on appeal. Failure to
issue a compliant discharge notice may be

n See DISCHARGE on PAGE B-9

Page B-6 | Virginia Lawyers Media, February 22, 2016

valawyersweekly.com

Medicaid and lesser-known non-penalized asset transfers

By Elizabeth E. Bircher

Many people rely on long-term

care Medicaid benefits to assist in
paying the high costs of nursing
home-level care. Generally speaking, individuals cant give away
their assets on Monday and qualify
for LTC Medicaid on Tuesday. Indeed, with only limited exceptions,
the LTC Medicaid program imposes a penalty period based on the
aggregate value of uncompensated
transfers the applicant (or his or her
spouse) made in the sixty month
period immediately before the application for LTC Medicaid benefits. During the penalty period, LTC
Medicaid will not pay for the cost of
nursing home-level care even if the
individual is otherwise eligible for
Medicaid LTC coverage.
Although this transfer penalty is commonly called a gift penalty, the penalty
applies to transfers when the transferor
receives less than fair market value in
return. Thus, under LTC Medicaid rules,
financial transactions that one might
not think of as gifts--such as the arms
length sale of ones home for less than its
tax-assessed value (through gritted teeth
at that), paying for a childs wedding, or
assisting with the costs of a relatives funeral--can result in the imposition of a
transfer of assets penalty period.
In addition to assisting our clients in
identifying means to cover the cost of
care during penalty periods imposed for
past gifts, elder law attorneys assist our
clients in identifying transfers that will
not result in the imposition of a penalty
period. Two well-known non-penalized
transfers are transfers to a non-institutionalized spouse and the transfer of the
home to a child who satisfies the stringent caretaker child criteria. The rest of
this article discusses three lesser-known
transfer scenarios that do not result in
the imposition of an uncompensated
transfer penalty period as well as factors
to consider when contemplating a transfer plan. In addition to these outright
transfers, certain transfers to qualifying
trusts do not incur transfer of assets penalties; qualified trust-based transfers are
not discussed in this article.

The transfer of the house to a

sibling with an equity interest

In the classic maiden aunt situation,

two spinster sisters live together. If one of
the sisters needs LTC Medicaid assistance
and each sister has an equity interest in
the house and they have been living together for at least one year, then the sister
who is applying for LTC Medicaid assistance can transfer her ownership interest
in the home to the other sister without a
transfer penalty being imposed. This trans-

fer opportunity is not

limited to sisters, but
applies equally well to
any siblings who live
together. Note that the
equity interests do not
have to be equal, nor
do the rules state how
long the recipient sibling needed to have an
equity interest before
the transfer occurs. BIRCHER
(12VAC30-40-300(D)
(2)(3); the Virginia Medicaid Manual
(VMM) M1450.400(C)(2)).

Transfers to a child
under the age of 21

Although a parental duty of support

generally ends after a child turns 18
years old, LTC Medicaid transfer of asset penalties nonetheless do not apply
for transfers to a child who is under age
21. (12VAC30-40-300(D)(2)(a)(2) and (b);
VMM M1450.400(C)(1) and (D)). These
transfer exemptions will generally only
be used by the younger old who may
have had children late in life or who may
have suffered from an unexpected medical event or rapidly progressing condition, such as a stroke, accident, or a progressive neurodegenerative disease. In
these circumstances, the ability to transfer a house or other assets to a responsible young adult or to not suffer from the
imposition of a transfer penalty because
the parent or parents paid for college tuition or other starting young adulthood
expenses for a child under 21 can make a
significant difference to the familys economic security.

Transfers to a child who is blind

or disabled as defined by Social
Security.

No transfer of assets penalty period is

imposed if an outright transfer is made to
the applicants child who is blind or disabled as defined in 1614 of the Social
Security Act. (12VAC30-40-300(D)(2)(a)
(2) and (b); VMM M1450.400(C)(1) and
(D)). Note that individuals found to be
totally (but not occupationally) disabled
under the provisions of the Railroad
Retirement Board (RRB) satisfy this requirement because the RRB and Social
Security use the same definition of total
disability. Individuals found disabled under private, longshoremans, or workers
compensation disability insurance programs do not automatically qualify as
disabled under the Social Security definition and will need additional screening
to determine if transfers can be made to
them without the imposition of a transfer
of assets penalty.

Additional considerations

Among the additional considerations

in determining whether or how to implement a transfer of assets plan are the
impact of taxes, family dynamics, and the
existence of the legal authority to gift.
When an individual receives a gift, the

basis against which future potential capital gains are measured is the gift givers
basis. Thus gifts of highly appreciated
assets may result in substantial capital
gains and related taxes to the recipient
upon the sale of the asset by the recipient. If the gift giver is able to exclude
some capital gains (say from the sale of
a home because it was the primary residence), it may make more financial sense
for the applicant to sell or liquidate the
asset and then gift the proceeds.
When a non-penalized transfer is possible only if the gift is made to fewer than all
of the applicants children (perhaps only
one is under twenty-one or only one meets
the Social Security definition of disabled),
then family dynamics should be considered and discussed. The child who receives
the windfall does not have to share with
his or her siblings and the unequal gift
may cause familial estrangement.
Before gifts can be made, the legal authority to gift has to be present. Competent individuals can make the gifts themselves. If the individual is not competent,
then the Agent under the Power of Attorney may be authorized to make gifts.
Under Virginias version of the Uniform
Power of Attorney Act, [u]nless the power
of attorney otherwise provides, language
in a power of attorney granting general
authority with respect to gifts authorizes
the agent only to make gifts that are
limited in value to the federal gift tax annual exclusion amount unless the spouse
agrees to gift splitting, or agree to gift
splitting when a spouse makes the gift.
(Va. Code 64.2-1638(B)). With a current
annual exclusion limit of $14,000, a general grant of gifting authority is insufficient

to transfer a house or higher value assets.

If the individual is not competent and
insufficient authority exists to make the
contemplated gifts, then Court permission will be necessary before the gifts can
be made. If the individual has a Power
of Attorney, then the appropriate Circuit
Court may be petitioned under Va. Code
64.2-1614(C) to expand the Power of
Attorney to make the contemplated gifts.
When no Power of Attorney exists or if it
is insufficient, then an alternative is to
petition the appropriate Circuit Court
to appoint a full or limited conservator
pursuant to Va. Code 64.2-2000 et seq.,
with a specific request that the conservator be authorized to make gifts pursuant
to Va. Code 64.2-2023.
In summary, transfer of assets penalties can result in hardship for the unwary LTC Medicaid applicant. Some
transfers, however, are not penalized.
Identification of potential transfers is
just the beginning of LTC Medicaid planning because additional factors must be
considered before a transfer program can
be implemented. An experienced elder
law attorney can identify transfer possibilities that do not result in a period of
ineligibility as well as counsel clients on
how to accommodate penalty periods the
applicant may have unwittingly created
before seeking counsel. Using LTC Medicaid rules to the applicants advantage can
provide for enhanced financial security
for the applicants family while protecting and preserving the applicants ability
to secure necessary care.
Elizabeth E. Bircher practices law with
Oast & Taylor PLC in Portsmouth.

Comprehensive planning includes preparation for incapacity

By Amy E. McCullough

other planning documents in place.

When clients approach their attorneys about estate planning, many

come in with some definite ideas.
Those definite ideas tend to focus
on how to distribute property after
death, and how to minimize taxes
and fees. However, comprehensive
estate planning encompasses not
only planning for death but planning for incapacity. As a guardian
ad litem for incapacitated adults,
I have served on far too many cases where my ward had a will but no

The possibility of suffering from dementia, or of having a stroke or other medical

condition that may rob one of the ability to
make decisions is not something many of us
or our clients like to ponder, but planning
for such situations is of critical importance.
Planning for incapacity lets our clients make
wishes known while they have the ability to
do so and lets them put in place the documents which will allow for their wishes to
be carried out when they are no longer able
to direct their affairs. When prepared well,
these documents allow for clients healthcare and financial affairs to be managed
with a minimum of disruption once a client
becomes incapacitated. Advance planning
can also save clients and their families from

the expense, time delays, and court hearings

associated with guardianship and conservatorship proceedings under Virginia Code
64.2-2000 et seq.
When planning for incapacity, clients
need to plan for their personal/healthcare
needs as well as for the maintenance of
their estates during periods of incapacity.
In Virginia, advance directives, drafted in
accordance with Virginia Code 54.1-2983
(suggested form can be found at Virginia
Code 54.1-2984), allow clients to appoint
an agent to make healthcare decisions and
clients can also use the document to give
that agent specific instructions.
Agents authorized under an advance
directive will often have access to a clients most sensitive information and
will be making very important decisions.

For that reason, I often counsel clients to

think carefully about
whom to appoint and
to choose someone
they believe will have
his or her best interests at heart, and who
will respect the values
of the principal.
When discussing adMCCULLOUGH
vance directives, clients
will often use terms
such as healthcare power of attorney or
living will interchangeably. It can be very
helpful to walk through forms with clients,
particularly with regard to these documents.

n See INCAPACITY on PAGE B-9

valawyersweekly.com

Virginia Lawyers Media, February 22, 2016 | Page B-7

Hospital-sponsored guardianships
By Veronica E. Williams

Many hospital-sponsored adult incapacitated guardianship petitions

have a proper basis in that there
are no available family members to
serve as surrogate decision-makers for incapacitated adults. This
article contemplates that, absent
this situation, hospital-sponsored
adult incapacitated guardianship
petitions are filed without the cooperation and agreement of the respondents family members. In this
regard, such petitions are extremely adversarial and, if favorably considered, could have far reaching
consequences for both the patients involved and their families.
The lives of adult incapacitated respondents may be at risk in those unenviable
cases in which hospital-sponsored guardianship petitions are filed despite the existence of devoted, attentive, and capable
family members. It is, therefore, important
for the families of these extremely vulnerable hospital patients, to seek legal representation immediately, as hospital sponsored
guardianship petitions have the ability,
pursuant to Virginia Code 64.2-2004.C.,
to move very rapidly. As a result, the patients families may not have sufficient
time to obtain counsel and to prepare for
a hearing that could result in the hospital
patients possibly being involuntarily discharged and transferred to skilled nursing
facilities in geographically remote locations
several hundred miles away, and even outside of the commonwealth to other states.
In cases where hospital sponsored
guardianship petitions have been filed
despite the presence of devoted, attentive,
and willing family members, prompt and
effective advocacy is critical. It is important for attorneys and caregiving family
members, who find themselves in the position of having to oppose hospital filed petitions, to understand the potential conflicts
of interest inherent in such cases.
The healthcare payor systems have developed incentives which place hospitals
in a position of having a strong conflict
of interest with hospital patients. It is
important for courts to be aware of these
conflicts of interest when presented with
hospital sponsored guardianship petitions. Hospitals are incented to perform
few procedures, discharge the patient as
early as possible, and make sure the patient does not return. Patients want to be
cared for until they are well or have systems outside the hospital to support them.
Patients want the necessary diagnostic
testing performed. Patients need to return
to the hospital if they get sick again. While
there are some programs to train family
members and manage patients outside
the hospital, these programs are limited.
With these conflicts of interests, is it appropriate to view the hospital system as a
patient advocate in the context of a hospital sponsored guardianship petition ?
Following are a few of the issues that further demonstrate the conflicts of interests,
and as a result, should be carefully considered by families, attorneys, and courts
when faced with a hospital-sponsored adult
incapacitated guardianship petition:
1. A hospitals desire to move a patient out of a hospital, because the
patient has been in the hospital for a
prolonged period of time, could lead
to the deterioration of the relationship between a hospital and a patients
family. With respect to Medicare, Medicaid,
and most commercial insurances, hospitals
are paid based on diagnosis irrespective of
the length of in-hospital stay. Therefore, the
more days a patient stays in the hospital,
the more likely the hospital is to lose money.
2. A hospitals failure to obtain
the familys consent with regard to
a proposed discharge plan that a
family believes is inappropriate and/
or that leads to a geographically remote placement in a skilled or long

term care nursing facility, may be

the basis for the deterioration of the
relationship between a hospital and
a patients family. The hospital needs to
move the patient out and may seek to expedite the movement to a nursing facility
that has an available skilled care or long
term care bed, but that is also geographically remote to hospital and, more importantly, geographically remote to the patients home and family. There is a great
volume of data that demonstrates quality
of long term care is directly impacted by
family visits and family advocacy.
3. A hospital may have concerns
about its readmission rate as it relates
to the frequency with which a particular patient returns to the hospital from
the same episode of care. This concern
could, in turn, lead to a conflict between the
facility and the family regarding the familys election of home based long term care,
as opposed to facility based long term care.
In such a case, there is a potential conflict
between the hospital trying to avoid readmissions and the family electing to provide
safe in-home care for the patient.
a. In this regard, it is important to note
that a facilitys readmission rate is, technically speaking, the governments measure
of the facilitys effectiveness with regard
to discharge planning. Consequently, hospitals face financial penalties from the
Centers for Medicare and Medicaid if their
readmission rates are too high.
b. In many cases, elderly and /or infirm
patients cannot age in place safely without the sacrificial presence and services
of an adult child residing with them.
c. The surrogate decision makers determination to provide in-home care for
the patient (perhaps an aging parent),
could well be motivated by a familys
core value system of taking care of their
own, or the surrogate decision makers
knowledge that the patient would prefer
in-home long term care services to facility based long term care.
d. Some patients, based upon the complexity of their conditions, may have a history of frequent hospital visits via the emergency room. It would be inappropriate for a
hospital, based merely upon the frequency
of visits, to assume that a caregiver is somehow deficient, responsible for the frequent
hospital visits, and ripe to be replaced by a
Court appointed guardian who will be better able to make medical decisions for the
patient. The practical likelihood is that a
court appointed guardian will utilize a case
manager who will rely heavily upon the facilitys recommendations, for the patients
care and treatment, as opposed to maintaining a presence at the patients bedside as
would a family member or close friend.
e. From a public policy perspective, inhome caregivers should not be given the
impression that taking a patient to the

emergency room, as needed, and on a frequent basis, means that they are somehow
unsuitable to serve as surrogate decision
makers because of the frequency of the
visits. They should also not experience
a genuine concern that if they elect to
continue safe in-home care, as opposed
to admitting the patient into a nursing
home, after repeated frequent visits to the
hospital, they are in danger of being replaced by a Court appointed guardian. To
the contrary, it is arguably neglectful for
a family caregiver not to seek emergency
medical attention when a need arises.
4. A hospitals presumptions regarding the familys ability to manage the complexities of a patients
care, to include the coordination of
long term care benefits, may be the
basis of a deteriorating relationship
between a hospital and a patients
family. Medical professionals are taught,
in academic settings, that paternalism
is inappropriate. However, some medical
professionals may still believe that a professional caregiver is better equipped to
make decisions about care and the family
does not know enough to understand.
a. Allegations that a patients family is not sophisticated enough to handle
the rigors of managing a patients care
coordination, to include the coordination
of medical benefits, or allegedly will not
cooperate with the process, is a poor justification for filing a hospital sponsored
guardianship petition.
b. A less restrictive alternative, in cases where the hospital sincerely feels that
the family needs more guidance than they
have been able to provide, would be for the
hospital to recommend that the family seek
independent case management, and/or
competent advice and counsel with regard
to the coordination of benefits, especially
if the relationship with the hospital has
deteriorated to the point where the family
would not be comfortable sharing confidential information with the hospitals agents.
5. Regretfully, a lack of agreement
between a hospital and a patients
surrogate decision maker, regarding
whether continued care is futile (endof-life issues), and/or whether a Do Not
Resuscitate Order (DNR) is appropriate, may be the underlying reason for
the deterioration of the relationship
between a hospital and a patients
family. As noted previously, paternalism is
frowned upon from a text book perspective.
However, it is not unheard of for a medical
provider to become offended when a family member, who is serving as a hospital
patients surrogate decision maker, elects
against the use of a DNR Order.
When an adult incapacitated respondent
has devoted, attentive, and capable family
members, a hospital-sponsored guardianship petition, seeking the appointment

of a non-family member or entity, cannot

usually prevail without characterizing, or
more
appropriately
mischaracterizing, the
existing
caregivers/
family members as
improper, unsuitable,
and/or uncooperative.
WILLIAMS
Virginia Code 64.102010 and/or Virginia
Code 64.10-2007.C.
A guardianship appointment, obtained
against the wishes of a patients family
could easily result in a situation where
treating medical professionals will not be
permitted to communicate with devoted
family members about a patients care,
condition, and treatment. This could effectively result in medical professionals
losing access to a wealth of knowledge regarding the patients care and treatment
history. In this regard, a patient would
lose the benefit of having family members
serve as valuable lay members of their
care and treatment teams.
Family members and other appointed
surrogate health care decision makers
should be regarded as valuable lay members of a patients medical care and treatment team. It is commonly understood that
a patients medical care and treatment decisions, and discharge planning should be
addressed in the context of patient autonomy and person centered planning.
Consequently, when a patient is unable
to make an informed decision, a family
member is typically best suited to exercise patient autonomy, on behalf of the
patient, based upon an emotionally intimate relationship with the patient that
has spanned many years.
To be sure, the best patient outcomes
are the result of effective communication and collaboration between the team
comprised of: (i) the vocational medical
providers and (ii) the patients family or
appointed surrogate decision maker(s).
To this end, a hospital sponsored guardianship petition is always an indication
that the relationships necessary to hold
this powerful and beneficial team together have deteriorated to the detriment of
an extremely vulnerable patient. It would
be especially regretful if one of the aforementioned conflicts of interest served as
the catalyst for filing such a petition.
Veronica E. Williams practices law
with The Center for Elder Law & Estate
Planning in Newport News.

Page B-8 | Virginia Lawyers Media, February 22, 2016

Fiduciary |

n continued from page B-3

ularly in light of the restrictions imposed

for record keeping for the funds of others.
Reference to this Rule is valuable before
buying that software package for the
management of money.
There is also an LEO that holds that
the ethical rules for lawyers are applicable in situations in which the lawyer
serves in another capacity. The specific
(and limited) language in LEO #1634
(1995) arises from a situation in which a
licensed attorney was also an accountant;

Able |

the issue presented there was whether

the attorney-as-accountant could avoid
the application of the Rules because he
was not serving as a lawyer in the situation. The LEO makes the point that lawyers are lawyers and therefore subject to
the Rules of Professional Conduct even
when the circumstances are not necessarily arising from legal representation.
This suggests (although it is not explicitly stated) that a lawyer-as-fiduciary cannot escape sanctions for breaches of the

n continued from page B-4

the number of Special Needs Trusts that

can be established for one person, nor are
there contribution restrictions. Therefore,
ABLE accounts are not a substitute for
Special Needs Trusts in many planning
situations. It would be wise to consult an
Elder Law attorney to discuss the variety
of options available for planning if a disabled beneficiary receives an inheritance,
a personal injury settlement, or if loved
one wants to leave resources for a disabled beneficiary. One size certainly does
not fit all. Many options are available to
meet specific needs.

ABLE accounts will allow for a way to

save small amounts of money without
the cost of court, or legal fees, but would
not be the best option for parents or other loved ones to place their money for a
loved one with a disability.
What will be good uses for an ABLE
account?
May be a suitable place for excess
money earned by the disabled person
that may affect public benefits eligibility
if they would otherwise accumulate more
than $2,000 in a month.
May be used for small inheritances

valawyersweekly.com

Rules because the lawyers role is not specifically one of representation as a lawyer.
Suffice to say that no lawyer wants
to be the subject of the disciplinary action in which this point is established
beyond doubt.

Conclusion

Lawyers are appropriate candidates to

serve in fiduciary roles. Indeed, there are
no professionals better suited for those
roles. Such service has to be undertaken
with awareness of the existing and potential obligations imposed on the lawyer
serving as a fiduciary, and the existing
Small personal injury settlements
may be structured to meet the requirements of an ABLE account
May be a good place to save for a
vehicle
May be a good place for an over 65 individual with a lifetime disability to store
some savings
When will the accounts be available?
Hopefully these accounts will be available later in 2016. The IRS issued draft
regulations in the summer of 2015. The
comment period ended in September and
the IRS received some needed pushback
on some of the burdensome reporting requirements. These types of accounts will
grow slowly and with the limited contribution amounts possible, it will be diffi-

From left to right: Erik

Baines, Ann Brakke
Campfield, Edward
Barnes, Irene Delcamp

structure for oversight for the actions

taken as the fiduciary.
There is no more obvious magnet for
claims than a lawyer as fiduciary. No one
serving in a fiduciary capacity should
want to see his or her actions questioned,
by way of civil claims, criminal prosecution, or Bar complaint. Only by strictly adhering to the ethical rules and established
standards for practice, and by anticipating
and avoiding potential conflicts and other
problems, can the lawyer as fiduciary successful navigate these difficult waters.
Kenneth Labowitz practices law with
Dingman Labowitz in Alexandria.
cult to find custodians willing to administer them if they are onerous reporting
requirements falling on the custodians.
The IRS recently issued a notice that the
final regulations will have less stringent
reporting requirements. The burden of
establishing eligibility for the Accounts
will most likely fall on the person opening
the account as will the responsibility for
insuring that the withdrawals are used
for qualified disability expenses. The accounts most likely will be administered
similarly to 529 accounts. Look for them
in late 2016 or early 2017.
Ann McGee Green practices law with Anderson, Desimone and Green PC in Roanoke.

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Discharge |

Virginia Lawyers Media, February 22, 2016 | Page B-9

n continued from page B-5

grounds for a remande.g., if the written

notice did not provide sufficient advance
notice, failed to provide appeal rights, or
failed to provide the location to which the
resident was to be transferred. Failure
to get approval of the discharge from the
treating physician or to properly document the residents chart can also result
in remand or reversal. One of the most
compelling arguments is whether there
is a safe discharge plan in place. For example, if the resident is to be sent to the
home of her daughter, is the daughter
home during the day and is she capable
of providing the level of care the resident
requires? If the resident is to be sent to
another facility, why is that facility better
equipped to care for this resident than
the current facility, and if it isnt, why
should a vulnerable resident endure a
forced move? While many facilities act
responsibly in planning for a residents
safe discharge, Virginia facilities have
planned to send residents to a sister facility in Florida even though the resident
had no connection to Florida; to a Salvation Army shelter where people were not
even allowed to stay during the day and
where there was no provision for medical
care; or to the home of adult children who
were physically or mentally incapable of
providing the necessary care. The lack
of a safe discharge plan often provides a
strong argument for a remand if not a reversal of the facilitys proposed discharge.
Of course the other primary argument
on appeal is whether, in fact, the facility
had adequate grounds to involuntarily
discharge the resident in the first place.
Simply stating that one of the six allowable grounds for discharge exists does not
make it factually justified. For example,
a facility may claim that it cannot meet a
residents needs and that it is in the residents best interests to go to another facility. But cannot meet residents needs
often means that a particular resident
has more care needs and requires more
staff time than some other residents.
Each facility is required by federal law to
provide the necessary care and services
to attain or maintain the highest practicable physical, mental, and psychosocial
well-being of each resident. Simply because one resident requires more care
and more staff time than another does
not mean that the facility cannot meet

that residents needs.

Similarly, simply claiming that a resident is a danger to the safety of others
does not mean that he truly is. A resident
with dementia who curses staff when
they try to provide care may be difficult
and unpleasant to deal with, but is he
truly a danger to the safety of others? If
a wheelchair-bound resident with dementia flails at staff when they are trying to
bathe him, is he a danger to the safety of
othersor do staff simply need to learn
another way to approach him?
Even non-payment is not as clear a
grounds for discharge as it might initially
seem. Facilities sometimes try to evict
residents when their Medicare coverage
ends even though they are also covered
by Medicaid and continue to need nursing home level of care. Conversion from
the higher Medicare or private pay rate
to the lower Medicaid rate is not non-payment and is not grounds for discharge. If
a resident is currently covered by Medicaid but has an unpaid balance from before he became eligible for Medicaid, it
may be possible to resolve the non-payment by adjusting the patient pay obligation in order to pay the unpaid medical
bill. See Medicaid Manual M1470.230.
Assisting a resident to qualify for Medicaid may resolve the non-payment and the
involuntary discharge.
Remember that all residents in Medicare- or Medicaid-certified facilities are
entitled to appeal an involuntary discharge to DMAS. If the hearing decision is unfavorable, an appeal to circuit
court under the Virginia Administrative
Process Act, Va. Code 2.2-4025 et. seq.,
should be considered. If you believe the
facilitys actions were unwarranted, you
may also want to file a complaint with
the Office of Licensure and Certification
at the Department of Health.
Vulnerable nursing home residents
are often frail and unable to advocate
for themselves when faced with an involuntary discharge. Federal and state
law protections are meaningless unless
there is someone to assert them. You can
make the difference in helping a resident
assert her rights and avoid eviction from
her home!
Kathy Pryor practices law with the
Virginia Poverty Law Center in Richmond.

Incapacity |

n continued from page B-6

This helps the principal understand exactly

what he or she will be signing, and the scope
of the decision-making powers given to his
or her appointed agent. It also helps ensure
that the clients wishes with regard to endof-life decisions and organ donation have
been expressed correctly.
When drafting it is also important to
ensure that medical planning documents
include a HIPAA release. These are not
often included in older advance directives, but they can be necessary for the
agent to have in order to access the principals medical information.
Clients can allow for the management
of their property and financial affairs in a
variety of ways. The most common is probably the durable power of attorney. A durable power of attorney, drafted in accordance with Virginia Code 64.2-1600 et
seq. will survive incapacity and allows clients to appoint an agent to manage their
property during periods of incapacity.
Given the broad range of powers available to agents under powers of attorney,
one must advise clients to take care when
selecting an agent. An agent under a durable power of attorney should be someone
trustworthy who is capable of keeping organized records and who will be able to competently manage the estate for the benefit
of the principal. In addition, clients need to
be aware of just how much power is being
given to their agent. The document needs
to be tailored to make sure that the agents
authority under it matches the clients
wishes for how his or her affairs should
be managed during incapacity. There are
many issues to consider, so a lengthy discussion could be in order. For instance, does
the client want the durable power of attorney to be effective right away or only upon
incapacity? Does the client want the agent
to have control over some portions of his or
her estate but not others?
While advance medical directives and
durable powers of attorney are perhaps

the most common methods by which people plan for incapacity, there are other
tools to consider as well. For those clients
for whom trust-based estate planning is
advisable, incorporating incapacity planning into living trusts is very important.
This is generally done by having the client designate an incapacity trustee or
trustees, who will step in once certain
conditions, defined by the trust document, are met. An attorney experienced
in estate planning can incorporate these
types of provisions into a trust and tailor
them so that they meet a clients particular needs. However, care should still be
taken to ensure that clients also have an
advance directive in place as well as a durable power of attorney to handle those
matters that lie outside of the trust.
With all incapacity planning documents,
it is important to remember that they are
only useful if they are in a position to be used.
Once advance directives and durable powers
of attorney are drafted, one should remind
clients that their named agents either need
copies of the documents or need to know how
to get easy access to the documents in case of
emergency. Clients should also provide copies of advance directives to their doctors, and
many hospitals now routinely request copies
from patients upon admission.
Outside the estate planning and elder
law specialties, it is important for all attorneys to remember that clients need to plan
for future incapacity. This issue comes up
most often in the estate planning context,
but the discussion also arises in the context of business planning, personal injury,
or family law, just to name a few. Attorneys
should be attuned to the issue, so that the
problems which arise from a lack of adequate incapacity planning can be headed
off before they occur.
Amy E. McCullough practices law with
Carrell Blanton Ferris & Associates PLC
in Fredericksburg.

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Page B-10 | Virginia Lawyers Media, February 22, 2016 valawyersweekly.com

Virginia Academy of Elder Law Attorneys Directory

Sheri R. Abrams
Sheri R. Abrams, PLLC
10467 White Granite Drive, Suite 306
Oakton, VA 22124
sheri@sheriabrams.com
(571) 328-5795
www.sheriabrams.com
Scott N. Alperin
Alperin Law, PLLC
500 Viking Drive, Suite 202
Virginia Beach, VA 23452
scott@alperinlaw.com
(757) 490-3500
www.alperinlaw.com
Barbara S. Anderson
Life & Estate Planning Law Center, PLLC
1225 Martha Custis Drive, Suite 103
Alexandria, VA 22302
banderson@lifeandestateplanninglaw.com
(703) 820-3600
www.lifeandestateplanninglaw.com
Courtney Armstrong
Armstrong & Armstrong, Attorneys-at-Law
P.O. Box 1431
Martinsville, VA 24114
carmstrong@wardarnstrong.com
(276) 632-7022

Kristina Beavers
Kristina Beavers, Attorney at Law
P.O. Box 2501
Yorktown, VA 23692-5501
kristina@beaverslaw.com
(757) 234-4650
Elizabeth E. Bircher
Oast & Taylor, PLC
355 Crawford Street, Suite 720
Portsmouth, VA 23704-2824
bircher@oasttaylor.com
(757) 452-6200
www.oasttaylor.com
L. Ashley Brooks
L. Ashley Brooks, PLC
1545 Crossways Boulevard, Suite 250
Chesapeake, VA 23320
Abrooks@ashleybrookslaw.com
(757) 777-3930
Robert S. Bullock, CELA, CAP
The Elder & Disability Law Center
1020 19th Street NW, Suite 510
Washington, DC 20036
rbullock@edlc.com
(202) 452-0000
www.edlc.com

Jennifer Atkinson
HoggeLaw
500 E. Plume Street, Suite 800
Norfolk, VA 23510
jatkinson@hoggelaw.com
(757) 961-5400

Stephen David Burns

Thompson Wildhack, PLC
6045 Wilson Boulevard, Suite 101
Arlington, VA 22205
Stephen@twplc.com
(703) 237-0027
www.twplc.com

Sarah C. Aviles
Ferguson Walton & Shansab, PLLC
12007 Sunrise Valley Drive, Suite 140
Reston, VA 20191
saviles@fergusonwalton.com
(703) 860-8520
www.fergusonwalton.com

John S. Burton
J.S. Burton, PLC
575 Lynnhaven Parkway, Suite 278
Virginia Beach, VA 23452
john@jsburton.com
(757) 301-9500
www.jsburton.org

Rachel Baer
Law Office of Rachel Baer
1908 Mt. Vernon Avenue, #2915
Alexandria, VA 22301
rachel@rbaerlaw.com
(703) 405-8567
www.RBaerLaw.com

Joshua E. Bushman
Bushman Law Group
2800 Shirlington Road, Suite 503
Arlington, VA 22206
jeb@bushmanlawgroup.com
(703) 845-9070
www.bushmanlawgroup.com

Jean Galloway Ball, CELA, CAP, Fellow

Hale Ball Carlson Baumgartner Murphy, PLC
10511 Judicial Drive
Fairfax, VA 22030
jgball@haleball.com
(703) 591-4900
www.uselderlaw.com

Joseph T. Buxton III, CELA

Trustbuilders Law Group
110 Grace Avenue
Urbanna, VA 23175
chipbuxton@trustbuilders.com
(804) 758-2244
www.trustbuilders.net

Paul W. Barnett
Manning & Murray, PC
6045 Wilson Boulevard, Suite 300
Arlington, VA 22205
pbarnett@manning-murray.com
(703) 532-5400
www.manning-murray.com

Daniel E. Cassidy
Daniel Edward Cassidy PLC
9411 Ulysses Court
Burke, VA 22015
cassidydelaw@verizon.net
www.cassidy-law.com

Harold H. Barton Jr.

Mulkey, Forbes, Reid & Barton, PLC
11711 Jefferson Avenue, Suite A
Newport News, VA 23606
hbarton@mfrblaw.com
(757) 595-9500

Katherine S. Charapich
Katherine S. Charapich, Esq., PLLC
219 E. Davis Street, Suite 320
Culpeper, VA 22701
katherine@culpepper.com
(540) 812-2046

A. Mark Christopher
Yates, Campbell & Hoeg, LLP
4165 Chain Bridge Road
Fairfax, VA 22030
mchristopher@ychlaw.com
(703) 273-4230
www.ychlaw.com
Jane Champion Clarke
McCallum & Kudravetz, PC
250 E High Street
Charlottesville, VA 22902
jclarke@mkpc.com
(434) 293-8191
www.mkpc.com
Justin A. Cohee
Law Firm of Evan H. Farr, PC
10640 Main Street, Suite 200
Fairfax, VA 22030-3930
justin@farrlawfirm.com
(703) 691-1888
www.virginiaestateplanning.com
Stephanie Pitsenberger Cook
Stephanie Pitsenberger Cook, PC
30 W. Franklin Road SW, Suite 301
P.O. Box 311
Roanoke, VA 24003
Stephanie@spcooklaw.com
(540) 266-7575
Sheila M. Costin
Holmes Costin & Marcus, PLLC
5203 Lyngate Court, Suite B
Burke, VA 22015
scostin@hcmlawva.com
(703) 260-6401
Cary Z. Cucinelli
Cucinelli Law PLC
10555 Main Street, Suite 300
Fairfax, VA 22030
cary@cucinellilaw.com
(703) 862-3079
www.cucinellilaw.com
Lawrence G. Cumming
Kaufman & Canoles, PC
2236 Cunningham Drive
Hampton, VA 23666
lgcumming@kaufcan.com
(757) 224-2900
www.kaufmanandcanoles.com
Julianne R. Cyr
Miller, Walsh, Kutz & Laster, PLLC
12610 Patrick Henry Drive, Suite D
Newport News, VA 23602
jcyr@mwklawva.com
(757) 595-0123
www.mwklawva.com
Julianne Dalton
Anderson, Desimone & Green, PC
4923 Colonial Avenue
Roanoke, VA 24018
julianne@andersondesimone.com
(540) 776-6434

Mark W. Dellinger
Rhodes, Butler & Dellinger, PC
318 Washington Avenue
Roanoke, VA 24016
(540) 342-0888
dellinger@rhodesbutler.com
(540) 342-0888
www.rhodesbutler.com
Sherri Dennis
The Clark Law Firm
108-E South Street SE
Leesburg, VA 20175
sdennis@theclarkfirm.com
(703) 443-0001
www.theclarkfirm.com
George W. Dodge
Attorney at Law
2300 Clarendon Boulevard, Suite 700
Arlington, VA 22201
gdodge@georgedodgelaw.com
(703) 524-9700
Diane L. Donley
Diane L Donley PLC
3508 Riverwood Road
Alexandria, VA 22309
dianedonley@gmail.com
(703) 780-2804
John D. Dutton Jr.
Carrell Blanton Ferris & Associates, PLLC
11800 Chester Village Drive, Suite C
Chester, VA 23831
jdutton@carrellblanton.com
(804) 681-2060
www.carrellblanton.com
V. Anne Edenfield
Law Office of V. Anne Edenfield
2762 Electric Road SW, Suite C
Roanoke, VA 24018
lawae@aol.com
(540) 342-1527
Robyn Smith Ellis
Robyn Smith Ellis, PLC
300 E. 2nd Street
Salem, VA 24153
robyn@ellisoffice.com
(540) 389-6060
www.ellisoffice.com

valawyersweekly.com

Virginia Lawyers Media, February 22, 2016 | Page B-11

Virginia Academy of Elder Law Attorneys Directory

Year the attorney entered the elder
law field: 1987

FARR

Services available:
Elder Law: Medicaid Planning, Nursing Home
Planning, Life Care Planning, Asset Protection
Planning, Special Needs Planning, Guardianship,
Powers of Attorney, Financial Powers of Attorney,
Medical Powers of Attorney, Disability Planning;
Trusts & Estates Planning and Administration:
Living Trusts, Estate Planning, Wills & Probate,
Probate Avoidance, Estate Administration
Total annual cases handled:
200-300

Evan H. Farr, CELA, CAP

The Law Firm of Evan H. Farr PC
511 Westwood Office Park
Fredericksburg, VA 22401
(540) 479-1435
10640 Main Street, Suite 200
Fairfax, VA 22030
(703) 691-1888
evanfarr@farrlawfirm.com
www.FarrLawFirm.com
Message from the attorney:
Our firm is dedicated to helping protect seniors
and their families by preserving dignity, quality of
life, and financial security.
Areas of emphasis/specialties:
Elder Law: Medicaid Planning, Nursing Home
Planning, Life Care Planning, Asset Protection
Planning; Trusts & Estates Planning and
Administration: Living Trusts, Estate Planning,
Wills & Probate, Probate Avoidance, Probate and
Trust Administration; Special Needs Planning:
Special Needs Trusts: Guardianships and
Conservatorships
Geographic areas served:
Virginia, DC and Maryland
Hours/days of week available:
Monday - Friday, 8:30 a.m. to 5:30 p.m.
Education:
University of Pennsylvania, 1984
College of William & Mary law school, 1987
Certifications:
Professional Credentials: Certified Elder Law Attorney,
National Elder Law Foundation (Virginia has no
procedure for approving certifying organizations);
Council of Advanced Practitioners, NAELA; AV-Rated
by Martindale-Hubbell; Listed in Best Lawyers in
America; Virginia Super Lawyer since 2007; DC
Super Lawyer since 2008; Washingtonian Magazine
Top Attorney since 2011; Northern Virginia Magazine
Top Attorney since 2011; Newsweek Magazine Top
Attorney in the Country since 2011

Other pertinent information:

Member of National Academy of Elder Law
Attorneys; Past Chair, Virginia Bar Association
Elder Law Section; Past President, Virginia
Academy of Elder Law Attorneys; Past Co-Chair,
Fairfax Bar Association (FBA) Elder Law Section;
Past Co-Chair, FBA Wills, Trusts & Estates Section;
Charter Member of Academy of Special Needs
Planners; Member of National Care Planning
Council Writing Credentials: Three National Best
Selling books in the field of Elder Law:
(How to Protect Your Assets From Probate PLUS
Lawsuits PLUS Nursing Home Expenses with
the Living Trust Plus; Nursing Home Survival
Guide; and Protect & Defend, which Evan
authored along with a host of other top attorneys
across the country); The Virginia Nursing Home
Survival Guide; Planning and Defending Asset
Protection Trusts (ALI-ABA); Trusts for Senior
Citizens (ALI-ABA); CPAs Guide to Long-Term Care
Planning; Plus Dozens of Additional Professional
Publications including: Fundamentals of Elder
Law (NBI, 2007); Paying for Long-Term Care
(NBI, 2007); Medicaid Practice and Appeals
(NBI, 2007); Virginia Medicaid Waiver (NBI,
2007); Asset Protection Using Trusts (NBI,
2007); Trigger Provisions Creating Special Needs
Trusts (National Academy of Elder Law Attorneys,
2007); Long-Term Care Insurance: What Is It and
Who Needs It? (Virginia CLE, 2008); Funding
a Special Needs Trust: How Much is Enough?
(National Academy of Elder Law Attorneys,
2008); Using Income Only Trusts to Qualify for
Public Benefits (National Academy of Elder Law
Attorneys, 2009)

Ron Feinman
Law Offices of Ron Feinman
801 Main Street, Suite 702
Lynchburg, VA 24504
rfeinman@oneworld.ws
(434) 528-0696
www.va-elderlaw.com
Elaine F. Ferris
Law Office of Laurie Forbes, LLC
10805 Main Street, Suite 200
Fairfax, VA 22030
ferris.forbes@verizon.net
(703) 352-2600
www.laurieforbeslaw.com

Karen L. Fortier
Karen L. Fortier, PC
3061 Brickhouse Court, Suite 101
Virginia Beach, VA 23452
elder.estatelaw@verizon.net
(757) 631-1900
www.mylawyerkaren.com
William S. Fralin, CELA
The Estate Planning & Elder Law Firm
2200 Clarendon Boulevard, Suite 1201
Arlington, VA 22201
wsf@chroniccareadvocacy.com
(703) 243-3200
www.chroniccareadvocacy.com
Martha D. Franklin
Law Office of Martha D. Franklin, PC
413 Vanderbilt Avenue
Virginia Beach, VA 23451
m.d.franklin@cox.net
(757) 477-0978
Claudia Fredericks
Fredericks & Stephens, PC
10521 Judicial Drive, Suite 303
Fairfax, VA 22030
claudia@fslawva.com
(703) 691-7575
Anna Freska
Law Office of Anna Freska
1725 I Street NW, Suite 300
Washington, DC 20006
afreska@freskalaw.com
(202) 733-7007

the orderly and tax-efficient succession of family

owned businesses, through the preparation and
implementation of Wills, Trusts, Family Limited
Partnerships and Limited Liability Companies.
Mr. Friedman serves individual clients who seek
to transfer assets efficiently to their chosen
beneficiaries. As a part of our estate planning
services, we also consider the impact of federal
income, estate, gift, and generation-skipping
transfer taxes on the transmission of wealth.
We often help our clients achieve tax savings
by establishing trusts for the benefit of family
members. We also advise our clients about the
many forms of charitable giving that may be
used to reduce taxes. Planning of this nature
includes providing for the special needs of
family members, protecting the family assets,
and assuring professional management of
these assets. We advise executors and trustees
about administration of estates and trusts
and guide them in all aspects of fulfilling their
responsibilities, including advice on income
taxation of estates and trusts as well as gift and
estate taxation. We represent clients in resolving
will disputes, interpreting wills and trusts, and
related litigation.

David A. Furrow
David A Furrow, PC
115 East Court Street
Rocky Mount, VA 24151
elder.furrow@outlook.com
(540) 483-8696
www.furrowdudley.com
Jeffrey L. Galston
Attorney At Law
2819 N. Parham Road, Suite 110
Richmond, VA 23294-4425
jeff@galstonlaw.com
(804) 346-5956

FRIEDMAN

Foster S.B. Friedman

Wade, Friedman & Sutter, PC
616 S. Washington Street
Alexandria, VA 22314
friedman@oldtownlawyers.com
(703) 836-9030
Education
Washington & Lee University
Boston University School of Law
Other pertinent information:
The Estate Planning Section of Wade, Grimes,
Friedman, Sutter & Leischner, PLLC concentrates
on planning and controversy matters involving
estate and trusts. The firm has extensive
experience advising clients on the transfer of
wealth from one generation to another, including

Martin J. Ganderson
Ganderson Law, PC
409 Bank Street, Suite 200
Norfolk, VA 23510
martin@gandersonlaw.com
(757) 622-0505
www.gandersonlaw.com
Valerie B. Geiger
The Geiger Firm, LLC
297 Herndon Parkway, Suite 104
Herndon, VA 20170-4466
vgeiger@thegeigerfirm.com
(703) 481-6464
www.thegeigerfirm.com
Jonathan Gelber
Law Offices of Jonathan Gelber, PLLC
201 Park Washington Court, #1
Falls Church, VA 22046-4527
jongelber@northernvirginialitigator.com
(703) 237-1200
Doris W. Gelbman
Gelbman Law, PLLC
1350 Stone Creek Lane, #302
Charlottesville, VA 22902
dwgelbman@gelbmanlaw.com
(434) 906-7022
www.gelbmanlaw.com

Page B-12 | Virginia Lawyers Media, February 22, 2016 valawyersweekly.com

Virginia Academy of Elder Law Attorneys Directory

Vera L. Golenzer
Needham Mitnick & Pollack, PLC
400 S. Maple Avenue, Suite 210
Falls Church, VA 22046
vlgolenzer@nmpattorneys.com
(703) 536-7778
www.nmpattorneys.com
Robert B. Goodall
Goodall, Pelt & Carper, PC
1259 Courthouse Road, Suite 101
Stafford, VA 22554
bob.goodall@gpc-lawyers.com
(540) 659-3130
www.gpc-lawyers.com
Elizabeth L. Gray, CELA, CAP
Law Offices of Elizabeth L. Gray, PLLC
4000 Legato Road, Suite 1100
Fairfax, VA 22033
ELGray@FairfaxElderLaw.com
(703) 896-7979
Ann McGee Green
Anderson, Desimone & Green, PC
4923 Colonial Avenue
Roanoke, VA 24018
ann@andersondesimone.com
(540) 776-6434
www.andersondesimone.com

Jessica A. Hayes
Hook Law Center, PC
295 Bendix Road, Suite 170
Virginia Beach, VA 23452
jhayes@hooklawcenter.com
(757) 399-7506

Suzie Hylton, M.A.

Legacy & Trust Legal Counsel, PLLC
8300 Greensboro Drive, Suite 800
Mc Lean, VA 22102
suzie@hlegacytrustlclaw.com
(703) 659-4645

Melanie Marguerite Lee

Lee Law Office, PLLC
1809 W. Main Street
Richmond, VA 23220
melanielee@mleelaw.com
(804) 204-1500

Gregory L. Haynes
Framme Law Firm, PC
6800 One Paragon Place, Suite 233
Richmond, VA 23230
ghaynes@frammelaw.com
(804) 649-1334

Susan I. Jean, CELA

The Heritage Law Group
1700 George Washington Mem. Highway, Suite D
Yorktown, VA 23693-4315
sjean@theheritagelawgroup.com
(757) 898-0898
www.theheritagelawgroup.com

Thomas Leggette
Leggette Law Firm, PLC
7215 Timber Lane
Falls Church, VA 22046
tom@tomleggette.com
(703) 698-0434
www.tomleggette.com

G. Raye Jones
Martin Wren, PC
400 Locust Avenue, Suite 400
Charlottesville, VA 22902-4858
jones@martinwrenlaw.com
(434) 817-3100
www.martinwrenlaw.com

Cathy J. Leitner
Cathy Jackson Leitner, PLC
1301 S. High Street, Suite 400
Harrisonburg, VA 22801
cleitner@leitnerelderlaw.com
(877) 663-7700
www.leitnerlawfirm.com
Rhona Levine
Coleman & Massey, PC
601 S. Jefferson Street, Suite 310
Roanoke, VA 24011
rlevine@colemanmassey.com
(540) 342-9311

Anne Heishman
Dingman Labowitz, PC
526 King Street, Suite 423
Alexandria, VA 22314
amh@dingmanlabowitz.com
(703) 519-0999
Sharon Henderson
Culin, Sharp, Autry & Day, PLC
4124 Leonard Drive
Fairfax, VA 22030
shenderson@csadlawyers.com
(703) 934-2940
www.csadlawyers.com

Barbara Lloyd Kessinger

Lloyd Law, PLLC
15033 Walking Stick Way
Haymarket, VA 20169
blk@lloydlawpllc.com
(703) 753-5429
www.lloydlawpllc.com

Angela Griffith
Law Office of Angela M. Griffith, PLC
6718 Whittier Avenue, Suite 250
McLean, VA 22101
angela@angelagriffithlaw.com
(703)448-9600

Jessica S. Henson
The Estate & Elder Law Center of
Southside Virginia
P.O. Box 864
Bassett, VA 24055
jhenson@vaelderlaw.com
(276) 629-5381
www.vaelderlaw.com

Robert W. Haley, CELA, CAP

Estate & Elder Law Center of Southside Virginia, PLLC
3371 Fairystone Park Highway
Bassett, VA 24055
rhaley@vaelderlaw.com
(276) 629-5381
www.vaelderlaw.com

Jeanne Marie Hepler

Collins & Hepler, PLC
275 W. Main Street
P.O. Box 59
Covington, VA 24426
hepler@collinshepler.com
(540) 962-6181

Bill Koerner
Elder Law, PLC
1600 Wilson Boulevard, Suite 205
Arlington, VA 22201
bill@elderlawplc.com
(703) 875-8940
www.elderlawplc.com

Phoebe Hall
Hall & Hall, PLC
1401 Huguenot Road, Suite100
Midlothian, VA 23113
phall@hallandhallfamilylaw.com
(804) 897-1515
www.hallandhallfamilylaw.com

Sheryl L. Herndon
White & McCarthy, LLP
15871 City View Drive, Suite 220
Midlothian, VA 23113
sheryl.herndon@whitemccarthy.com
(804) 379-1905

Janet L. Kuhn
Attorney at Law
11990 Market Street, # 2103
Reston, VA 20190-6014
jkuhnlaw@yahoo.com
(703) 893-2002

Vincent J. Mata
Vincent J. Mata, PLC
9116 Center Street, Suite 203
Manassas, VA 20110
lawyer@vjmatalaw.com
(571) 399-8550
www.vjmatalaw.com

Holly P. Hilton
Hilton & Associates, PLC
710 East High Street
Charlottesville, VA 22902
hollyhilton@hiltonandassociateslaw.com
(434) 984-6752
www.hiltonandassociateslaw.com

Robin K. Kutz
Miller, Walsh, Kutz & Laster, PLLC
12610 Patrick Henry Drive, Suite D
Newport News, VA 23602-9529
rkutz@mwklawva.com
(757) 595-0123
www.mwklawva.com

Deborah G. Matthews
Law Office of Deborah G. Matthews
110 North Royal Street, Suite 575
Alexandria, VA 22314
dgm@DMatthewsLaw.com
(703) 548-3699
www.DMatthewsLaw.com

Bobby D. Hines Jr.

Hines Law Offices, PC
105 Valley Road
Colonial Heights, VA 23834
hinestrustlaw@gmail.com
(804) 520-1827

Kenneth E. Labowitz
Dingman Labowitz, PC
526 King Street, Suite 423
Alexandria, VA 22314
kel@dingmanlabowitz.com
(703) 519-0999

William R. McCall
Attorney at Law
524 Holston Avenue
Bristol, TN 37620
mmcalladmin@btes.net
(423) 764-7700

Andrew H. Hook, CELA, Fellow

The Hook Law Center
295 Bendix Road, Suite 170
Virginia Beach, VA 23452
hook@hooklawcenter.com
(757) 399-7506
www.hooklawcenter.com

John Laster
Law Offices of John Laster
103 Rowell Court
Falls Church, VA 22046
JLL@TrustToLast.com
(703) 538-3600

Christopher M. McCarthy, CELA, CAP

White & McCarthy, LLP
15871 City View Drive, Suite 220
Midlothian, VA 23113
chris.mccarthy@whitemccarthy.com
(804) 379-1905
www.whitemccarthy.com

Lora F. Hamp
Allen & Carwile
109 S. Wayne Avenue
P.O. Drawer 1558
Waynesboro, VA 22980
lhamp@ntelos.net
540-932-2400
www.allencarwile.com
Ross C. Hart
Hart & Hart Attorneys, LTD
40 W. Main Street
Salem, VA 24153
rch@hhatty.com
(540) 375-3281
www.hhatty.com

William I. Kirby III

Daniel, Medley & Kirby, PC
106 E. Main Street, 2nd Floor
Martinsville, VA 24114
wkirby@dmklawfirm.com
(276) 666-1585

R. Shawn Majette
ThompsonMcMullan, PC
100 Shockoe Slip, 3rd Floor
Richmond, VA 23219
shawn.majette@verizon.net
(804) 698-6233
www.majette.net
Angela N. Manz
The Law Office of Angela N. Manz, PC
3097 Brickhouse Court
Virginia Beach, VA 23452
angela@manzlawfirm.com
(757) 271-6275
www.manzlawfirm.com

valawyersweekly.com

Virginia Lawyers Media, February 22, 2016 | Page B-13

Virginia Academy of Elder Law Attorneys Directory

Courtney K. McCarthy
McCarthy Law, PLLC
6045 Wilson Boulevard, #101
Arlington, VA 22205
cmccarthy@ckmccarthylaw.com
(703) 237-3777
www.ckmccarthylaw.com
James McConville
Law Offices of James McConville
7010 Little River Turnpike, Suite 320
Annandale, VA 22003
jmcconville@va-attorney.com
(703) 642-5353
Amy E. McCullough
Carrell Blanton Ferris & Associates, PLLC
725 Jackson Street, Suite 209
Fredericksburg, VA 22401
amccullough@carrellblanton.com
(540) 751-3591
Letha Sgritta McDowell, CELA
Walker Lambe Rhudy Costley & Gill, PLLC
240 Leigh Farm Road, Suite 100
Durham, NC 27707
(919) 493-8411
www.walkerlambe.com
S. Elizabeth McMaster
Elizabeth McMaster, Attorney at Law, PLC
910 Littlepage Street, Suite B
Fredericksburg, VA 22401
emcmaster@themcmasterlawfirm.com
(540) 371-1181
www.themcmasterlawfirm.com
Phillip J. Menke
Purnell, McKennett & Menke, PC
9214 Center Street, Suite 101
Manassas, VA 20110-1815
pmenke@manassaslawyers.com
(703) 368-9196
Yahne Y. Miorini
Miorini Law, PLLC
1616 Anderson Road, # 209
Mc Lean, VA 22102-1602
Miorini@miorinilaw.com
(703) 448-6121
www.miorinilaw.com
Judith A. Mitnick
Needham Mitnick & Pollack, PLC
400 S. Maple Avenue, Suite 210
Falls Church, VA 22046
jamitnick@nmpattorneys.com
(703) 536-7778
www.nmpattorneys.com
Helena S. Mock
Peninsula Center for Estate Planning
and Elder Law
263 McLaws Circle, Suite 104
Williamsburg, VA 23188
helena@tpcestate.com
(757) 969-1900
www.tpcestate.com
James R. Montgomery
Montgomery Law
1901 S. Main Street, #3
Blacksburg, VA 24060
jrm@jrmattorney.com
(540) 552-1663
www.jrmattorney.com

Andrea Morisi
Morisi Associates, PLLC
9315 Center Street, #103
Manassas, VA 20110
andrea@morisiassociates.com
703-468-8031

Taylor Pape
White & McCarthy, LLP
15871 City View Drive, Suite 220
Midlothian, VA 23113
taylor.pape@whitemccarthy.com
(804) 379-1905

Timothy T. Read
Timothy Read, PC
919 Raymond Road
Charlottesville, VA 22902-6014
tim@read4law.com
(770) 676-6983

Martha F. Mothershead
Baskin, Jackson & Lasso, PC
301 Park Avenue
Falls Church, VA 22046
mmothershead.bjd@gmail.com
(703) 534-3610

Jeffery R. Patton
Jeffery R. Patton, PLLC
302 W. Boscawen Street
Winchester, VA 22601
jrpatton@jrpattonlaw.com
(540) 723-0750
www.jrpattonlaw.com

Jaime Lee Rebkovich

Montgomery Law Office
1901 S. Main Street, Suite 3
Blacksburg, VA 24060
jaime@jrmattorney.com
(540) 552-1663

Kimberley A. Murphy
Hale Ball Carlson Baumgartner Murphy, PLC
10511 Judicial Drive
Fairfax, VA 22030
kmurphy@haleball.com
(703) 218-8336
Heather Dern Myers
Law Office of Heather Dern Myers
299 Rock Cliff Drive
Martinsburg, WV 25401-2835
heather@heatherdernmyers.com
(304) 263-9099
Helen Cohn Needham, CELA, CAP,
Fellow
Needham Mitnick & Pollack, PLC
400 S. Maple Avenue, Suite 210
Falls Church, VA 22046
hcneedham@nmpattorneys.com
(703) 536-7778
www.nmpattorneys.com
James OKeeffe
Gentry Locke Rakes & Moore LLP
10 Franklin Road
Roanoke, VA 24011
okeeffe@gentrylocke.com
(540) 983-9459
www.gentrylocke.com

Louis Paulson
Paulson Law Office
1432 N. Great Neck Road, Suite 101
Virginia Beach, VA 23454
office@paulsonlaw.net
(757) 481-6600

Steven C. Rhodes
BotkinRose PLC
3190 Peoples Drive
Harrisonburg, VA 22801
rhodes@botkinrose.com
(540) 437-0019
www.botkinrose.com

Paula L. Peaden
Parker, Pollard, Wilton & Peaden, PC
6802 Paragon Place, Suite 300
Richmond, VA 23230-1655
ppeaden@parkerpollard.com
(804) 261-7326
www.parkerpollard.com

Samantha V. Ricci
Collins & Hepler, PLC
275 W. Main Street
Covington, VA 24426
ricci@collinshepler.com
(540) 962-6181
www.collinshepler.com

Kimberly A. Pinchbeck
Kimberly A. Pinchbeck, PC
6932 Forest Hill Avenue
Richmond, VA 23225
kimberly@kpinchbeck.com
(804) 320-2439
www.kpinchbeck.com

John W. Richardson
Kaufman & Canoles
2101 Parks Avenue, Suite 700
Virginia Beach, VA 23451
jwrichardson@kafcan.com
(757) 491-4004

P. Elizabeth Pirsch
Pirsch & Associates, PLLC
1307 Duke Street
Alexandria, VA 22314
elizabeth@pirschlaw.net
(703) 548-5182

Margaret A. OReilly, CELA, CAP

Law Office of Margaret A. OReilly, PC
441A Carlisle Drive
Herndon, VA 20170
maoreilly@maoreilly.com
(703) 787-8173
www.maoreilly.com

Susan K. Pollack
Needham Mitnick & Pollack, PLC
400 S. Maple Avenue, Suite 210
Falls Church, VA 22046
skpollack@nmpattorneys.com
(703) 536-7778
www.nmpattorneys.com

William H. Oast III

Oast & Taylor, PLC
355 Crawford Street, Suite 720
Portsmouth, VA 23704
oast@OastTaylor.com
(757) 452-6200
www.OastTaylor.com

Jeremy L. Pryor
Carrell Blanton Ferris & Associates, PLC
7275 Glen Forest Drive, Suite 310
Richmond, VA 23226
jpryor@carrellblanton.com
804-285-7900
www.carrellblanton.com

Natalie T. Page
Life & Estate Planning Law Center, PLLC
1225 Martha Custis Drive, Suite 103
Alexandria, VA 22302
NPage@lifeandestateplanninglaw.com
(703) 820-3600
www.lifeandestateplanninglaw.com

Kathryn Lee Pryor

Virginia Poverty Law Center
919 E. Main Street, Suite 610
Richmond, VA 23219
kathy@vplc.org
(804) 782-9430 x14
www.vplc.org

Timothy K. Palmer
Timothy K. Palmer, PC
1530 Breezeport Way, Suite 400
Suffolk, VA 23435
timothy@palmerelderlaw.com
(757) 484-9494
www.palmerelderlaw.com

Kevin B. Rack
Rack & Olansen, PC
249 Central Park Avenue, Suite 220
Virginia Beach, VA 23462
kevin.rack@racklaw.com
(757) 605-5000
www.racklaw.com

Glen M. Robertson
Wolcott Rivers Gates
301 Bendix Road, Suite 500
Virginia Beach, VA 23452
grobertson@wolriv.com
(757) 497-6633, ext. 243
Gene D. Robinson III
Griffith Robinson, PLC
4620 Lee Highway, Suite 216
Arlington, VA 22207
grobinson@griffithrobinson.com
(703) 224-8282
www.griffithrobinson.com
C. Arthur Robinson II
Wolcott Rivers Gates
301 Bendix Road, Suite 500
Virginia Beach, VA 23462
arobinson@wolriv.com
(757) 497-6633
www.wolcottriversgates.com
Hanna Lee E. Rodriguez
Walker Jones, PC
31 Winchester Street
Warrenton, VA 20186
hrodriguez@walkerjoneslaw.com
(540) 347-9223
www.walkerjoneslaw.com
Rowell Karen
Layman & Nichols, PC
268 Newman Avenue
Harrisonburg, VA 22812
krowell@layman-nichols.com
(540) 236-6115
www.layman-nichols.com

Page B-14 | Virginia Lawyers Media, February 22, 2016 valawyersweekly.com

Virginia Academy of Elder Law Attorneys Directory

Robert E. Rude
Coleman & Massey, PC
601 S. Jefferson Street, Suite 310
P.O. Box 1489
Roanoke, VA 24007
rrude@colemanmassey.com
(540) 343-5508
Charles P. Sabatino, Fellow
ABA Commission on Law & Aging
1050 Connecticut Avenue NW, Suite 400
Washington, DC 20036-5369
charles.sabatino@americanbar.org
(202) 662-8686

Jacqueline T. Sandler
Dingman Labowitz, PC
526 King Street, Suite 423
Alexandria, VA 22314
jts@dingmanlabowitz.com
(703) 519-0999
www.dingmablabowitz.com
Mary Ann Schaffer
Parks & Schaffer
P.O. Box 320242
Alexandria, VA 22320-4242
maryann@parksandschaffer.com
(703) 229-0191
Catherine F. Schott Murray
Odin, Feldman & Pittleman, PC
1775 Wiehle Avenue, Suite 400
Reston, VA 20190
catherine.schottmurray@ofplaw.com
(703) 218-2175
www.ofplaw.com
Betsy Sue Scott
Attorney at Law
11710 Plaza America Drive, Suite 2000
Reston, VA 20190
betsysuescott@bsscottlaw.com
(703) 871-5070
www.bsscottlaw.com
Billy J. Seabolt
Billy J. Seabolt, Esq.
P.O. Box 3043
Williamsburg, VA 23187
bjs@familywealthlaw.com
(434) 846-3880
James P. Seidl
Seidl Law Offices, PC
5672 Flintstone Drive
Barboursville, VA 22923
office@jamesseidllaw.com
(434) 964-0366
www.jamesseidllaw.com

Luray, VA 22835
gshanks@harrisonburglaw.com
(540) 743-4511

Message from the attorney:

Miller, Earle & Shanks, PLLC is a full service law
firm, with offices in Harrisonburg, Luray and Front
Royal with six attorneys and 5 paralegals, serving Kimberly A. Skiba-Rokosky
Surovell Isaacs Petersen & Levy PLC
the legal needs of residents in the northern
4010 University Drive, 2nd Floor
Shenandoah Valley.
Fairfax, VA 22030
krokosky@sipfirm.com
Areas of emphasis/specialties
(703) 251-5400
Guardianships and Conservatorships and Special
www.sipfirm.com
Needs Trusts, Estate Planning, Business and
Commercial representation, Civil Litigation, Personal
Eric D. Smith
Injury, Wrongful Death, Criminal law and traffic
representation, Domestic Relations practice, including McCallum & Kudravetz, PC
250 East High Street
divorce, custody and separation agreements
Charlottesville, VA 22902
esmith@mkpc.com
Geographic areas served:
26th Judicial Circuit: Page, Shenandoah, Warren, (434) 293-8191
www.mkpc.com
Clarke, Frederick & Clarke Counties, Cities of
Harrisonburg and Winchester; 25th Judicial
Sandra L. Smith, CELA
Circuit: Augusta County, Cities of Staunton and
Oast & Taylor PLC
Waynesboro
355 Crawford Street, Suite 720
Portsmouth, VA 23704
Hours/days of week available:
smith@oasttaylor.com
Monday - Friday 8:30 am - 5:00 pm
Weekends, evenings and home/hospital visits by (757) 452-6200
www.oasttaylor.com
appointment
Education:
Indiana University [BA - Psychology, 1966)
Temple University School of Law [Juris Doctor,
1969]
Certifications:
Licensed to practice in all Virginia Courts,
September 2, 1969
United State District Court, WD-VA [1972]
United States Court of Appeals, Fourth Circuit
[1981]
United States Supreme Court [2004]
Other pertinent information:
Commissioner of Accounts for Page County,
Virginia
Virginia State Bar President, 2011-2012
Virginia State Bar Council, 2006-2013
VSB Senior Lawyers Conference Chair, 2008
VSB Conference of Local Bar Associations Chair,
2007
VSB Local Bar Leader of the Year [2000]

Walter J. Sheffield
Attorney at Law
P.O. Box 7818
Fredericksburg, VA 22404
law@wshefflaw.com
(540) 373-2500
Linda Stiles Shively
9415 Ravina Court
Fairfax Station, VA 22039
(703) 989-2918

SHANKS

George Warren Shanks

Miller, Earle & Shanks, PLLC
136 General Drive, Suite 200

Joseph Z. Simmons
The Simmons Law Firm
16 E. Main Street
Christiansburg, VA 24073
joey@thesimmonslawfirm.com
(540) 382-3001

Eugene Sim
Sim Legal, PC
4000 Legato Road, Suite 1100
Fairfax, VA 22033
esim@simlegal.com
(703) 896-7686
www.simlegal.com

Ari N. Sommer
Stapleton Elder Law
1411 Sachem Place, Suite 2
Charlottesville, VA 22903
ari@elderlaw-va.com
(434) 293-7788
www.elderlaw-va.com
Daniel C. Staggers
Staggers & Staggers
133 E. John Street
Martinsburg, WV 25401
staggersandstaggers@frontier.com
(304) 267-3915
Simon J. Stapleton
Stapleton Law Firm
1411 Sachem Place, Unit 2
Charlottesville, VA 22901
simon@elderlaw-va.com
(434) 293-7788
www.elderlaw-va.com
Joley L. Steffens
Thompson McMullan
100 Shockoe Slip
Richmond, VA 23219
jsteffens@t-mlaw.com
(804) 698-5934
Paula Danielle Stone
PennStuart
208 East Main Street
Abingdon, VA 24210-2904
dstone@pennstuart.com
(276) 623-4423

SUNDERLIN

Matthew C. Sunderlin , CELA

Clark & Bradshaw, PC
92 N. Liberty Street
Harrisonburg, VA 22802
sunderlin@clark-bradshaw.com
(540) 433-2601
Message from the attorney:
Matthew C. Sunderlin joined Clark &
Bradshaw, P.C. in 1999 and is a partner; he
has represented the elderly, the disabled, their
families and advocates in the area of Elder Law
since 1998. Clark & Bradshaw, PC is a full
service law firm located in Harrisonburg founded
in 1948. On the web you can find the firm at
www.clark-bradshaw.com.
Areas of emphasis/specialties:
He is a member of the National Academy of Elder
Law Attorneys, the Virginia Academy of Elder
Law Attorneys (Past Board Member), Virginia
Guardianship Association, and a member of the
board of the Elder Law Section of the Virginia
Bar Association. Mr. Sunderlin was listed in the
2008, 2009, 2012, 2013, 2014, 2015 and
2016 Virginia Super Lawyers magazine in the
area of Elder Law. He is a lecturer and author
in the area of Elder Law for Virginia Continuing
Legal Education, Inc.
Geographic areas served:
Cities of Winchester, Harrisonburg, Charlottesville,
Staunton and Waynesboro and the Counties
of Albemarle, Page, Frederick, Clarke, Warren,
Shenandoah, Rockingham, Augusta, and Highland.
Hours/days of week available:
He is available for appointments Monday through
Friday from 9 a.m. to 5 p.m.
Education:
Mr. Sunderlins education includes a
baccalaureate degree from Hampden-Sydney
College (1989) and a juris doctor from Regent
University School of Law (1995).
Certifications:
He is Certified as an Elder Law Attorney by the
National Elder Law Foundation (2003present)
and is certified as a Guardian ad litem for
incapacitated adults by the Virginia Supreme
Court (2003present).
Year the attorney entered the elder
law field: 1998

valawyersweekly.com

Virginia Lawyers Media, February 22, 2016 | Page B-15

Virginia Academy of Elder Law Attorneys Directory

Services available:
His practice includes elder law, tax and nontax
estate planning, probate, estate and trust
administration, incapacity planning including
powers of attorney and advance medical
directives, planning with regard to Medicaid,
Medicare, Veterans Benefits, Social Security and
Supplemental Security Income, and real estate
settlement and fiduciary services. He handles
litigation involving these issues, such as Will
contests, trust and estate administration disputes
and has substantial experience in guardianships
and conservatorships. Clark & Bradshaw is well
suited to handle estate, gift and fiduciary income
tax-related matters as it employs two experienced
certified public accountants.
Total annual cases handled:
Annually, he handles approximately 250 cases.
Other pertinent information:
Mr. Sunderlin is an active member of his
community. He is a member and a past President
of the HarrisonburgRockingham Bar Association,
a member of the Board of Directors of the Central
and Western Virginia Chapter of the Alzheimers
Association (2014present), and is a past
President of Autumn Valley Guardianship, a
Public Guardianship program (20072015).
He is a past President and board member of the
Rotary Club of Harrisonburg (20072010), a
past President and board member of The Arc of
Harrisonburg/Rockingham (20022009), a past
President and board member of The Elder Alliance
(20032009), a past board member of the Blue
Ridge Community College Educational Foundation
(20052011), and a past board member of the
Commonwealth Community Trust (2004-2010).

Rod Sutherland
Attorney at Law
484 Viking Drive, Suite 120
Virginia Beach, VA 23452
RSutherland@rslaw.hrcoxmail.com
(757) 468-7777
www.rodsutherlandlaw.com
Stephen E. Taylor
Oast & Taylor PLC
277 Bendix Road, Suite 400
Virginia Beach, VA 23452
taylor@oasttaylor.com
(757) 452-6200
www.OastTaylor.com
Frank A. Thomas III
Frank A Thomas III, PLC
P.O. Box 190
149 West Main Street
Orange, VA22960
fthomas@thvalaw.com
(540) 672-2711

Kelly A. Thompson
Thompson Wildhack, PLC
6045 Wilson Boulevard, Suite 101
Arlington, VA 22205
Kelly@twplc.com
(703) 237-0027
www.twplc.com
Robert Vaughan Timms Jr.
Inman & Strickler, PLC
575 Lynnhaven Parkway, Suite 200
Virginia Beach, VA 23452
rtimms@inmanstrickler.com
(757) 486-7055
William A. Truban, Jr.
Owen and Truban, PLC
103 North Braddock Street
Winchester, VA22601
btruban@owentruban.com
(540) 678-0955
www.owentruban.com
Alicia R. Truitt
The Estate Planning & Elder Law Firm, PC
2200 Clarendon Boulevard, Suite 1201
Arlington, VA 22201-3331
art@chroniccareadvocacy.com
(703) 243-3200
Lisa Tuck
Law Office of Lisa M. Tuck
2727 McRae Road
Richmond, VA 23235
ltuck@tuck-law.com
(804) 272-1491
www.tuck-law.com

Urbanna Office
110 Grace Avenue
Urbanna, VA 23175
804-758-2244
Attorneys:
Joseph T. Chip Buxton III, CELA
Certified Elder Law Attorney by the National Elder
Law Foundation
G.P. Wakefield Buxton, JD, LLM
Master of Law in Estate Planning
Accredited Estate Planner
Areas of emphasis/specialties:
Elder Law, Trusts & Estates Planning and
Administration, Special Needs Planning and
Business Succession Planning

Karl W. Uotinen
Kari Uotinen, PC
P.O. Box 74
Fincastle, VA 24090-0074
karl@uotinenlaw.com
(540) 598-2057
Robert T. Vaughan Jr.
Robert T. Vaughan Jr., PC
772 Main Street
Danville, VA 24541
rvaughan@robertvaughan.net
(434) 792-5005
www.robertvaughan.net
James M. Vitt
Vitt Law Offices, PLC
880-A Rio East Court
Charlottesville, VA 22901
jim@vittlaw.com
(434) 971-3025
www.vittlaw.com

Buxton & Buxton, PC

Estate & Legacy Planning Since 1978

TrustBuilders Law Group

www.trustbuilders.net
Firm Addresses and Phone Numbers:
Williamsburg Office
295 McLaws Circle, Suite 2
Williamsburg, VA 23185
757-345-6644
Yorktown Office
914 Denbigh Boulevard
Yorktown, VA 23692
757-877-2248

Joseph Volpe III

Attorney at Law
32 Waterloo Street, Suite 101
Warrenton, VA 20186
jvolpe@infionline.net
(540) 349-3010
Elizabeth Munro von Keller
Von Keller Law
8567 Sudley Road, Suite D
Manassas, VA 20110-3865
emvk@vonkellerlaw.com
(703) 361-2299
www.vonkellerlaw.com
Melissa D. Walden
Virginia Estate & Trust Law, PLC
7202 Glen Forest Drive, Suite 204
Richmond, VA 23226-3770
mwalden@vaetlaw.com
(804) 592-3559
www.vaetlaw.com

Pamela D. Wallace
TrustBuilders Law Group
914 Denbigh Boulevard
Yorktown, VA 23692
(757) 877-2248
Carolyn A. White
White & McCarthy, LLP
15871 City View Drive, Suite 220
Midlothian, VA 23113
carolyn.white@whitemccarthy.com
(804) 379-1905
www.whitemccarthy.com
Thomas R. White
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903-1738
trw@virginia.edu
(434) 924-3896
Elizabeth L. Wildhack
Thompson Wildhack, PLC
6045 Wilson Boulevard, Suite101
Arlington, VA 22205
Elizabeth@TWplc.com
(703) 237-0095
Loretta Morris Williams, CELA, CAP
Hale Ball Carlson Baumgartner Murphy, PLC
10511 Judicial Drive
Fairfax, VA 22030
lwilliams@haleball.com
(703) 359-9213
www.uselderlaw.com
Veronica Elizabeth Williams
Law Office of Veronica E. Williams
11815 Fountain Way, Suite 300
Newport News, VA 23606-4448
veronica@virginialifecareplanning.com
(757) 926-5282
Patricia A. Woodward
Patricia A. Woodward
31 S. Second Street
Warrenton, VA 20186-3349
paws@infionline.net
(540) 347-1482
Chris Wright
G. Christopher Wright, PLLC
124 S. Royal Street
Alexandria, VA 22314-3328
chris@gcwrightlaw.com
(703) 836-3400
www.gcwrightlaw.com
Edward E. Zetlin
Edward Zetlin Law
2921-A S. Woodstock Street
Arlington, VA 22206
ed@zetlinlaw.com
(703) 379-0442
www.zetlinlaw.com

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VAELA is Leading the Way in Special

Needs and Elder Law in Virginia!
Members of the Virginia Academy of Elder Law Attorneys (VAELA), a chapter of the National
Academy of Elder Law Attorneys, are the premier providers of legal representation, guidance and
services to enhance the lives of seniors, people with special needs, and their families. The number
of older individuals in the population is projected to increase to 71.5 million in 2030, representing
nearly 20 percent of the U.S. population. As a result, the need is growing for specialized legal advice
concerning aging-related issues.
Founded in 2002, VAELA now has more than 160 members throughout the Commonwealth.
Members benefit from a unique, cooperative atmosphere which affords networking and practice
development opportunities for elder and special needs law attorneys. Members also work closely
with other organizations dedicated to serving elders and the disabled and can pursue opportunities
to influence legal reforms and public policy.
Membership in VAELA is available only to attorneys who are members of the National Academy of
Elder Law Attorneys (NAELA). NAELA member benefits include continuing education opportunities,
NAELA listserv, mentoring services, products and services to help you in your practice and more!
For more information on becoming a member, please visit VAELA.org