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Elder Law

Elder Law in Virginia

As we get older, our needs change, and seniors face complex legal concerns that may be quite different from what they experienced when they were younger. As we and those we love age and if our loved ones face a health challenge, it is essential to consult an attorney experienced in elder law and long-term care planning in Zion Crossroads, Lake Anna, Troy, Mineral, and surrounding central Virginia areas.

We provide legal counseling for older persons and their representatives while advocating for and protecting their legal rights. In this context, we are often called upon to assist clients and their loved ones with estate planning, disability planning, long-term care planning, Medicaid eligibility, and protecting assets from nursing home costs. Lelia and Michael Winget-Hernandez help older adults and their loved ones create a plan that allows them to safely and comfortably maintain autonomy and quality of life for as long as possible.

The Importance of Elder Law

Virginia elder law attorneys help create a legal plan to protect your assets and ensure your wishes are met in your golden years of life. Today, our aging population faces several challenges, including the high cost of long-term care. An elder law attorney can help you, or a loved one finance care with the lowest impact on your assets—for example, protecting your home. As you or a loved one age, the need for care shifts and preparing for elder care in Virginia can be overwhelming. If you start planning sooner, you or a loved one will have more options available for Virginia’s future care needs.

Our experienced elder law attorneys can legally guide you with a plan for your healthcare needs and protect your assets. Our Virginia elder law services include:

  • Long-Term Care Planning
  • Medicaid Planning
  • Medicaid Crisis Planning
  • Special Needs Planning

Understanding the Challenges of Aging in Place in Virginia

According to AARP, 3 out of 4 Americans aged 50 or more are aging in place. Seniors who want to reside in a community (aka, age in place) rather than seek residential institutions or nursing homes in Virginia are primarily dependent on unpaid caregivers and family members for assistance with activities of daily living (ADL). These activities include laundry, self-care actions like bathing and dressing, meal preparation, and transportation.

Virginia Medicare provides some long-term care services and supports (LTSS); however, the LTSS program falls far from the need. While the aging population in America is rapidly increasing, lawmakers are slow to respond to the insufficient funding to increase the availability of LTSS for seniors choosing to age in place. If you or a loved one’s strategy is to age in place in Virginia, have a discussion early on with a trusted Virginia elder law attorney and family members to address some of the challenges you will eventually have to overcome when aging in place in Charlottesville and surrounding central Virginia areas.

Virginia Elder Law Attorneys Who Care

Michael and Lelia are members of ElderCounsel, a national organization of elder law attorneys that provides support and education to its members and updates on the changes in the law.  Lelia is a certified elder law attorney (CELA) specializing as a legal advocate for aging adults and their loved ones in Virginia. She is also a member of the Virginia Academy of Elder Law Attorneys, a professional organization of elder law attorneys providing its members with information, education, and support for the elderly and disabled, their caregivers, and advocates.

About fifty percent (50%) of us will become incapacitated before we die. At Commonwealth Life and Legacy Counsel, we work closely with our clients and their loved ones to help them create and implement a proactive plan for disability whenever possible. We take the time to get to know our clients and provide a lot of personal attorney attention. We also stand ready to help our clients’ loved ones implement their plans if our clients cannot act or make decisions for themselves.

If you have questions about elder law for your particular situation, please call or email us to schedule a free initial consultation. Commonwealth Life and Legacy Counsel have offices in Zion Crossroads, Lake Anna, Troy, and Mineral to best serve our central Virginia community.

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