Questions and answers
The questions families ask us most, answered in plain words. Rules differ by state; these answers describe Virginia and the general picture.
Getting started
Do I need my parent's permission to call you?
No. Adult children call us every day, and a first conversation is a good place to start. If your parent becomes our client, we will want to speak with them directly, and we will ask their permission before sharing details with the family.
Who is your client, me or my parent?
Usually the older adult is our client, even when an adult child calls, books and helps pay. That means we take our direction from your parent and keep their confidences. We will explain this clearly at the start, so no one is surprised.
Can you come to the house, the hospital or the nursing home?
Yes. We visit homes, hospitals, rehab centers and care facilities in the Roanoke Valley on weekdays. We also meet by video or phone, which works well for family members who live far away.
What should I bring to the first meeting?
Whatever you can find easily: recent bank statements, any existing will or power of attorney, insurance cards and a list of medications or diagnoses. Do not wait to gather everything. We send a checklist and help with the rest.
Medicaid and paying for care
What is the Medicaid look-back?
When someone applies for nursing home Medicaid, the state looks back at gifts and transfers made in the months before the application. In Virginia and most states that window is 60 months, or five years. Gifts in that window may lead to a penalty period. Rules differ by state.
What does "spend down" mean?
Medicaid has a limit on how much a person can have in savings. Spending down means using extra savings on allowed things, like care bills, paying off debts or certain home repairs, until savings are under the limit. Some ways of spending down are allowed and some cause penalties, so it is worth asking first.
Doesn't Medicare pay for the nursing home?
Medicare can cover a short skilled nursing or rehab stay after a hospital admission, under certain conditions. It does not pay for long-term custodial care, which is help with daily living over months or years. That is where Medicaid, savings, VA benefits or insurance come in.
Can we just give money to the kids so Mom qualifies?
Gifts made within the look-back can cause a penalty period, and gifts made without a plan can leave a parent short of money. Some transfers are allowed. Please talk with us before moving any money.
Guardianship and decisions
Is guardianship the same as power of attorney?
No. A power of attorney is a document a person signs to choose their own helper. Guardianship is a court case where a judge gives someone authority because the person can no longer choose. A power of attorney, when possible, is simpler and keeps the person in charge.
How long does guardianship take?
It depends on the court, the medical evaluation and whether anyone objects. Uncontested cases often take a few months. Emergencies can move faster. We give you a realistic timeline for your court at the start.
What does a guardian have to do after the hearing?
A guardian makes decisions in the person's best interest, visits regularly, and files a yearly report. A conservator keeps records and files accountings. We help with the first ones so you know the routine.
Fees
How do your fees work?
Most of our work is a flat fee, written down before we start. Court cases that can grow, like a contested guardianship, are hourly with a written estimate. Fees on this site are example fees for a sample firm.
Is the first meeting free?
A first 15-minute phone call is free, so you can tell us what is happening and we can tell you if we are the right fit. The full planning consultation is $350, credited toward your plan if you go ahead.
Can my parent's money pay the legal fee?
Often yes, and paying for needed legal help can be an allowed use of a parent's money. If you are the agent under a power of attorney, we will explain how to record it properly.
Working with us
Will I talk to a lawyer or an assistant?
Your first meeting is with an attorney. After that, you will also hear from Rosa or Ben, who handle paperwork and scheduling, but legal questions always go to your attorney.
How quickly do you call back?
We return every call within one business day. If a hospital discharge or court date is close, tell us when you call so we can move faster.
Do you help families outside Virginia?
Our attorneys are licensed in Virginia. If your parent lives in another state, the rules there apply, and we can help you find an elder law attorney licensed in that state.
Still have a question?
Book a consultation online in about three minutes, or call and a real person will answer. We return every call within one business day.