VIRTUAL SENIOR L AW DAY OCTOBER 2 8, 202 0 1 1:00 A .M.PRESENTE D BY NORFOLK & P ORT SMOUTH BAR ASSOCIATION&SENIOR SERVICE S OF SOUT HEASTERN VIRGI NIA Make Your Life Decisions Now – Don’t Let Others Make Them For You PresentersM. Bradley Brickhouse, Attorney at LawOast & TaylorJessica A. Hayes, Attorney at Law Wolcott Rivers GatesModerated by Caryn R. West, Attorney at LawParks Zeigler AgendaGuardianships/ConservatorshipsFinancial DecisionsGeneral Durable Power of AttorneyRevocable Living TrustsMedical DecisionsMedical Power of AttorneyAdvance Medical Directive or “Living Will” OAST& TAYLORPLC(757) 452-6200www.OastTaylor.comVirginia Beach | Portsmouth |Chesapeake | Elizabeth City Guardianships& Conservatorships M. Bradley BrickhouseAttorney at LawBrickhouse@OastTaylor.com Guardianship of AdultsGuardianship is “of the person.”Guardianship is normally used when individual does not have proper documents already in place (i.e., AMD)Ability to make decisions for an incapacitated personResidentialMedicalEducationalEmploymentGuardianship may be limited or general Conservatorship of AdultsConservatorship is “of the estate.”Conservatorship is used when individual does not have proper documents already in place (i.e., POA)A conservator has the ability to make financial decisions for incapacitated personConservatorship may be limited or general Appointment ProcessPetitions to appoint a Guardian and/or Conservator filed with Circuit CourtFor adults over the age of 18Can be done up to six months in advance of child turning age 18Parents can also nominate standby Guardian and/or Conservator at the same timePetitioner does not have to be person seeking appointmentGuardian and Conservator can be the same personCan have Co-Guardians and Co-Conservators Appointment ProcessCircuit Court appoints Guardian ad litem (GAL) for proceedingsAttorney licensed in Virginia with special training“Eyes and ears” of the CourtGAL provides the Court with a report of his or her findingsPerson is provided notice of the proceedingsProcess takes away his or her civil rightsDoctor provides a medical evaluationCourt holds a hearing on the petitionCourt appoints Guardian and/or Conservator, who then qualifies before the Clerk of Court DutiesGuardianFiles annual report with Department of Social ServicesConservatorFiles annual accountings with the Commissioner of AccountsSurety bond normally requiredMay require Court permission for some specific actsSelling real estateGifting to spouse or children DPOA/AMD vs. Guardianship and ConservatorshipDPOA/AMDPreserves independencePreserves legal rights (contract, vote, marry, drive)Streamlines decision-makingBut – can revoke documentsGuardianship and ConservatorshipCan provide additional protection Revokes legal rightsLegal IncapacitationEmphasis on functional capacity, not diseasePoor judgment alone is not sufficient proof of incapacitation Powers of AttorneyJessica A. HayesAttorney at Law200 Bendix Road, Suite 300Virginia Beach, Virginia 23452www.wolcottriversgates.comjhayes@wolriv.com(757) 687-3610
General Durable Power of AttorneyPrincipalAgent (Attorney-in-Fact)Agent is given the power to handle your finances. Generally your agent can do anything that you can do.Some actions require specific authority:Gifting – may be restricted to specific giftsChanging beneficiary designationsFor each of these, restriction to consistency with existing estate plan may prevent fraudSpringing Powers – Require a Doctor’s Certification that the Principal is incapacitated.