von Keller Thelin Williams, PCManassas Elder Law and Estate Planning Attorney | Criminal Defense2026-07-31T09:55:18Zhttps://www.vktwlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200574/2025/11/Untitled-1s-75x75.jpgOn Behalf of von Keller Thelin Williams, PC<![CDATA[Who makes medical decisions without an advance directive?]]>https://www.vktwlaw.com/?p=493192026-07-31T09:55:18Z2026-07-31T09:55:18ZWho can make medical decisions?
Virginia law makes a priority list for who can act on behalf when there is no advance medical directive. In general, healthcare providers look at the first available person in this order:
A court-appointed guardian with authority to make healthcare decisions
A spouse, unless a legal exception applies
Adult children, who have equal priority
Parents
Adult siblings, who also have equal priority
Other relatives based on their relationship to the patient, as allowed by Virginia law
This order helps medical providers identify who can speak for the patient. Even so, the questions can still arise when several relatives share the same priority.
What happens if family members disagree?
Disagreements are most common when more than one adult child or sibling is involved. Virginia law generally allows the majority of available people within the same group to make decisions. If family members cannot agree, healthcare providers may delay certain decisions while working toward a resolution. In some cases, additional legal steps may become necessary before the matter can move forward.
Planning ahead can help families avoid those difficult situations.
Why does planning ahead matter?
An advance medical directive allows an adult to choose a trusted person to make medical decisions if they cannot communicate. It also gives clear instructions about future medical care. Creating this document can reduce uncertainty, limit family disagreements and help ensure that medical decisions reflect the individual's wishes rather than Virginia's default decision-making process.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[What reports must Virginia guardians and conservators file?]]>https://www.vktwlaw.com/?p=493182026-07-28T12:42:49Z2026-07-28T12:42:49ZVirginia guardianship or conservatorship role, or both.
1. Guardian’s reports
If you serve as a guardian, you must file an initial report within six months after you formally qualify before the circuit court clerk. It covers the first four months and goes to the local department of social services where the incapacitated adult under your care lives.
The report addresses the person’s health, living arrangements, care, visits and any signs of abuse, neglect or exploitation.
Later reports cover 12-month periods and are due within four months after each period ends. You must also state whether the guardianship should continue or change.
2. Conservator’s inventory
If you manage the person’s property, you must file an inventory with the commissioner of accounts, the court-appointed official who reviews financial filings, within four months after the court enters the order giving you authority. It identifies the money and property you manage, including property the person owns with others and regular income such as pension or benefit payments.
3. Conservator’s accountings
Your first accounting goes to the commissioner of accounts within six months after you formally qualify before the circuit court clerk. It covers the first four months of your service. It documents the money and property you received, managed or spent for the person. The commissioner may also review whether the bond protecting the person’s property remains sufficient.
Later accountings also go to the commissioner of accounts. They generally cover 12-month periods and are due within four months after each period ends. Keep bank statements, receipts, invoices and transaction records to support each filing.
Check your court order for additional duties
These standard reports may not cover every responsibility tied to your appointment. Your court order may limit the decisions you can make or require additional steps before certain transactions. Review the order before acting so you understand the authority the court granted you. If any condition is unclear, legal guidance can help you determine how it affects your role.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[What are the limits of a Virginia guardian’s authority?]]>https://www.vktwlaw.com/?p=493162026-07-22T17:35:10Z2026-07-22T17:35:10ZThe court decides what a guardian can do
Virginia probate courts do not give the same authority to every guardian. Instead, the court outlines the role and responsibility the guardian will have. The court might give more authority in some cases. In other cases, the court might limit a guardian’s role so the individual can continue making some decisions independently.
Because every situation is unique, a family must read the court papers carefully instead of assuming that it covers every aspect of a person’s life.
A guardian’s authority is not unlimited
Depending on the court's order, a guardian usually makes decisions that involve:
Medical treatment and healthcare choices
Living arrangements and housing placements
Personal care and day-to-day choices
However, a guardian’s authority might also have limits. Existing legal documents, like a valid advance medical directive or a durable power of attorney, remain active. A guardianship cannot simply override those documents without separate permission from a judge. The courts also preserve some decision-making rights if the individual can still exercise them.
Understanding the role before making decisions
Stepping up as a guardian involves more than just making decisions for someone. It also means respecting the authority granted by the court while acting in the incapacitated person’s best interest.
Families can feel much more confident when they understand both the responsibilities and the limits that come with guardianship. If questions arise about what a guardian can and cannot do, seeking legal guidance can help clarify how the court’s order applies to a particular situation.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[The challenges families face when there is no power of attorney]]>https://www.vktwlaw.com/?p=493152026-07-03T18:54:59Z2026-07-03T18:54:59Zcreate a POA. When a loved one is incapacitated without one in place, families often find themselves facing unexpected legal and practical challenges.
Everyday decisions can become major obstacles
Without a valid POA, relatives may lack the legal authority needed to access bank accounts, pay bills, manage investments or even make medical decisions on behalf of a loved one who’s incapacitated. As a result, tasks that would normally be routine can become significant challenges.
For instance, important financial obligations or health care decisions may go unattended while families work to determine how to obtain the authority necessary to act on behalf of their loved one.
Legal proceedings may be required
When a loved one becomes incapacitated without a POA, court proceedings may be necessary before anyone can legally make decisions on that person's behalf. This can involve seeking guardianship, conservatorship or both, depending on the circumstances.
This court process can take time and require substantial documentation, including medical evidence demonstrating incapacity. Court hearings, filing fees and ongoing reporting requirements may also increase the financial and administrative burden on the family.
Competing opinions can lead to disputes
The absence of a POA can also create uncertainty about who should be responsible for making decisions. Adult children, spouses and other relatives may have different opinions regarding finances, healthcare arrangements or long-term care plans. Even families that typically get along may find themselves struggling to reach an agreement during an emotionally difficult period.
Creating a POA before it becomes necessary can help remove uncertainty for loved ones, maintain control over who will handle important affairs and minimize the need for court intervention when the time comes. For families already navigating a loved one's incapacity without a POA, understanding the available legal options is essential to taking informed action and protecting their interests.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[Should you be worried if someone contests the will?]]>https://www.vktwlaw.com/?p=493132026-07-02T14:26:27Z2026-07-02T14:26:27ZDiscovering that someone is contesting your loved one's will can trigger anxiety. Whether the challenge comes from an estranged family member or a distant relative, the stakes can be high. However, understanding how Virginia courts evaluate these disputes can help reduce your fears.
How might the contestant challenge the will?
A contestant cannot challenge a will simply because they are unhappy with their inheritance. They must have valid legal grounds. In a Virginia court, they may allege that:
The testator lacked the mental clarity to make or execute a will.
Someone engaged in fraud by faking signatures or improperly altering the document.
Someone coerced or manipulated the testator into signing a will in their favor.
The court will carefully evaluate any allegations made by going through the will and other related documents before reaching a conclusion.
How will the court review the case?
Successfully contesting a will is incredibly difficult because Virginia estate planning law generally presumes that a properly executed will is valid unless sufficient evidence shows otherwise. Therefore, the burden of proof strictly lies with the contestant. They must present sufficient evidence to support their claim. Family drama or mere suspicion may not give legitimate grounds for a contest.
How a legal professional may help
While challenging the will can be difficult, it is not impossible. If you don’t prepare a strong defense, you might lose what is rightfully yours. With the help of a legal guide experienced in estate planning, you can come up with an airtight defense strategy. They can help you review the will, strengthen the witnesses' statements and bolster your case.
]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[Why long-term partners need estate plans to protect each other]]>https://www.vktwlaw.com/?p=493112026-06-16T16:34:28Z2026-06-16T16:34:28ZMany couples remain in long-term committed relationships for years and even decades – often until one of them passes away. If you’re in one of those couples, you and your partner may feel like you’re married, but in the eyes of the law, you aren’t.
That means when one of you eventually passes away, the other may not be entitled to receive any of the other’s individual assets without proper planning. Even before that, your unmarried status could cause problems if one of you becomes seriously ill or injured and the other has to make decisions on their behalf or conduct financial transactions.
Virginia’s intestate succession law
If a person dies without a will, state law determines how their estate is passed down. Here in Virginia, as in other states, the assets go to people related to the deceased by blood, marriage or adoption, with those closest in lineage at the top. In Virginia, surviving spouses get everything unless there are surviving children, in which case the estate is divided among them. If the deceased isn’t survived by a spouse or children (or grandchildren), any surviving parents, siblings and grandparents inherit their estate. If there are none, other living relatives will be sought. If none are found, the assets go to the state.Non-relatives, no matter how close they were to the deceased, are nowhere in that line of succession. It’s possible to add your partner onto any accounts you don’t share as a payable-on-death (POD) beneficiary. You can add them to investment and retirement accounts, as well as a life insurance policy, as a designated beneficiary. However, this won’t cover all of your assets. The best way to do this is through a will or revocable living trust. Of course, your partner should do the same.
Having decision-making authority for one another
As noted above, it’s also important for unmarried partners to designate authority to each other in case one of them is ever incapacitated. This includes power of attorney (POA) over medical and financial decisions, which can help prevent conflicts with family during a time of crisis. So can creating an advance directive with your wishes for medical and other life-prolonging care.Regardless of whether you want your partner to inherit most of your assets or not and whether you want them to be the decision-maker for you in an emergency, it’s wise to have an estate plan to codify your wishes. Even if you own all of your assets jointly, it’s critical to make sure they will be passed along as you intend after you’re gone. Working with an experienced estate planning professional can bring you valuable peace of mind.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[3 ways a will can help your family after your passing in Virginia]]>https://www.vktwlaw.com/?p=493102026-06-08T11:10:07Z2026-06-08T11:10:07ZClearing up asset distribution
Without a will, Virginia's intestacy laws determine how your property gets divided. This means the state decides who receives your assets. However, this means you might not get the outcome you hoped for. You may want your childhood friend to inherit a meaningful keepsake, or perhaps you wish to leave a larger portion to a child who needs more financial support.
A will allows you to specify exactly who receives what, reducing confusion and potential conflict among family members. This clarity can help your loved ones avoid lengthy court proceedings and unnecessary stress during their grieving process. Estates without a will may also require additional court supervision and may take longer to settle than estates with clear written instructions.
Naming guardians for minor children
If you have children under 18, a will gives you the opportunity to designate who will care for them if something happens to you. Without this designation, the court may appoint a guardian based on what it deems to be in the best interest of your children. Courts typically prioritize family members when making guardianship decisions, but the court has final authority and may not choose the person you would have selected.
While courts make thoughtful decisions, they cannot know your family dynamics and values the way you do. By naming a guardian in your will, you provide direction that reflects your personal knowledge of who would best nurture and raise your children according to your principles and wishes.
Appointing an executor you trust
Managing an estate involves numerous responsibilities, such as paying debts and distributing assets. A will allows you to name an executor. This refers to someone you trust to carry out these duties efficiently and fairly.
This person will serve as the administrator of your estate, ensuring your wishes are honored and your family's interests are protected. In Virginia, the executor must qualify with the local circuit court and may need to post bond unless your will waives this requirement. Virginia law also allows you to grant your executor broad powers to manage and distribute your estate efficiently.
Choosing someone reliable and organized can significantly streamline the probate process and reduce the administrative burden on your grieving family members.
Planning ahead can protect your family
Creating a will gives you the opportunity to protect your loved ones and provide clear guidance for the future. By outlining your wishes, selecting a guardian for your children and choosing a trusted executor, you can help your family navigate a difficult time with more confidence and clarity. Taking this step today can create lasting peace of mind for everyone you care about.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[The risk of procrastinating in re: estate planning]]>https://www.vktwlaw.com/?p=493092026-06-05T11:01:37Z2026-06-05T11:01:37Zmajority of Americans have not yet written a will or taken any other important steps to protect their future in the event of their incapacitation, or their loved ones in the event of their death.
When asked why they have not written an estate plan, many of them have cited that it is something they plan to do in the future. It is not that they do not think having a will eventually is important. They just think they do not need one yet. Unfortunately, there are some significant risks associated with this position.
The role of incapacitation
For one thing, certain events could happen that could lead a person to become incapacitated. They could suffer from a stroke or they could develop a disease like dementia or Alzheimer’s.
If so, drafting an estate plan could be impossible if someone cannot communicate in a legally enforceable way. If an individual is suffering from cognitive decline, while they still may be able to write an estate plan, it can lead to serious estate disputes and conflicts. Beneficiaries may challenge their plan on the grounds that the person no longer had testamentary capacity to write a will in the first place.
An unexpected passing
Naturally, the other risk is simply that someone passes away before they expect to. Many people decide to wait until they retire to write a will, for example, assuming that that is when they will have the majority of their lifetime financial assets that they’ll want to include in the estate plan. But if they pass away even just a few years earlier than they planned, they could die without ever actually leaving instructions to their family members.
In other words, life is unpredictable, and planning in advance is better than waiting. If you are interested in drafting an estate plan this year, carefully consider the steps you will need to take and seek legal guidance given all that is at stake.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[What if the family finds multiple wills after a passing?]]>https://www.vktwlaw.com/?p=493082026-05-21T17:51:49Z2026-05-21T17:51:49ZWhich will is the right one?
As long as the person retains their testamentary capacity, they theoretically have the right to revise a will or revoke an earlier version of the document. Some people create new documents without actually revoking or destroying prior versions. They may store all of the versions together.
Then, their family members may have questions about which will is the right one to submit to the probate courts. As a general rule, the most recent document that meets all Virginia state standards is likely the legal will if multiple different versions exist.
The only times that an earlier version may hold more legal authority than the most recent will is when interested parties have proof that an individual lacked capacity when drafting late-in-life documents or that an outside party exerted undue influence. In such cases, older versions may be valid, and the most recent may not.
The submission of every version of a will is often necessary to ensure compliance with the law and that families defer to the right document. Reviewing each version of the will with a probate attorney can help families to better ensure that they take appropriate steps when there are complications during the earliest stages of estate administration.]]>On Behalf of von Keller Thelin Williams, PC<![CDATA[Avoiding Medicaid penalties and estate claims]]>https://www.vktwlaw.com/?p=493072026-05-06T23:34:42Z2026-05-06T23:34:42ZQualifying for Medicaid can be difficult
Medicaid applicants are subject to strict limits on their countable assets and current income. Older adults may need to spend down their resources if they do not plan in advance to enhance their Medicaid eligibility.
Any large transfers or gifts in the five years before applying for Medicaid can trigger a penalty. Older adults may be ineligible for coverage until they pay for their own care out of pocket for a set number of months. Prior planning by taking on co-owners and transferring resources to a trust can limit the risk of a Medicaid lookback penalty that delays benefit eligibility.
Planning can also limit the consequences of Medicaid estate recovery efforts. Federal laws require that state Medicaid programs file reimbursement claims against the estates of long-term care Medicaid recipients. Only planning well in advance can help people preserve key resources for their loved ones and ensure they can still leave a legacy if they require Medicaid as they age.
Consulting with an elder law attorney about Medicaid planning can help people preparing for retirement or concerned about their progressing health challenges protect themselves and their loved ones. A Medicaid plan can expedite the Medicaid application process and protect resources after a Medicaid recipient dies.]]>