Professional Links (Including Official Virginia Fiduciary Forms)

Firearms Statutes in Virginia, including concealed weapon permits, red flag (substantial risk) gun seizures and prohibitions, and petitions for restoration of forfeited gun rights.

Guardianship and Conservatorship Resources for incapacitated adults, including:

1. Virginia Public Guardianship Program explanation,
2. Virginia Public Guardianship Program Generally,
3. Virginia Public Guardianship Referral Form (Direct Link),
4. Hospital Discharge Requirements and Guides,
5. Current Guardianship Reporting Form with Enhanced Demands for Reporting Personal Health Information to Virginia Department of Social Services,
6. Statutes relating to Guardianship, including Procedure for modification (for resignation or limitation of guardianship duties and expense),
7. Virginia Regulations governing retention of residents in special care units of assisted living facilities (“locked care” units), and
8. Financial institution authority to protect a customer believed in good faith to be the victim of financial exploitation WITHOUT GUARDIANSHIP OR OTHER COURT ORDER  (2019 General Assembly; Va. Code Sec. 63.2-1606 (L)).

Paying for Long Term Care, including:

1. Medicaid, Virginia Auxiliary Grant, and Long Term Care Insurance;
2. Medicaid Generally;
3. Expansion (MAGI) Medicaid (19-64, low income, resources immaterial), the basis for Shawn’s triple scoop planning in this category;
4. Medicaid Manual (Shawn’s copyrighted, “stitched” annotated and bookmarked assimilation);
5. DMAS official posting site for Medicaid Manual & transmittals;
6. current SSI, community spouse impoverishment, and SSA substantial gainful  activity limit presumption limit, and federal historical limits and explanations ;
7. Virginia’s Waiver Program Materials (see federal extension of spousal impoverishment protections linked as “Related Resources” here);
8. Medicare Long Term Care  Facility  Inspection Reports and “Star” Ratings with Interpretation and Explanation of  Medicare nursing facility “Star” Ratings.

Mental Health (Civil Commitment and Judicial Medical Consent Resources)

Deaths and Dispositions (Autopsy, Next of Kin as Decision Makers, Indigent or Unclaimed Remains, Financial Responsibility for Funerals, & Funeral Agent Directives)

SSA & SSI Resources.

HIPAA Indices for Professionals and Individuals

2024 Reporting Requirements: Beneficial Ownership Information Requirements for Entities in 2024 (possibly including trusts and law firms)

• What is it?
• FAQ’s
  • What companies (or trusts, perhaps?) are “reporting companies” required to register?  See flow sheet at this link.   (Page 5). Most entities are reporting companies, but not necessarily (or probably) most trusts.sTrusts as reporting companies will depend upon state law, click (p. 7), which turns on whether it “was created by the filing of a document with a secretary of state or similar office.”The author knows of no such trusts in common use in Virginia.  A trust is not made a reporting company “registration of a trust with a court of law merely to establish the court’s jurisdiction over any disputes involving the trust.” P. 7.

• • When is the initial report due?

Virginia Code:

• Guardianship laws
• Mental Health laws
• Judicial Medical Consent laws
• Advance Directive and Implied Medical Decision Maker laws

Virginia Supreme Court Rules

• Rules of Evidence

Official Virginia Forms and Materials:

• Virginia Advance Medical Directive Statutory Form
• Fiduciary Forms – Inventory, Accounting, and related official forms for Circuit Court probate and related practices in Virginia
• Virginia Supreme Court Guardian’s Data Reporting Form Link
• VSB Professional Ethics Regulation
  • Official RPC
  • My RPC assimilation (combined as of July 27, 2022)
  • VSB Legal Ethics Opinions
    Compiled and indexed by Tom Spahn, Esq.
    VSB Official Site Search
  • Hotline Ethics Request (fillable PDF)
• Virginia Supreme Court List of Allowances (2023) includes this reference to payments for lawyers who are appointed guardians ad litem in guardianship cases for poor respondents:”64.2-2008 Guardians and Conservators (fees and costs) The Supreme Court of Virginia’s established rate of up to $75/hour in court and $55/hour out of court for guardians ad
  litem applies. Time shall be recorded in increments not greater than .10 hour (6 minutes).) The hourly rate for court appointed counsel, including guardians ad litem, is considered to include staff time and office overhead. Therefore, court appointed counsel, including guardians ad litem, should not bill for staff time or office overhead, unless it is expressly authorized by law.
  …
  Payment by Commonwealth of petitioner’s attorney’s fees is not
  authorized.”For reference, the average hourly rate for Virginia lawyers was $304 in 2022. No state reports an average hourly rate of less than $211 per hour, id.

Virginia Administrative Code:

• Medicaid Regulations
• Assisted Living Facility Licensing and Standards Regulations

Shawn’s Law Firm and Shawn’s Peer Awards

Archival Interest

COVID 19 Emergency Related (=>July, 2020)

 

Last updated:  June 10, 2023 at 11:00 AM