By, Alexandra Wallach, Elder & Disability Law Clinic Student, Fall 2022 One of the governing principles of property rights in the United States is freedom of disposition.[1] This is the idea that each person has a right to decide what happens to their property after death.[2] The law, barring a few limited exceptions, strives to […]
By, Nicole Salvatore, Elder & Disability Law Clinic Student, Spring 2022 In recent years, there have been concerns over the restrictive nature of guardianships.[1] Guardianships are put into place by court orders.[2] In these orders, the court appoints someone to make decisions for people who no longer have the capacity to do so themselves; these […]
By, Sun Shen, Elder & Disability Law Clinic Student, Spring 2022 A revocable trust, also known as an “inter vivo trust” or “revocable living trust,” is a trust created during a person’s lifetime that holds his or her assets.[1] In the event of illness, disability, or incapacity, a revocable trust can be an effective estate […]
By, Alexa Deutsch, Elder & Disability Law Clinic Student, Spring 2022 Families and households in the United States take a variety of different shapes. For example, according to the Pew Research Center, one in six children in the United States is living in a blended family.[1] The United States Census Bureau defines a blended family […]
By, Kate Dopkin, Elder & Disability Law Clinic Student, Spring 2022 It is increasingly common that many documents, including binding legal contracts, are created and signed in an electronic form.[1] However, under the laws of most states, a person’s last will and testament is still only valid if it is in tangible paper form.[2] For […]
By, Sam Petto, Elder & Disability Law Clinic Student, Spring 2022 The Virginia probate process, or the court-supervised process of determining whether a decedent left a valid will, conducting an accounting of the decedent’s estate, and distributing the decedent’s assets to beneficiaries, has a reputation for creating hassle and costing time and money. Fortunately, Virginia […]
By, Alecs Dragus, Elder & Disability Law Clinic Student, Spring 2022 The battle over the Portrait of Adele Bloch-Bauer I culminated in the unforgettable case Altmann v. Republic of Austria, when Maria Altmann, a U.S. citizen fought the Republic of Austria to recover five paintings by Gustav Klimt that belonged to her family.[1] The Portrait […]
By, Alicia Muir, Elder & Disability Law Clinic Student, Spring 2022 According to the American Medical Association (“AMA”), “[o]nly about one in three Americans has some type of advance directive on file with their health care providers.”[1] One result of the COVID-19 pandemic is that many were reminded about the importance of planning ahead to […]
By, Susan Gao, Elder & Disability Law Clinic Student, Spring 2022 I first learned the concept of guardianship in 2020 when I watched the movie, I Care A Lot. Rosamund Pike, who brilliantly portrayed the shrewd housewife in Gone Girl, played Marla Grayson, a professional legal guardian who succeed in “caring” for her wards. Grayson made […]
By, Xijia Yuan, Elder & Disability Law Clinic Student, Spring 2022 The United States is experiencing soaring senior population growth. The aging of the Baby Boomer generation is exposing many impending issues involving senior housing. Take Richmond, Virginia, as an example: Growing Population According to data observed by the Partnership for Housing Affordability, the senior population […]