John T Midgett
* Basic Estate Planning
* Advanced Estate Planning
* Estate/Trust Administration
* Fiduciary Litigation
* Elder Law
* Guardianship and Conservatorship
* Family or Closely Held Business Law

The legal practice area known as "elder law" is a fairly recent response to the burgeoning number of seniors in our society and the anticipation of the graying of following the so-called "age wave." Thanks to the efforts of the health care community and advances in medical science, our life expectancy has improved significantly over the past several decades. As a result, our chances of becoming mentally and physically incapacitated before our demise have increased as well. This circumstance has led to a growing need for legal representation in planning estates, protecting vulnerable seniors from financial exploitation, seeking appointments as conservators and guardians for the elderly, and planning for eligibility for Medicaid while preserving assets for the well spouse and the children.

Attorneys whose practice includes elder law matters are well versed in these issues and are sensitive to the practical problems of representing seniors. Challenging ethical questions can arise in this context, placing a premium on experience and communication skills on the part of the elder law attorney. A competent elder law attorney will know the answers to these ethics issues and advise the clients accordingly.

Federal and state legislation and administrative regulations are constantly changing, making it imperative to seek experienced counsel that maintains an active elder law practice. Virginia recently reformed our guardianship statutes, and our attorneys not only lectured statewide to attorneys to educate them on these reforms, but they were involved in the task forces and town meetings held to identify the need for change. Clients and attorneys alike seek our assistance in establishing "special needs" trusts, which are asset management trusts designed to provide funds for quality of life for one who is receiving government aid (without requiring that the funds be "spent down" first). Of course, legal advice is sought almost daily about ways to protect assets in the face of impending long term health care expenses for a loved one. Attorney involvement in these matters can range from an office consultation on the available options to active representation before an administrative hearing officer or the courts to determine eligibility for Medicaid and the amount of assets and income to be preserved for the spouse or family.

By limiting our practice to include elder law, we at Midgett & Preti PC aspire to provide our clients with the most current and creative counsel available in this field. We maintain membership in the National Academy of Elder Law Attorneys as one method of achieving these aspirations. We are also involved in serving the community as well. We also lecture to legal and financial professionals regularly on these and related topics, which help them to provide informed service to seniors in our community.

John T Midgett
Midgett & Preti PC
477 Viking Dr #430
Virginia Beach VA 23452
Tel: 757 687-8888
Fax: 757 687-8732

John T. Midgett, attorney, Founder of Midgett & Preti PC in Virginia Beach, Virginia. His practice is concentrated in the related areas of estate planning, administration and taxation, elder law, and family business planning.

John is a native of Hampton Roads, having graduated from Lake Taylor High School in Norfolk in 1971. He is also a graduate of the University of Virginia, where he attained a Bachelor of Arts degree, with Distinction in 1975. He is a 1978 graduate of the T. C. Williams School of Law at the University of Richmond, where he was a member of the Law Review.

John is a former instructor for the estate planning and administration programs at Tidewater Community College and is dynamic and nationally known speaker on topics relating to estate planning, taxation, probate, elder law, and family businesses. John has also written and lectured to other attorneys, accountants, and trust officers in the related areas of estate planning, taxation and administration for the continuing education required in the various professions.

In addition to his busy practice and speaking schedule, John is actively involved in the Hampton Roads Estate Planning Council, the National Academy of Elder Law Attorneys, and the Duke University Estate Planning Council. John is also the President of the newly formed the Hampton Roads Gift Planning Council. He has been rated as “AV” in the areas of estate planning and administration, the highest designation available to attorneys in the Martindale-Hubbell Law Directory. John has been named to Virginia Business Magazine’s Legal Elite, and has been included in the 2006 edition of The Best Lawyers in America.
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