Virginia · FAQ

Caregiving in Virginia— the questions adult children actually ask.

Plain-language answers, with statute citations where relevant. These are the questions that show up most often in our reader email and search logs. Each answer links to the deeper Virginia guide if you want the full treatment.

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  1. Does Virginia have an estate tax or inheritance tax?
  2. What's the Virginia Medicaid (CCC+) asset limit in 2026?
  3. Can I be paid to care for my parent in Virginia?
  4. How does Virginia handle Medicare and TRICARE-for-Life for military retirees?
  5. What's the Virginia Medicaid look-back period?
  6. How do I report elder abuse in Virginia?
  7. Does Virginia have paid family leave for caregivers?
  8. How much does assisted living cost in Virginia?
  9. What's the Virginia small-estate threshold for skipping formal probate?
  10. Does my Virginia POA need to be redone if I had one drafted out of state?
VirginiaLegal & Financial

Does Virginia have an estate tax or inheritance tax?

No on both counts. Virginia repealed its state estate tax effective July 1, 2007, and has never had a state inheritance tax. The federal estate tax exemption (~$13.99M per person in 2025) applies, so most Virginia estates face no estate tax at any level. Virginia has a modest state income tax (graduated to 5.75%) with limited subtractions for retirement income, but estate planning in Virginia is primarily about probate avoidance and family coordination, not state-tax minimization.

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VirginiaMedicaid & LTC

What's the Virginia Medicaid (CCC+) asset limit in 2026?

For Virginia Medicaid LTC (delivered primarily through Commonwealth Coordinated Care Plus, CCC+), the asset limit for a single applicant is $2,000 — the SSI baseline used in most states. The home is exempt up to approximately $752,000 of equity (the federal ceiling), one vehicle is exempt, and a community spouse can retain up to approximately $157,920 in the community spouse resource allowance. Virginia delivers LTC through a managed-care model — once approved, your parent enrolls with one of several MCOs that coordinates all CCC+ services.

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VirginiaCaregiver's Life

Can I be paid to care for my parent in Virginia?

Yes, through CCC+ Consumer Directed Services. Once your parent qualifies for CCC+ and chooses the consumer-directed model, the recipient (or their representative) can hire and pay a personal-care worker, including most adult children (spouses generally cannot be paid). Hourly rates vary by MCO and region; typical 2026 ranges run $13-$17/hour. Virginia's CDS model is a long-standing option that gives families meaningful control over care delivery.

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VirginiaMedicare

How does Virginia handle Medicare and TRICARE-for-Life for military retirees?

Many military retirees and their spouses in Virginia (especially Hampton Roads and Northern Virginia) are eligible for TRICARE-for-Life, which becomes the secondary payer after Medicare once the retiree turns 65 and enrolls in Medicare Parts A and B. This combination is often the most cost-effective Medicare structure for eligible military retirees — Medicare pays first, TRICARE-for-Life picks up most cost-sharing, and prescription coverage runs through TRICARE Senior Pharmacy. Medigap is usually unnecessary in this scenario, and Medicare Advantage interacts with TRICARE in ways that warrant care. Worth a conversation with a VICAP counselor or a military-experienced advisor before AEP.

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VirginiaMedicaid & LTC

What's the Virginia Medicaid look-back period?

Virginia follows the standard federal 60-month (5-year) look-back for all Medicaid LTC applications. Any uncompensated transfer — gifts to children, below-market sales, charitable contributions above modest levels — during the 60 months before application generates a penalty period during which Virginia Medicaid will not pay for nursing-home or CCC+ services. The penalty divisor is set by DMAS each year and approximates the average private-pay nursing-home rate.

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VirginiaCaregiver's Life

How do I report elder abuse in Virginia?

Call Virginia Adult Protective Services at 1-888-832-3858, operated 24/7 by the Virginia Department for Aging and Rehabilitative Services under Va. Code §63.2-1603 et seq. Reports may be made anonymously. For abuse in licensed nursing homes or assisted-living facilities (Adult Care Residences), contact the Virginia Long-Term Care Ombudsman through DARS at 1-800-552-3402. For immediate danger, call 911 first. Virginia law requires mandatory reporting by a broad range of professionals.

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VirginiaCaregiver's Life

Does Virginia have paid family leave for caregivers?

No state-level paid family leave program. Working caregivers in Virginia rely on federal FMLA, which provides 12 weeks of unpaid, job-protected leave per year for employees at employers with 50+ employees who have worked 1,250+ hours in the past 12 months. Smaller employers are not federally required to provide FMLA. Virginia has no state-level caregiver tax credit. Federal-government employees in Northern Virginia have access to the federal paid parental leave (12 weeks for new parents) but not separate paid family-care leave; many large Virginia private employers offer paid leave voluntarily.

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VirginiaCare Settings

How much does assisted living cost in Virginia?

Virginia's statewide median for a private one-bedroom assisted-living unit is approximately $5,200-$5,800/month in 2024 dollars (Genworth Cost of Care Survey). Northern Virginia (Fairfax, Arlington, Alexandria) is meaningfully higher — often $6,500-$8,000+ — making it one of the most expensive assisted-living markets in the country. Richmond and Hampton Roads run closer to the state median ($4,500-$5,500). Southwest Virginia and rural areas can be $3,800-$4,800. Memory care typically adds 25-35%.

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VirginiaLegal & Financial

What's the Virginia small-estate threshold for skipping formal probate?

Virginia allows simplified administration for small estates using a small-estate affidavit process for personal property under approximately $50,000 (Va. Code §64.2-601 et seq.,). For estates exceeding the small-estate threshold, formal probate through the Circuit Court Clerk's office is typically required. A properly funded revocable living trust avoids probate entirely for the assets it holds, which is the higher-leverage move for most Virginia families with significant real-property holdings.

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VirginiaLegal & Financial

Does my Virginia POA need to be redone if I had one drafted out of state?

Likely yes for practical purposes, even if not legally required. Virginia honors out-of-state powers of attorney that were validly executed in the home state (Va. Code §64.2-1620), but Virginia banks, brokerages, and Circuit Court Clerks routinely require Virginia-format documents — particularly for real-estate transactions and significant transfers. A Virginia-specific Power of Attorney under the Uniform Power of Attorney Act (Va. Code §64.2-1600 et seq.) with explicit specific-authority provisions (gifting, trust amendments, beneficiary changes) typically costs $200-$500 through an attorney.

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