Elder Law and Disability Planning

Thompson McMullan’s elder law practice encompasses all aspects of planning for and representation of elderly and disabled clients. We provide counsel and seasoned representation in guardianship and conservatorship proceedings, including judicial estate planning needed to establish trusts and complete transfers for tax and public benefits objectives. We have substantial experience in advising both institutional trust departments and individual clients regarding long term care issues, with special emphasis on protecting public entitlements rights for elderly, incapacitated and disabled persons.

R. Shawn Majette manages the elder law practice section of the Firm. Mr. Majette is a nationally recognized expert in this field. Mr. Majette is the author of more than a dozen elder law publications. He has served on legislative task forces charged with revising Virginia’s guardianship and power of attorney statutes. Paul G. Izzo is a licensed nursing home administrator and serves on the Board of Directors of the Alzheimer’s Association for Greater Richmond, the Advisory Board of the Virginia Center on Aging at Virginia Commonwealth University, the Ethics Advisory Committee of the McGuire Veteran’s Administration Hospital in Richmond, the Advisory Board for the Public Guardianship Program of Senior Connections, the Capital Area Agency on Aging, the Commission for Older Adults of the Catholic Diocese of Richmond, and the Multidisciplinary Panel of the Public Guardianship Program of Commonwealth Catholic Charities. Karen E. Dunivan is a member of the board of directors of Commonwealth Community Trust. Mr. Majette, Mr. Izzo, and Ms. Dunivan are all frequent continuing legal education lecturers for Virginia CLE, Half Moon, Lorman, NBI, and the Virginia Guardianship Association, and also speak frequently to nonprofit groups and organizations, health care professionals and the general public on estate planning, nursing home residents’ rights, and the legal concerns of the frail elderly and disabled.

The following topics fall within our area of expertise in this practice area:

representation in all aspects of guardianship and conservatorship proceedings (both as counsel and as guardian ad litem) in the Circuit Courts of Virginia, including acting as court appointed guardian and conservator in appropriate cases;
protecting the rights of nursing home residents;
creative uses of “special needs” trusts sheltering assets for Medicaid and other public benefits programs (often in personal injury and decedents’ estate cases);
protecting entitlements such as Social Security, Medicare, and Medicaid;
counseling professionals before state licensing boards;
advising family members regarding surrogate decision-making under health-care advance directives; and
advising and representing family members in obtaining involuntary mental health treatment for loved ones under Virginia statutes governing civil commitment, court ordered psychiatric medication, and court ordered electro-convulsive therapy.

A growing part of the elder law practice involves aggressive representation of impaired or disabled individuals who have fallen victim to financial abuse and exploitation. We have an impressive track record of recovering misappropriated property on behalf of vulnerable citizens and creating trusts and agency relationships (such as a durable power of attorney) to ward against future victimization.

Thompson McMullan recognizes that this practice area is critical to an aging population, and is dedicated to providing timely and expert advice as to all issues affecting the elderly and disabled.