Elder Law and Special Needs Planning

For decades, ThompsonMcMullan, has been on the vanguard of elder law practice in Virginia. Previously under the leadership of Shawn Majette, now retired but who led the section for 25 years and was the founding chairperson of the Virginia Bar Association Elder Law Section, we continue to serve as leaders in the analysis, application, and development of the practice of elder law in the Commonwealth, assisting both our clients and the larger legal community. We recognize that elder law is critical to an aging population, and we are dedicated to providing timely and expert advice on all issues affecting the elderly and disabled.

Elder law is particularly state-specific, and our immersion in the nuances of Virginia’s statutes have equipped us to create innovative solutions to complex cases and provide our clients with the assistance and support they need. ThompsonMcMullan’s elder law and special needs planning practice encompasses all aspects of planning and representation for older adults and special needs 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. In situations where a neutral professional fiduciary is appropriate, we also serve as executors, administrators, trustees, conservators, guardians, and agents.

We have substantial experience in advising both institutional trust departments and individual clients regarding long-term care issues, with special emphasis on protecting public benefits rights for elderly, incapacitated, and special needs persons. Hospitals, nursing homes, assisted living facilities, and other corporate clients often consult us to solve facility and hospital discharge and Medicaid problems. We are members of the National Academy of Elder Law Attorneys, Inc. and a member of the Special Needs Alliance.

A growing part of the elder law practice involves aggressive representation of impaired or special needs 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.

Special Needs Trust Attorneys in Richmond, Virginia

As special needs trust attorneys, our team helps Virginia families establish and administer both first-party and third-party special needs trusts (SNTs). A special needs trust allows a beneficiary to receive supplemental support while preserving eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI).

First-party special needs trusts — sometimes called (d)(4)(A) trusts — are funded with the beneficiary’s own assets, such as a personal injury settlement, and must include a Medicaid payback provision. Third-party special needs trusts are established by parents, grandparents, or other family members and typically do not require a payback provision, making them a preferred planning tool for families providing for a loved one with a disability.

Our special needs planning attorneys advise clients across Virginia on which trust structure is appropriate, how to coordinate SNTs with other estate planning documents, and how to administer such trusts in order to manage the trust accordingly/administer such trusts properly.

Our Elder Law and Special Needs practice includes:

• Representation in all aspects of guardianship and conservatorship proceedings (both as counsel and as guardian ad litem) in the Circuit Courts of Virginia, including serving as court-appointed guardian and conservator in appropriate cases
• Protecting the rights of nursing home residents
• Protecting entitlements such as Social Security, Medicare and Medicaid
• Advising family members regarding surrogate decision-making under health care advance directives
• 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 electroconvulsive therapy
• Establishing, administering, and modifying first-party and third-party special needs trusts (SNTs) for beneficiaries with physical and developmental disabilities
• Advising families on preserving Medicaid and SSI eligibility through special needs trust planning in Virginia
• Working with personal injury and workers’ compensation attorneys to establish special needs trusts from litigation settlements
• Establishing and preserving public benefits to cover long-term care