Skip to Content

Elder Law and Disability Planning

Overview

At ThompsonMcMullan, we have been on the vanguard of the practice of elder law in Virginia for decades. Starting with Shawn Majette, who launched the practice at the firm in 1984 and later served as founding chairperson of the Virginia Bar Association Elder Law Section, we have served as leaders in the analysis, application and development of the practice of elder law in the commonwealth, serving 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 practice encompasses all aspects of planning and representation for 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. 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 disabled persons. Hospitals, nursing homes, assisted living facilities and other corporate clients often consult us to solve 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 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.

Representative Experience

Our Elder Law 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
CONNECT

Find Your Attorney

Meet our people. And receive individual attention with the backing of a powerhouse legal team.

Learn More
COMMENTARY

Insights From Us

We share what we see. Learn about relevant local, national, and global legal issues from our team.

Learn More