Outlines and Other Materials by R. Shawn Majette
except as otherwise stated or credited.
2023
2023 Virginia Elder Law: Recent Developments (combined Va. Law Foundation and Virginia Academy of Elder Law Attorneys Advanced Elder Law Seminar, September, 2023, Password Required).
2022
2022 Recent Virginia Legislative, Judicial, and Administrative Developments ) Va. Law Foundation (Advanced Elder Law Seminar CLE, 9-8-2022, Password Required).
2022 VAELA Un-Program: 10-1-2022 Mandatory Outpatient Treatment changes (supplement to Norton-http://majette.net/wp-content/uploads/2022/09/CLE-2022-Recent-Updates-VLF-8-30-22-1324.pdfhttp://majette.net/wp-content/uploads/2022/09/CLE-2022-Recent-Updates-VLF-8-30-22-1324.pdfO’Herron-Weatherly-Majette Materials) (9-24-2022 at 0834).
2022 VAELA Un-Program: All Guardianship Bills introduced, passed, failed and carried over from the 2022 General Assembly (supplement to Norton-O’Herron-Weatherly-Majette Materials) (9-24-2022 at 0834). See especially new guardian ad litem duties, new requirements in notice for intervenors, and new amplified report requirements for guardians.
2022 VAELA Un-Program: Personal Injury and Medicaid Trusts, Gallardo v. Marstillier, 142
S.Ct. 1751 (2022) (US Supreme Court held that “[t]he Medicaid Act permits a State to seek reimbursement from settlement payments allocated for future medical care); Farah v. DMAS, 300 Va. 458 (2022)(no formula for determining allocation in VCA 8.01-66.9 motion for reduction of Virginia Medicaid lien).
2020
2020 Virginia General Assembly Update ( Va. Law Foundation CLE, 9-2020, Password Required)
Select 2020 Special Session Bills:
- End of life nursing home visitations.
- SB 5116 In-home consumer-directed services; electronic visit verification, exception (requiring the Department of Medical Assistance Services to implement an electronic visit verification system to confirm delivery of in-home services by providers of consumer-directed personal care, respite care, or companion services through the Commonwealth Coordinated Care Plus waiver program, Developmental Disability waiver program, or the Early and Periodic Screening Diagnosis and Treatment program and creates an exception to the requirement that providers of such services use the electronic visit verification system for providers who reside in the home of the person receiving services).
- HB 5144 Hospitals, nursing homes, etc.; virtual visitation during public health emergency (sets a 72 hour time limit in which to arrange visitation).
- HB 5121 Nursing homes, certified nursing, or hospice facility; patient visitation, notice to family (to allow each patient in a nursing home, assisted living facility, or hospice program to receive visits, either virtually or in person, at least once per week from family or any person designated by the patient).
- Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus (immunity for broadly defined persons from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable and the most recent federal, state, and local laws, policies, procedures, and guidance regarding COVID-19).
2019
2019 Recent Developments Advanced Elder Law Materials (9-12-19) materials and addenda:
Recent Developments: July 1, 2018 through July 1, 2019 (Lecture Materials on 9-12-2019 including additional notes from 2019 Medicaid Manual Transmittals, and soundtrack).
June, 2019: Attorney Fees when SSI qualification or retention is an issue, GN 03920.007 – Legal and Specialized Services Not Subject to Fee. See examples at part D and GN 03920.001 SSA’s Fee Authorization Processes generally
Facts You Need to Know About Taxes, published by the Trust Company of Virginia, is a convenient reference guide for 2019 Tax Rates, College Savings Incentives, IRA and 401(k) Contributions, Affordable Care Act Taxes, ABLE Accounts, and Social Security Benefits. Note: links to College Savings and ABLE accounts are added by the editor of this site, not the Trust Company of Virginia.
MAGI: Virginia Medicaid Expansion Excerpt, Posted 2-6-2019, compiling every applicable reference for newly eligible “Medicaid Expansion” adults in current iteration of the Virginia Medicaid Manual (to be presented at the February, 2019, VAELA Conference in Charlottesville, Virginia).
2018
Medicaid Lien Litigation In Virginia: Cases Citing Va. Code § 8.01-66.9 as of 2-18-18 (Appendix to 2018 Virginia Trial Lawyers Association Presentation, Protecting the Client’s Pound of Flesh, Williamsburg, Virginia).
An Hour With Financial Planners About Public Entitlements, Filial Responsibility, Tricks and Traps with Trusts, and Advance Medical Directives (January 24, 2018); see, in addition:
- 2019 limits: SSI, Medicaid, and SSDI presumptions.
- V.A. Aid and Attendance: Accreditation requirement, Fee limitation (third party exemption, 38 CFR 14.636 (d)); Application form, income limits, help, help, and caveat.
- A bit more about property which is exempt from creditor process (see here for partial list), who doesn’t get paid from life insurance cash value in Virginia, In re Bowman, 1-18-2018.
Owning A House With (and Through) a Special Needs Trust ( Amy R. Tripp, Esq., Special Needs Alliance), May, 2017. Ms. Tripp’s blog entry addresses some of the important questions, not limited to SSI and Medicaid considerations, to consider when using trust assets to purchase a home for disabled persons. Shawn often uses a life estate or a retained power of appointment to protect beneficiaries from judgment and other creditor claims, and to help insulate the trustee from premises liability for injuries which may occur on or about the premises. See also SI 01120.200 Information on Trusts, Including Trusts Established Prior to January 01, 2000, Trusts Established with the Assets of Third Parties, and Trusts Not Subject to Section 1613(e) of the Social Security Act, F.1. For SSI purposes, expenses paid for the home are in kind support and maintenance (“ISM”) in the month in which the home is occupied by the beneficiary. F.3.c.
Before 2018
Update of Annex to Commonwealth Community Trust Webinar (9-27-2016) and Virginia Law Foundation Advanced Elder Law Symposium (9-15-2016) Recent Developments in the Law: Special Needs Trust Fairness and Medicaid Improvement Act, HR 60, enacted into law in December, 2016, in the 114th Congress (2015-2016). The law, explained and incorporated in this House of Representatives Report, published September 9, 2016, extends the Medicaid special needs trust exception to allow non-elderly individuals with disabilities to establish a special needs trust on their own behalf under the provisions of 42 USC 1396p(d)(4)(A). As of enactment, special needs trusts established directly by a non-elderly (under 65), disabled individual would no longer be considered an asset in determining that individual’s eligibility for Medicaid. The law eliminates the legal necessity of a parent, grandparent, guardian or court to establish the trust as under present law, although it is still necessary to comply with other state law regarding capacity, etc.
A Few Words About Making Medical Decisions For Someone Else (Behavioral Health) (2016). (See, effective 7-1-2016, Chapter 688 of 2016 Acts of Assembly, requiring, before release from involuntary admission or discharge from involuntary admission to mandatory outpatient treatment of an individual who has not executed an advance directive, the individual be given a written explanation of the procedures for executing an advance directive and an advance directive form).
Reverse Mortgages (Annual Legal Aid Conference) (2014). (Note: soundtrack link defective, here is temporary replacement)
Dangerous Elder Law Myths (2015).
Virginia Surrogate Medical Consent (2014).
Ulysses Clause: Amending Existing Advance Medical Directive (Courtesy of John Oliver, Esq.) (Amended, 2021, for additional licensee certifiers)
An Hour on Trusts, Special Needs and Otherwise: A Very Simple Primer.
Therapeutic Use of Power: Legal Considerations in Mental Health Crisis Agencies (September, 2013).
May, 2013: Virginia Trial Lawyers Association: Personal Injury Liens Practice (Medicaid Section).
Advance Directive Workshop Materials (Default Forms)
Checklist for Directives (Virginia State Bar).
Standard Advance Medical Directive (Virginia Hospital & Healthcare Association Form).
Psychiatric “Protest” Advance Directive (Virginia Hospital & Healthcare Association Form).
Geriatric Legal Issues In The Medical Practice (23rd Annual Virginia Geriatrics Conference: “Riding the Leading Edge of the Age Wave” (April, 2012, Richmond)).
Prize Question from the Conference: “How Can I Stop My Impaired Patient [or anyone else] From Driving?”
Geriatric Legal Issues VCU – MCV Grand Rounds, 2013.
General Materials Third Party Relating to Aging and Incapacity; Guardianship; Wills.
Virginia State Bar Senior Citizen Handbook, see these articles:
- Guardianship.
- Long-term care generally.
- Survey of estate planning needs and devices.
- Reverse mortgages.
- Non Probate Transfer of Real Estate by Revocable Transfer on Death Deed.
Virginia State Bar, Wills in Virginia. An extemely
Virginia State Bar, You’ve Been Appointed: Information For Virginia Guardians And Conservators.
Virginia State Bar Tutorial, “Appointment of Guardians and Conservators for Incapacitated Adults.”
Virginia Public Guardian and Conservator Advisory Board 2023 Biennial Report.
Virginia Department of Aging Publications.