Outlines and other materials by R. Shawn Majette (except as otherwise stated).
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.
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).
Dangerous Elder Law Myths (2015).
Advance Directive Workshop Materials (Default Forms)
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 Relating to Aging and Incapacity.