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Shawn Majette

Thompson & McMullan

Shawn Majette

Thompson & McMullan

Shawn Majette

Thompson & McMullan

Mr. Majette directs the Firm’s elder law section. Mr. Majette focuses his practice in the legal aspects of mental and physical disability, with a strong emphasis on the legal, medical, financial, and management issues involved in caring for the incapacitated elderly.

As the founding chairperson of the Virginia Bar Association Elder Law Section from 1993 to 1996, he helped to raise awareness of the special issues involved in his practice area throughout the Commonwealth. He has served as chair of the Section’s legislative affairs subcommittee, and the Section Council. Mr. Majette also served as the chair of the Third District Disciplinary Committee of the Virginia State Bar.

Mr. Majette has held numerous appointments to Virginia General Assembly advisory committees and has assisted in drafting several Virginia statutes relating to elder law and mental health issues, including revisions to the law of civil commitment, emergency medical consent, guardianship, and the prevention of financial abuse of incapacitated adults under durable powers of attorney.

A prolific writer and speaker on elder and mental health law topics, Mr. Majette has been a frequent speaker for the National Academy of Elder Law Attorneys, of which he has been a member since 1989. In addition he has served as president of the Academy’s Virginia chapter. Mr. Majette’s national and local presentations for the National Academy, the National Geriatric Care Managers Association, the Virginia State Bar, local chapters of the Virginia Society of Public Accountants, and several national legal, accounting and medical continuing education programs have been widely attended and well received. Since 1991, Mr. Majette has been an annual speaker for the Annual Elder Law Seminars sponsored by the Virginia Law Foundation. Mr. Majette has written several articles for various legal publications, including his 1998 chapter addressing Virginia issues connected with powers of attorney, long term care insurance and Medicaid for the standard Virginia treatise on wills and trust practice, Estate Planning in Virginia. Mr. Majette is a recent member of the prestigious Special Needs Alliance, a network of America’s leading disability and public benefits lawyers.

Firm Description

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. Our experience in this practice area includes: hospital and nursing home representation for discharge and admission of incapacitated adults; adult guardianships and conservatorships; family representation in civil commitment and psychiatric medication proceedings; special needs estate planning for Medicaid and disability recipients; Medicaid Special Needs Trusts / Medicare set aside arrangements in personal injury and worker compensation litigation; and Medicaid appeals.

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What Is an Elder Law Attorney?

Main Office

100 Shockoe Slip
Richmond, VA 23219

On the web

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Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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