POAs, Advance Medical Directives, and the Ethics of It All: Planning for Incapacity (Online Seminar)

MCLE Credits: 3.0
Ethics Credits Included: 1.0 (GAL Incap: 3.0)

MCLE Credit: 3.0 (Ethics: 1.0; GAL Incap: 3.0)

Live-Interactive Credit: 0.0
Price: $180 (Includes a downloadable audio version.)
Viewable Through: 3/31/2017


A pre-recorded streaming VIDEO replay of the April 2014 webcast, POAs, Advance Medical Directives, and the Ethics of It All: Planning for Incapacity.

GAL Continuing Credits: 3.0

Note: Your GAL certificate may be found at the front of your written materials.

You know that a client needs a will or other estate planning document to transfer his assets at his death. But what if he becomes incapacitated? Perhaps even at a young age? Be proactive, help your clients be prepared in the event of incapacity. This presentation will include drafting tips and best practices.

Powers of attorney have become a commonly used tool for elder and special needs planning. Review the Virginia Uniform Power of Attorney Act (UPOAA), discuss changes in drafting techniques resulting from the UPOAA, and discuss best practices to minimize problems relating to powers of attorney. The presentation will include templates to address opportunities provided by the UPOAA and address potential landmines.

This presentation will equip lawyers to prepare advance medical directives, including protest advance medical directives, and to save the day when planning fails by knowing the rudiments of implied surrogates and direct judicial consent. Learn what forms are available and where. Suggested language for medical directives will be presented.

Learn the ethical pitfalls in this area of practice.


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Government Attorney? Receive a 50% discount on this and most seminars, and a 30% discount on publications.
New Virginia Lawyer? (less than three years) Receive a 25% discount on this and most seminars and publications.



Andrew H. Hook, Hook Law Center / Virginia Beach
R. Shawn Majette, ThompsonMcMullan / Richmond
Yama Shansab, Ferguson Walton & Shansab, PLLC / Reston

Andrew H. Hook, Hook Law Center / Virginia Beach
Andrew H. “Andy” Hook is the president of Hook Law Center, where he practices in the areas of elder law, estate and trust administration, estate, tax, retirement and financial planning, long-term care planning, asset protection planning, special needs planning, business succession planning and personal injury settlement consulting.

A 1975 graduate of the University of Virginia School of Law, Mr. Hook is a Fellow of the American College of Trust and Estate Counsel (ACTEC), and a Fellow of the National Academy of Elder Law Attorneys (NAELA). Mr. Hook is certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation. Mr. Hook is also a Certified Financial Planner professional, and an accredited attorney for the preparation, presentation, and prosecution of claims for veterans benefits before the Department of Veterans Affairs.

Since 2006, Mr. Hook has been named by Virginia Super Lawyers magazine as one of the top attorneys in Virginia. The Super Lawyers designation is bestowed upon the top 5% of lawyers in each state as chosen by their peers and through the independent research of Law & Politics.

Mr. Hook is a former President of the Special Needs Alliance, a nationwide network of disability attorneys, a former Director of NAELA, and a former editor in chief of the NAELA Journal. Mr. Hook is the author of the BNA Tax Management Portfolio on Durable Powers of Attorney, a co-author of “Representing the Elderly and Disabled Client” published by RIA, and a co-author of the Elder Law Column for “Estate Planning Magazine” published by RIA.

Mr. Hook has been awarded the designation of an Accredited Estate Planner by the National Association of Estate Planners and Councils.

R. Shawn Majette, ThompsonMcMullan / Richmond
Mr. Majette directs the firm’s Elder Law Section. The Section focuses on the legal aspects of mental and physical disability. Mr. Majette is especially active in the voluntary and involuntary management of legal, medical and financial affairs of incapacitated adults. Mr. Majette and the Section lawyers and staff employ trusts, powers of attorney, advance medical directives and, when necessary, guardianship proceedings to protect and preserve assets. Hospitals, nursing homes, assisted living facilities and other corporate clients often consult Mr. Majette for innovative, efficient solutions to discharge and Medicaid problems.

Mr. Majette was the founding chairperson of the Virginia Bar Association Elder Law Section, serving in that position from 1993 to 1996. For many years Mr. Majette has served as chair of that Section’s legislative affairs subcommittee, and a member 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 advisory commissions and task forces for the Virginia General Assembly and the Virginia Supreme Court. He assisted in drafting several current Virginia statutes relating to guardianship, conservatorship, and behavioral health, 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.

Since 1989, he has spoken frequently for the National Academy of Elder Law Attorneys, the Virginia Bar Association, the Virginia Academy of Elder Law Attorneys, the Special Needs Alliance (of which he is a long term member), the Virginia Commonwealth University Medical College of Virginia (of which he is adjunct faculty, in the College of Legal Medicine), the University of Virginia School of Law, the National Geriatric Care Managers Association, the Virginia State Bar, local chapters of the Virginia Society of Public Accountants, the National Alliance on Mental Illness, and many national legal, accounting and medical continuing education programs, including the National Academy, the Virginia and National Geriatric Care Managers Associations, the Virginia State Bar, the Virginia Bar Association, the Virginia Society of Public Accountant. Since 1991, Mr. Majette has been an annual speaker for the Annual Elder Law Seminars sponsored by the Virginia Law Foundation, a leading purveyor of mandatory legal education for Virginia lawyers. He has written several articles for legal publications, including, commencing in 1998 and maintained since that date chapters addressing Virginia powers of attorney, long term care insurance and Medicaid for the standard Virginia treatises on wills and trust practice, Estate Planning in Virginia and Elder Law in Virginia.

Yama Shansab, Ferguson Walton & Shansab, PLLC / Reston
Since 1998, Yama Shansab has practiced law in Northern Virginia. He has handled complex, high-stakes civil cases at the trial and appellate levels, and has successfully represented plaintiffs and defendants in multi-million dollar cases. As part of his business practice, Mr. Shansab represents companies and key personnel in contract reviews, drafting, and negotiations. He also has experience in estate and tax planning for high net worth individuals and the administration of large, multi-jurisdictional trusts and estates.

Mr. Shansab has an AV (Preeminent) rating in Martindale-Hubbell. In 2011 and 2012, Virginia Business Magazinenamed him part of the “Virginia Legal Elite.” In 2013, Mr. Shansab was recognized under "Business Litigation" in the Washington, DC Super Lawyers – Rising Stars Ed. In 2007-2009, and in 2012, he was recognized by Virginia Super Lawyers - Rising Stars Ed. In 2009, Mr. Shansab was named a Fellow of the Litigation Counsel of America™, a trial lawyer honorary society limited to one half percent of all attorneys based on their effectiveness and accomplishments in litigation at the trial and appellate levels, as well as a superior ethical reputation. From 2009-2012, Mr. Shansab served as a member of the Virginia State Bar's Harry L. Carrico Professionalism Course Faculty, along with some of Virginia's most prominent judges and lawyers. He has also served as a member of the Virginia State Bar’s Professionalism Course Committee. Mr. Shansab lectures regularly for Virginia CLE and has published various articles, including in the Investment Lawyer and Fairfax Bar Association Journal. He currently produces the Virginia Fiduciary Law Blog.

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