35th Annual Advanced Elder Law Update Seminar 2026

Elder Law Updates
Robert Haley, Shawn Majette

Review the new cases, statutes, regulations … what bills passed and failed in the 2026 Virginia General Assembly in the guardianship field.

Love Thy Child, Then Call Thy Accountant: The Tax Consequences of Supporting an Adult Disabled Child
Claire Kelly

Parents often continue to provide financial support for disabled children well into their adulthood and even from beyond the grave. Few realize the tax consequences. This session discusses the taxable nature of this “gift” and the disparate tax treatment for divorced parents, and explores potential tax mitigation techniques.

Virginia [Creditor Protection] Is for [Married] Lovers—Tenants by the Entireties and Other Modest Tools
Michael Winget-Hernandez

Virginia has a reputation as a creditor-friendly jurisdiction, and it isn’t undeserved—the homestead exemption is modest, single-member LLC protection is unsettled, and the self-settled trust statute is narrower than what you’d find in Nevada or South Dakota. But that reputation shouldn’t be mistaken for having nothing to work with. Asset protection in Virginia runs from tools that cost nothing and apply automatically to ones the planner builds by hand. This paper surveys that toolkit for clients under $15 million, working from the automatic tools up to the bespoke. It sticks to ordinary planning for non-taxable estates. It skips offshore trusts, captive insurance, and other strategies that rarely make sense for a client in this range. The focus throughout is on building protection into the ordinary estate plan—titling, beneficiary designations, entity choice, and trust drafting the planner may already be doing—so that protection comes out of good planning instead of a separate, expensive project.

AI: The Next Technological Frontier for the Practice of Law
Aejaz Dar

Artificial intelligence is no longer the stuff of science fiction. It is here, and it has already transformed the practice of law. This presentation will discuss the ethical implications of artificial intelligence and how to respond to and use it while meeting one’s professional obligations. Although the practice of law will not be the same, the future is not to be feared.

Top 7(ish) Federal and State Health and Financial Benefits and Programs That You Need to Know About
Robert Bullock, Ari Sommer

What is QMB? What does a community service board do? Do you have your local DSS counsel’s number in your cell phone? Learn about under-the-radar but practical programs, services, and tricks that should be in your quiver. The session won’t make you an expert, but it will arm you to spot issues in consultations, intercede in a crisis, and provide fuller service to vulnerable clients.

Defusing Time Bombs in Estate Planning Documents: Fiduciary Litigation Lessons for the Drafting Attorney (Ethics)
Lisa Marie Campo, Kimberley Ann Murphy

When wills, trusts, powers of attorney, and related planning documents become the focus of fiduciary litigation, small drafting choices can have major consequences. This session will offer a litigator’s perspective on drafting estate planning documents defensively, identifying common “time bombs” before disputes arise, and addressing issues involving fiduciary authority, capacity, undue influence, privilege, discovery, and confidentiality. Attendees will leave with practical guidance for strengthening their documents and better anticipating litigation risks.