We are pleased to announce that the Elder Law Practice of David L. McGuffey will host a Special Needs Roundtable in Dalton, Georgia on July 29, 2016. Confirmed speakers and panelists include Key Note Speaker Hal Wright (Certified Financial Planner and Author of “The Complete Guide to Creating a Special Needs Life Plan,” available on […]
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Two recent cases make it clear that, even when you are working with special needs trusts, there are reasons for caution. In the first case, Indiana resident Timothy Todd filed a lawsuit claiming the trustee managing his special needs trust was charging thousands for unnecessary and inappropriate fees. His suit, which seeks class status, claims the […]
In Marks v. State, 280 Ga. 70 (2005), Ron Russo befriended Leonard Stewart, an 89 year old elder. Russo identified himself as a lawyer, providing advice that had the effect of impovershing Stewart. Among other things, Russo offered to do legal work in exchange for Stewarts 1990 automobile. Russo caused Stewart to make changes to his […]
On February 12 and 13, 2016, the Elder Law Practice hosted a conference on Understanding Dementia, and on Representing Individuals with Diminished and Diminishing Capacity. The first day was open to all professionals and community members. The link for that program is: https://www.mcguffey.net/2016conference. The second day was for lawyers. The link for that program is: […]
On February 12, 2016, The Elder Law Practice of David L. McGuffey will host a one of a kind event in Dalton. Nationally known speakers will be presenting much needed information regarding how to work with individuals who have diminished or diminishing capacity. Our speakers include: Peter V. Rabins, MD, MPH is a Professor of […]
The answer is that it depends on how you report the payment. It is illegal for a non-lawyer to practice law without a license. O.C.G.A. § 15-19-51. For that reason, a non-lawyer cannot legally give you anything of value if he or she is charging you for services that are considered the practice of law. […]
The ABLE Act has slowly rolled out as different States look to implement it. Georgia currently has two bills in the House that would allow Georgia residents to establish ABLE accounts. We have posted an article for individuals seeking information regarding the ABLE Act. You can find it at: https://www.mcguffey.net/able-act-versus-special-needs-trusts If you have questions about […]
Alzheimer’s Disease is a neurocognitive disorder. It is one of many different types of dementia and is described in the APA’s Diagnostic and Statical Manual of Mental Disorders. Specific criteria are required for either a probable or possible diagnosis. A probable diagnosis includes family history of the disease, plus clear evidence of loss of memory, […]
If you think Medicaid is confusing, you have some good company. A number of federal judges have arrived at the same conclusion. The following quote appears in Cherry v. Magnant, 832 F. Supp. 1271 (S.D. Ind. 1993): The federal and state Medicaid statutes have been described as the regulatory equivalent of the “Serbonian bog.” See John […]
If you are searching for answers regarding health reform, otherwise known as Obamacare, one of the best places to look is on the Kaiser Family Foundation website. At their Frequently asked questions page (http://kff.org/health-reform/faq/health-reform-frequently-asked-questions/), KFF answers questions such as “Can I be charged more if I have a pre-existing condition?” (http://kff.org/health-reform/faq/health-reform-frequently-asked-questions/#question-can-i-be-charged-more-if-i-have-a-pre-existing-condition). Other more general information […]
