The articles listed below have been prepared over a number of years. They are provided as reference and educational materials. However, unless noted, they have not been updated and some of them are out of date. The law changes frequently. Do not rely on these articles as a substitute for appropriate legal advice. Information on this website is "generalized' at best and cannot account for your individual circumstances.
- New VA Aid & Attendance Rules (Effective October 18, 2018)
- Special Needs Trusts (Tennessee version)
- Legal Considerations for Family Caregivers
- Making Nursing Home Care Great (Again): Getting Your Loved Ones the Care They Deserve
- Permissible Distributions from a Special Needs Trust
- Special Needs Trusts: Basics and Beyond
- Watch the Video from our 2016 Conference on Representing Individuals with Diminished Capacity
- What to do when a loved one dies
- 2015 Medicaid Spousal Impoverishment Standards
- The Unauthorized Practice of Law (2015)
- Guardianship Litigation 2015 (Updated for presentation at the NAELA Annual Conference, Orlando, Florida, May 2015) (Updated on EZ Elder Law)
- Updated: VA Aid & Attendance 2015 (pdf)
- Medicaid Trusts and Special Needs Trusts (www.georgiamedicaidlaw.net)
- Medicaid Fair Hearings in Georgia (Prepared for Georgia NAELA Chapter)
- Medicaid and Nursing Home Issues (Prepared for Ohio NAELA Chapter)
- HIPAA 2014: What you Need to Know (pdf)
- Updated: VA Aid & Attendance 2014 (pdf)
- Presentation on Medicare vs. Medicaid (requires Flash Player to view) (Audio only, mp3 file)
- Short Presentation on Health Care Advance Directives (requires Flash Player to view) (Audio only, mp3 file
- Short Presentation on Powers of Attorney (requiers Flash Player to view) (Audio only, mp3 file)
- Guardianship Litigation. This paper was delivered in conjunction with a presentation on Guardianship Litigation at the National Law & Aging Institute in Washington, D.C. (November 8-10, 2012). (Updated on EZ Elder Law)
- Medicaid Eligibility Basics. This chart walks you throuh the basics of Medicaid eligibility if you are a nursing home resident or if you are seeking CCSP (essentially home health care) in Georgia. It is very "general" so do not rely on it since it does not account for your specific circumstances.
- Probate & Non-Probate Assets. This chart shows, in a generalized way, which assets pass through the probate estate (meaning they are subject to the terms of your Will, and which assets pass outside of probate.
- Trust Diagrams. These diagrams show basic elements of a trust, as well as relationships of the various parties.
- Special Needs Trust, Formation, Distributions and Accounting. These charts show the required elements of a (d)(4)(A) special needs trust, as well as the considerations when making distributions and fiduciary accounting.
- Probate Process - Diagram. This chart shows the basic probate process in Georgia for a non-taxable estate.
- Georgia Guardianship & Conservatorship Process. These charts show the basic pattern of a Guardianship from pre-filing through the appointment of a guardian or conservator.
- Georgia Medicaid Manual. This link tkaes you to a PDF version of Georgia's Medicaid website, and includes a link to the official website.
- Why do we use a Miller Trust (aka Qualified Income Trust)?
- Miller Trust Diagram. This chart shows the basic decision-making process in determining whether a Miller Trust, also known as a qualified income trust, is necessary and how it operates.
- Deducting Medical Expenses. This paper, written together with Winter & Scoggins, describes how to deduct health care expenses. It is not a substitute for appropriate tax advice, so you should use it in conjunction with advice from your tax advisor.
- Who Can Legally Assist with VA Claims
- Temporary Health Care Placement Decision Maker for Adult Act(pdf - 3/23/2010)
- Life Care Planning. Powerpoint slides for program delivered to the Chattanooga CMSA, September 8, 2009. During the program, reference was made to a memo on Tennessee Advance Directives, which is listed below.
- Medicaid Estate Recovery in Georgia (2004). This document was sent to the Department of Community Health when it was considering implimentation of the Estate Recovery Program. An updated whitepaper on Estate Recovery was prepared in 2009.
- Long-Term Care Medicaid(pdf of a Powerpoint presentation for the Elder Law Section of the State Bar of Georgia, February 19, 2009)
- Caregiver Voices: Issues for Caregivers and Professionals(redacted pdf of 2009 Powerpoint presentation given for local health care provider)
- Tennessee Advance Directives(pdf of handout used for a 2009 in-service presentation for local health care provider)
- Basic Long-Term Care Planning(February 2008)
- Working with Litigation Counsel in Nursing Home Neglect Cases(pdf) (November 2007)
- What Does Good Long-Term Care Look Like?(pdf) (September 2007)
- The Top Ten Nursing Home Decisions in the Past Year(June 2007)
- Care Planning Across the Continuum(pdf) (May 2007)
- What Trial Lawyers Need to Know About Special Needs Trusts and Disability Planning (pdf; presented at the ATLA Winter Convention, Honolulu, February 22, 2006)
- Personal Injury Attorney's Guide to Representing the Aged or Disabled Client(pdf; 02/06)
- Arbitration Agreements in Nursing Home Contracts(March 2005)
- Nursing Home Arbitration Agreements (pdf 8/26/04) (iPlayback)
- Ethics for Elder Law Attorneys(pdf file; Updated 8/04)
- Revisiting the Ethics of Medicaid Planning, with Timothy L. Takacs, CELA, NAELA Quarterly, National Academy of Elder Law Attorneys, Summer 2004. (If you are a NAELA member, you can access the paper on the NAELA Web.) (This paper was awarded the NAELA John Regan Writing Award for best article published in the NAELA Quarterly in 2004.)
- The Never Ending Nightmare of HIPAA Releases(July 2004)
- The Elder-Centered Law Practice: What It Is, How to Attain It (co-authored with Timothy L. Takacs) (Eighth Annual Elder Law Symposium, North Carolina Bar Association, Cary, North Carolina, March 26, 2004) (pdf)
- Speaking Notes for ATLA's HIPAA Revisted (Update of previous article; 3/25/04)
- Finishing Strong: Protecting the Recovery After Settlement or Verdict (co-authored with Timothy L. Takacs) (pdf; 3/04) (iPlayback)
- Medicare Secondary Payer Issues(co-authored with Timothy L. Takacs) (pdf; 2/04)
- The Medicaid Application Process in Tennessee(pdf; 2004)
- Ethics 101 for Tennessee Elder Law Attorneys(pdf file; 12/03)
- Touring the Nursing Home: Issues for the Elder Law Attorney (Tennessee) (pdf file; 12/03)
- How to eat a HIPAA: Medical Records and the Elder Law Attorney (published in the NYSBA Elder Law Attorney, Winter 2004)
- An Overview: What is HIPAA?(pdf file; 6/03)
- Nursing Home Litigation (March 2003)(pdf)
- A Review of Selected Statutes Related to Georgia Health Care Decision-Making (2003)
- T. Takacs & D. McGuffey, Medicaid Planning: Can It Be Justified?: Legal and Ethical Implications of Medicaid Planning, 29 William Mitchell Law Review 111 (2002) (pdf file)
