Elder Law Practice of David L. McGuffey, LLC

Attorneys, Elder Law Attorneys, Estate Planning Attorneys

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32 Years

in Business

(706) 428-0888Call Visit WebsiteVisit Website Map & DirectionsDirections105 N Pentz StDalton, GA 30720 Write a ReviewWrite Review

Hours

Regular Hours

Mon - Fri:	9:00 am - 5:00 pm
Sat - Sun	Closed

Places Near Dalton with Attorneys

Dalton (0 miles)
Rocky Face (6 miles)
Tunnel Hill (10 miles)
Varnell (14 miles)

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Giving you Peace of Mind

Special Needs Law, Elder Abuse, Trusts, Medicaid

General Info

David McGuffey is a certified elder law attorney based in north Georgia who is committed to improving the lives of the elderly and those with special needs.

Email

Extra Phones

Fax: (706) 395-4008

TollFree: (800) 241-8755

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amex, check, discover, mastercard, paypal, visa

Accreditation

National Elder Law Foundation,Special Needs Alliance,NAELA

AKA

Elder Law Practice

David L Mcguffey

Law Office of David McGuffey

Other Link

http://mcguffey.net

Categories

Attorneys, Elder Law Attorneys, Estate Planning Attorneys, Legal Document Assistance, Wills, Trusts & Estate Planning Attorneys

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Specialties: Elder Law

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Details

Phone: (706) 428-0888

Address: 105 N Pentz St, Dalton, GA 30720

Website: http://mcguffey.net

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Elder Law Practice of David L. McGuffey, LLC

Divorce
Child Support
3. Special Needs Trusts and Divorce. Sometimes divorce is the only option that will give individuals peace. But a plan will still give you a better result, especially when one spouse is disabled, or when there is a special needs child. Assets placed in a special needs trust do not count toward SSI or Medicaid eligibility. Alimony (properly) paid to a special needs trust does not count toward benefits eligibility. Child support (properly) paid to a trust does not count toward eligibility. An Elder Law Attorney can help structure the right trust, get it approved by SSI and Medicaid, and educate you regarding how to fund the trust.
Guardianship
Th birthday, the first challenge is evaluating your childâ€™s needs and abilities. Can your child make his or her own decisions? If so, then your role is supportive. If not, then you should consider filing a guardianship petition. In Georgia, a guardianship petition can be filed up to six months prior to the childâ€™s eighteenth birthday. A guardianship or conservatorship is not something you should leap to as a knee-jerk reaction. It is a tool used when your child lacks legal capacity to make decisions. The primary issue a court would consider is whether your child can make or communicate significant decisions regarding his or her person and his or her finances â€“ not whether you agree with the decisions.
Spousal Support

Theft

Personal Injury
4. Personal injury cases. Most elders, and many younger disabled individuals, are on Medicare. The Medicare Secondary Payor Act gives Medicare a right of reimbursement if you recover funds from someone who injured you. Depending on the circumstances, Medicare may also have a right to have you set-aside funds to pay for future Medicare covered health expenses. Similarly, Medicaid has subrogation rights if you recover money after Medicaid starts paying your health care bills. Even if you use a specialty firm to negotiate lien resolution, you will need an Elder Law Attorney to help you maintain future public benefits eligibility. Frequently this involves a special needs trust, but a Certified Elder Law Attorney can help you evaluate other planning options as well.
Social Security Disability
Can your child work? The Social Security Administration defines â€œdisabilityâ€ as the inability to engage in substantial gainful activity (a defined term). This does not mean unable to work â€œat allâ€ â€“ but if your child is unable to work and earn enough to meet the Social Security Administrationâ€™s definition of substantial gainful activity, then we need to consider an application for Social Security disability benefits or Supplemental Security Income. An adult disabled before age 22 may be eligible for Disability income as a â€œchild’s benefitâ€ if a parent is deceased or starts receiving retirement or disability benefits. Otherwise, we will be planning for Supplemental Security Income, which is a means-tested program.
Medicaid Planning
2. Divorce as a Medicaid Planning Option. When one spouse requires nursing home care, current law requires that assets owned by BOTH spouses be counted as part of the Medicaid eligibility determination. This concept, known as deeming, continues through initial eligibility. What if the marriage was recent as opposed to long-term. Did the current spouse “sign up” to pay nursing home bills that can run higher than $7,000 per month? In second, third (etc.) marriages, divorce might be an option for protecting the healthy spouse’s retirement. In troubled marriages, the same considerations might apply. Even in long standing marriages, some individuals who are pragmatic might consider divorce as a way to protect assets.

Trusts and Estates

Estate Planning
Elder Law Practice of David L. McGuffey - Dalton Georgia and Atlanta Georgia, Elder Care Planning, Estate Planning, Special Needs Planning, Trust Planning
Wills
If you do not leave a Last Will and Testament, your assets will be distributed according to the laws of intestate succession in your state. There are laws in each state governing the rights of creditors, surviving spouses, heirs, and next of kin in the absence of a Last Will and Testament.
Trusts
Sometimes having an independent or professional fiduciary (e.g. Executor or Trustee) brings value to the table. When there is family conflict or distrust, or when the beneficiary is disabled and a special needs trust must be administered, having an impartial and experienced voice can foster peace and stability.
Power of Attorney
The law presumes you are in charge of your financial and health care decisions so long as you have capacity. You do not lose or give away your rights by executing a power of attorney or a health care advance directive. In fact, you are more likely to get what you want if you execute those documents. The reason is because you have the ability to select the individuals who will be your surrogate decision-makers if you lose capacity.
Probate
Some people are penny-wise and pound foolish. They think they can find “a deal” by using a non-lawyer to help them. Non-lawyers don’t always know better, and unscrupulous individuals sometimes take advantage consumers trying to save a few dollars. There’s a reason why it’s a crime to practice law without a license. Non-lawyers can actually make your situation worse by pretending they know what they’re doing. Non-lawyers did not spend time in law school learning property law, contract law, tort law, probate law, administrative law, or the host of other issues lawyers are trained to address. They have not been trained on how to pull together the various laws to develop a cohesive plan. They were not “tested” by passing a bar exam. They cannot (legally) appear in court to defend anything they do. They do not attend Continuing Legal Education to stay current on the law, and have no experience reading the law. They have no professional liability insurance if they hurt you. They have no experience practicing law, so they are “practicing” (illegally) on you. There was a news story several years ago about a so-called eye surgeon who “practiced” his technique on oranges before attempting surgery. Not unexpectected, things didn’t turn out well and hisÂ patients were blinded. That could be you if you ask a non-lawyer to serve as your advocate.

Tax Law
Trusts can be used to meet a variety of needs, from tax planning, to disability planning, to asset management, to asset protection, to providing for persons who have special needs.

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