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Elder Law Practice of David L. McGuffey

Details: COVID 19 NOTICE: We are open and we are looking forward to hearing from you.However, due to Covid 19, we meet by appointment only. Please call ahead. If you arrive and our doors are locked, we have posted phone numbers on our door; call and we will unlock the door.

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Lawyers on the Silverscreen

Details: My Cousin Vinny. This is a classic tale about a lawyer wandering into a case he is ill prepared for due to inexperience. Vincent Gambini had never tried a criminal defense case, but after his cousin was arrested for murder, Vinny "showed up" and provided a defense. Vinny proves that sometimes showing up is the most important thing you can do.

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Areas Of Practice

Details: In other words, a lawyer who practices elder law may handle a range of issues but has a specific type of clients--seniors and individuals with special needs. Elder Law attorneys focus on the legal needs of the elderly and special needs individuals, and work with a variety of legal tools and techniques to meet the goals and objectives of their

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Fiduciary Services

Details: Mailing Address. P.O. Box 2023 Dalton, Georgia 30722 FAX: 706-395-4008. Dalton Office. 400 N. Selvidge Street. Dalton, Georgia 30720 Telephone: 706-428-0888

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The Practice of Law and the Unauthorized Practice of Law

Details: represented himself as being a lawyer, was charged with exploitation of an elder person (O.C.G.A. § 30-5-8). In that case, the person committing the unauthorized practice of law also took assets belonging to the elder. The State Bar of Georgia investigates allegations of authorized practice of law. If you

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Working with Litigation Counsel in Nursing Home …

Details: lawyer must determine whether the surrogate has legal authority to enter into an attorney-client relationship. Legal authority may come from the resident herself (if she can sign the fee agreement), or may come through an agency agreement such as a power of attorney.7 Alternatively, if there is a guardianship, then, the client will be the

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non-lawyer registration form

Details: Microsoft Word - non-lawyer registration form Author: dmcguffey Created Date: 1/28/2016 12:51:38 PM

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Charging for Unauthorized Practice of Law is Theft by

Details: 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 bank accounts,

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ethics issues for elder law attorneys

Details: lawyer zealously asserts the client’s position under the rules of the adversary system. As a negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As an intermediary between clients, a lawyer seeks to reconcile their divergent interests as an advisor and, to a limited

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Probate & Trust Litigation

Details: Probate & Trust Litigation. Although our litigation practice is limited, we do help individuals and families with disputes in probate court, or when there is a dispute concerning a trust. Probate is the court supervised process of passing assets from a deceased individual to his or her heirs. Disputes may arise over a Will if someone contends

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Guardianship & Conservatorship

Details: Guardianship & Conservatorship. A guardianship or a conservatorship is a court supervised process for transferring an incapacitated individual’s rights from himself or herself to someone capable of providing supervision regarding care or finances. In, Georgia, a Guardian is the person appointed to make personal decisions, such as housing or

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Have I committed Medicaid fraud if I use a non-lawyer to

Details: 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. Because the non-lawyer's contract is illegal, Me

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ethics issues for elder law attorneys Nashville 082004

Details: “A lawyer is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.” MRPC, Preamble, Comment 1, at

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Medicaid Fair Hearings in Georgia; Medicaid Lawyer

Details: David L. McGuffey, CELA* Elder Law | Special Needs Law | Estate Planning *Certified Elder Law Attorney by the National Elder Law Foundation Medicaid Fair Hearings in Georgia:

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Legal Considerations for Family Caregivers

Details: Martindale-Hubbell, is rated 10.0 by AVVO and is a Georgia Super Lawyer each years since 2013. In 2012, David was invited to join NAELA's Council of Advanced Practitioners which is a premier group limited to NAELA members in practice more than 10 years, who are AV rated, and who are either CELAs or NAELA Fellows. David is

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Articles & Forms

Details: Mailing Address. P.O. Box 2023 Dalton, Georgia 30722 FAX: 706-395-4008. Dalton Office. 400 N. Selvidge Street. Dalton, Georgia 30720 Telephone: 706-428-0888

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Diminished and Diminishing Capacity Conference 2016 (non

Details: All non-lawyer attendees are responsible for turning in their own CEU requests to appropriate boards and paying all CEU costs; the Elder Law Practice of David L. McGuffey will provide you with a certificate of attendance, and will make materials available in …

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Medicaid Estate Recovery in Georgia

Details: David L. McGuffey, CELA* – Attorney Marnie Dodd, LCSW – Elder Care Coordinator Jan Hair – Elder Care Coordinator Dave Hastey – Elder Care Coordinator

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Touring the Nursing Home

Details: Lawyer’s of America’s Nursing Home Litigation Group. He can be reached by email at [email protected]net. Special thanks are extended to Eric Carlson for his review and comments concerning this article. 2 “Nursing home” is a defined term in Tennessee. See T.C.A. § 68-11-201(25).

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Law Office of David L. McGuffey, LLC

Details: that at least one Georgia lawyer is now advising elders to consider divorce in the context of Medicaid eligibility. • Estate recovery will increase the incidence of financial exploitation among the elderly who are concerned about estate recovery. It may also increase the

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What it takes to become a Certified Elder Law Attorney

Details: David L. McGuffey is in private practice with the Elder Law Practice of David L. McGuffey, LLC, located in Dalton, Georgia. David limits his practice to Elder Law and Special Needs Law.

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Special Needs Roundtable

Details: David is AV rated by Martindale-Hubbell, is rated 10.0 by AVVO and is a Georgia Super Lawyer. In 2012, David joined NAELA's Council of Advanced Practitioners. David is a member of the Special Needs Alliance, a premier invitation-only group of attorneys dedicated to the practice of disability and public benefits law.

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A Review of Statutes Related to Georgia Health Care

Details: against each other," said William Colby, the lawyer who took the Cruzan family battle to the U.S. Supreme Court. That court upheld a Missouri Supreme Court ruling that the feeding tube could not be removed without "clear and convincing evidence" that Cruzan would have wanted it removed.

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Personal Injury Attorney’s Guide to Representing the Aged

Details: personal injury lawyer’s duty to preserve public benefits or to engage separate counsel who can preserve those benefits. Those commentators argue that failure to do one or the other is malpractice. Of course, only time will tell whether that becomes the accepted standard of care. On a …

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Who Can Legally Assist With Veterans Claims

Details: Unless a qualified lawyer is involved, the result often is a failure to adequately protect the Claimant's ability to get help with future nursing home placement. At the Elder law practice, we have software in our lobby that is available to anyone,

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MEDICAID PLANNING: CAN IT BE JUSTIFIED

Details: in the state of the lawyer’s practice and to any other local rules that apply to lawyers.4 Rule 2.1 of the Model Rules of Professional Conduct [MRPC] distinguishes the lawyer’s role as adviser from his role as advocate, and it is the adviser’s “hat” that elder law attorneys wear when engaging in Medicaid planning.

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What to do when a loved one dies

Details: You should speak with a lawyer before paying any claim made by the State. 12. Checks Payable to the Decedent. All checks received in the mail or made payable to the decedent should be held and not deposited into any account until the estate is opened. These checks will be used to open an estate checking account.

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Peace of Mind: Special Needs Planning

Details: Ask a lawyer about special needs trust or a supplemental needs trust because these can be complicated and if you don’t set them up right, your child might not get public benefits. David L. McGuffey is a member of the Special Needs Alliance and has helped hundreds of families plan for the future of their special needs child or special needs

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Elder Law and Elder Care, General

Details: David L. McGuffey. Elder Law and Elder Care, General Social Security. Woo-hoo!!! Social Security has increased its payments for 2017 by --- wait for it --- .03% for 2017. That means someone who was on SSI and received $733 per month in 2016 will receive a $2 per month increase in 2017. With monthly benefits soaring to $735 per month, we remind

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Family of nursing home resident forced to arbitrate

Details: Lola Norton was a nursing home resident. After her death, her husband brought a wrongful death claim against PruittHealth - Taccoa. The alleged injuries are unimportant for purposes of this blog article.The nursing home responded to the lawsuit by showing where Kim, Lola's daugher and agent under Lola's power of attorney, signed an arbitration agre

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Elder Law Glossary

Details: An amendment to a will. A codicil must be executed with the same formality as a Will. Codicils used to be common when Wills are hand-typed, but now that most lawyers use word processors, it’s usually less confusing (assuming the same lawyer prepares the amendment) to make changes and execute a …

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Peace of Mind: Planning for the Future

Details: Put your estate in order. Have a Will, or a trust, or whatever you and your lawyer decide is appropriate for your estate. Also, organize your assets in a way that communicates what you own and who your children should contact for more information. If you decide to leave one of your children more (or less) than the others, explain your reasons.

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Diminished and Diminishing Capacity Conference 2016

Details: CLE: This conference was approved by the Georgia Commission on Continuing Lawyer Competency for 12 hours of regular CLE including 1 hour of ethics, 1 hour of professionalism, and 3 trial hours. It was approved for 11.50 hours (including 1 dual hour) in Tennessee as Course ID No. 176070.

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Recent blog posts

Details: Elder Law; Estate Planning; Special Needs; Trust Planning; Guardianship & Conservatorship; Health Advocacy; Life Care Planning; Medicaid Planning & Advocacy

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ELP Radio (On the Air)

Details: Shane is a lawyer and a CPA. He is also a partner in Lovingood McGuffey, a lawfirm that specializes in helping you plan for the future. We spoke about planning for the future, initially discussing the importance of an advance directive for health care. …

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Rosalynn Carter Institute for Caregiving 2016 National

Details: Martindale-Hubbell, is rated 10.0 by AVVO and is a Georgia Super Lawyer. In 2012, David was invited to join NAELA's Council of Advanced Practitioners which is a premier group limited to NAELA members in practice more than 10 years, who are AV rated, and who are either CELAs or NAELA Fellows. David is also a member of the Special Needs

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STATUTORY FORM POWER OF ATTORNEY State of Georgia

Details: Page 3 of 8 _____ Principal’s Initials GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent SHALL NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below: (CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at

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Posts from February, 2016 in listing view

Details: Mailing Address. P.O. Box 2023 Dalton, Georgia 30722 FAX: 706-395-4008. Dalton Office. 400 N. Selvidge Street. Dalton, Georgia 30720 Telephone: 706-428-0888

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Hutcheson Program 2009-02-26. redacted

Details: Do you need a lawyer? 34 Care Voices February 26, 2009 WHAT IS PROBATE Definition: “A Court Supervised Procedure for Transferring the Deceased Person’s Estate to His or Her Beneficiaries.” 35 Care Voices February 26, 2009 Good Planning puts all of the pieces together 36 Care Voices February 26, 2009 The Right Way

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