Diane Beth Weinberg’s Answers

Diane Beth Weinberg

Alpharetta Elder Law Attorney.

Contributor Level 11
  1. I need two simple wills. Can I use legalzoom.com?

    Answered over 1 year ago.

    1. Rachel Lea Hunter
    2. Diane Beth Weinberg
    3. Robert A. Stumpf
    4. Steven J. Fromm
    5. Duncan Hamilton Adams
    6. ···
    10 lawyer answers

    I want to agree with my colleagues and add two other points. First, probate in Georgia is not an expensive, burdensome process as it is in other states. There may be good reasons to avoid probate (such as owning property in one of those states which has a burdensome probate process), and an attorney can advise you on whether you have any probate-avoidance issues. Secondly, wills must be signed with a certain formality. If those guidelines are not met, the will is invalid. Many people...

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  2. Mother is 92, medicare, out of funds, borrowed all allowed on house. Needs help 24-7; has $2,100/mo. What do I do?

    Answered about 1 month ago.

    1. Diane Beth Weinberg
    2. Robert Michael Goldberg
    3. Gary Roger Waitzman
    3 lawyer answers

    I'm sorry to hear about the challenges that your mother is facing. I have two suggestions for you. First, find a geriatric social worker to do an evaluation of your mother. She may not be safe living in her house, and you will have peace of mind determining that you have provided your mother with every opportunity to stay at home. My second suggestion is that you contact an elder law attorney in your area. You mother probably qualifies for a Medicaid benefit in addition to or in...

    7 lawyers agreed with this answer

  3. My mother made my brother power of attorney with me as successor. How do we transfer this to me? Mom is no longer coherent.

    Answered over 1 year ago.

    1. Diane Beth Weinberg
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    3 lawyer answers

    I am terribly sorry to hear about your situation. Unfortunately, financial abuse under a power of attorney seems to be a not-too-uncommon problem. Generally speaking, your brother can relinquish his role as an agent under the power of attorney by stating that he is unable or unwilling to act as an agent under the power of attorney. Check to see what requirements are set forth in the power of attorney. I would have him sign a letter and send a copy of the letter to the attorney who...

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  4. Living in income-based Sr. housing. Must a PI settlement be reported as income? Can I be forced to move?

    Answered about 1 month ago.

    1. Diane Beth Weinberg
    2. Christian K. Lassen II
    3. Dennis Wayne Tackett
    3 lawyer answers

    Having cut my teeth many years ago as a paralegal for a class action firm, I would advise that you not panic yet. Class action awards tend not to be sizable; however even smaller awards can have an adverse impact on housing costs. The good news is that you should not lose your housing. If you receive reduced income under a federal subsidy, your rent will be adjusted (i.e., increase) as a result of your change in circumstance. It is possible that you will lose the subsidy. If you...

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  5. I am disabled and on SSDI and Teachers Retirement of Georgia. Can I still qualify to be the recipient of a special needs trust?

    Answered over 1 year ago.

    1. Robert B Fleming
    2. Diane Beth Weinberg
    3. Michael A Kirtland
    3 lawyer answers

    You can be the beneficiary (recipient) of a special needs trust without impacting your SSDI and retirement benefits. You may want to speak with an elder law attorney, however, to see what other benefits may be available to you to help you and your mother now as well as in the future when you are no longer able to live with your mother. Good luck!

    4 lawyers agreed with this answer

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  6. Is it possible to transfer POA to another agent if the individual who is being served by the POA now suffers from dementia?

    Answered 11 days ago.

    1. Diane Beth Weinberg
    2. Ruth Elaine McMahon
    3. Gary Roger Waitzman
    3 lawyer answers

    I am going to agree with the advice you have received. Your mother must have capacity to make you her agent under a power of attorney. That having been said, your brother may be able continue as agent under the power of attorney even though he has moved. The reality is that, because of today's technology, most financial matters can be handled long-distance. He may need to travel periodically to deal with certain issues, but he can serve as an agent under a financial power of attorney...

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  7. My husband has a poa for his father. I have a poa for my husband. Can i act for his father via my husbands power of attorney?

    Answered 1 day ago.

    1. Diane Beth Weinberg
    2. William Ledford Nabors Jr.
    3. Glen Edward Ashman
    4. John Arnold Steakley
    4 lawyer answers

    I'm sorry to hear about your father-in-law's condition, and I hope he recovers soon. Unfortunately, no, you cannot act as your father-in-law's agent through your husband's power of attorney. Hopefully, your father-in-law's power of attorney names a successor agent who can act when your husband is not available. If it does not and your husband cannot fulfill his obligations as your father's agent, you or another family member may want to consider obtaining a guardianship or conservatorship...

    4 lawyers agreed with this answer

  8. I was denied Medicaid assistance before they even got information they requested

    Answered 30 days ago.

    1. Diane Beth Weinberg
    2. Paula Brown Sinclair
    3. Robert Michael Goldberg
    4. L. Vincent Ramunno Jr.
    4 lawyer answers

    I am also going to recommend that you contact an elder law attorney or Atlanta Legal Aid to assist you. Without knowing more information, it's impossible for me to tell you why you were denied. It is possible that you were denied for one type of Medicaid but are still eligible for another type of Medicaid. When you apply for Medicaid, you will be considered for a variety of different types of Medicaid (Georgia offers 36 different types of Medicaid). Unfortunately, the last few times I've...

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  9. How do you have someone deemed "incapacitated"

    Answered about 1 month ago.

    1. Diane Beth Weinberg
    2. Glen Edward Ashman
    3. Adrian Kaspar Pritchett
    4. Bernard Harley Greenberg
    4 lawyer answers

    I am sorry to hear about your situation. Usually, the power of attorney specifies how it becomes effective. Sometimes, the siblings need to vote on whether Mom has capacity. Sometimes a doctor's note is required. Once the power of attorney becomes effective, you may want to consider a variety of self-help options that will limit your mother's access to her accounts. You may be able to put her assets in a revocable trust and name yourself as trustee. You may be able to simply hold her...

    4 lawyers agreed with this answer

  10. My mother in law is bed ridden with alzheimers . Need to know how to get power of attorney?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Paula Brown Sinclair
    3. Diane Beth Weinberg
    4. Lawrence A Friedman
    5. Robert M. Gardner Jr.
    6. ···
    6 lawyer answers

    I want to agree with the other attorneys that you probably need to obtain guardianship to file for Medicaid on behalf of your mother law. Fortunately, Georgia probate is generally consumer-friendly, and you may not need to hire an attorney to be appointed guardian or conservator. For information on this process, please check www.gaprobate.org. This website provides an explanation of the process as well as standard forms that you can download or print out and complete. With respect to...

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