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Diane Beth Weinberg

Guardianship Attorney at Atlanta, GA

5.0   9 reviews

also known as Diane Melkin

Virtual consultation available
Virtual consultation available
  • Licensed for 25 years
    State GA
    Acquired 1997
    Status
    Active Member in Good Standing No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Diane

Learn Diane’s areas of practice.

1
Practice area
  1. Guardianship
    100%
    This includes both contested and uncontested matters and conservatorships. I limit the number of contested matters that I handle because they are time-intensive, and I take care not to sacrifice the quality of my work for the quantity of work.

HELPING FAMILIES NAVIGATE THE CHALLENGES OF AGING AND INCAPACITY.

Attorney Diane Weinberg is the owner and sole attorney of Weinberg Elder Law, LLC, focusing on guardianships and conservatorships (contested and uncontested), fiduciary litigation, and general advocacy for seniors, including situations of financial abuse.  

Ms. Weinberg earned a B.A. at the University of Pennsylvania and a J.D. degree from the Emory University School of Law.  After graduation, she served as an employee benefits associate for Kilpatrick Stockton LLC before becoming a senior litigation associate for Casey Gilson Leibel P.C.  She has owned her own solo Elder Law practice, and she served as Of Counsel for Fox+Mattson, P.C. and with Morgan & DiSalvo, P.C.

A member of the State Bar of Georgia, Ms. Weinberg served on the Editorial Board of the Georgia Bar Journal from 1999-2000, and as editor of ElderCare Matters from 2005-2006.  Currently she holds membership in the National Academy of Elder Law Attorneys, ElderCounsel the Academy of Special Need Planners, and the Atlanta Bar Association.  Locally, she is a member of the Buckhead Business Association and the Sandy Springs Perimeter Chamber of Commerce.

Diane also holds the unique At-risk adult Crimes Tactics certification offered by the Georgia Department of Human Services.  This certification to identify and prevent the abuse, neglect and exploitation of elders and individuals with a disability is typically held by law enforcement and prosecuting attorneys.  She serves on an informal Georgia Bureau of Investigations workgroup that helps identify legislative priorities to protect these vulnerable populations.

Diane is a frequent speaker to the Georgia and national elder law community on issues relating to long-term care planning.  Her talks have included the topics of qualifying for Medicaid benefits (including Home and Community Based Services), types of special needs trusts available to individuals with disability, and veterans disability and death pension benefits.  Her full practice profile is available on her website at .

When not assisting clients, Ms. Weinberg enjoys spending time with her husband, their three sons, and their rescue dog at their home in Sandy Springs.   She is a member of the Atlanta Knitting Guild, Inc. and as a merit badge counsellor for the Boy Scouts.  Active in the community, she enjoys walking and has walked in two half-marathons to benefit the Leukemia & Lymphoma Society.

Photos and videos

Contact Diane

Weinberg Elder Law, LLC

Reviews

5.0 / 5.0
  9 customer reviews
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Posted by Ronald | January 15, 2021
This review is from a person who hired this attorney.
| Hired Attorney
GUARDIANSHIP / CONSERVATORSHIP NIGHTMARE
Unfortunately, few guardianships or conservatorships are dismissed even though they “legally” take away most of our rights and freedoms. In the United States it’s all too easy for relatives or “loved ones” to falsify and file court papers/documents questioning your judgment, competency and mental capacity. -All the more so if you have anything of value. I am a 75 year old retired man with a serious hearing disability that I was born with and a prime example of an easy target for another’s control and financial gain. It is absolutely much boggling. A person does not have to have to have a history of strokes (CVA), dementia, or even making poor financial decisions. Older, socially isolated people who possess money, art, cars, and homes are much more vulnerable. If you’ve never thought about having to prove your own competency, you might sit down one evening and think about those people who can attest to your competency. The court appointed evaluators and attorneys leave much to be desired in regards to their knowledge and competency. As a retired triple board-certified adult, adolescent, and child psychiatrist who conducted with court ordered and private competency evaluation’s, I was immediately aware of the inadequacies of both the court appointed evaluator and attorney who were not impartial to my case as they had already read and believed (without even meeting me) by older children’s sworn allegations. My only meeting with them (along with a police officer) was a 1 o’clock in the afternoon unannounced appearance at my home (let in by my partner) after being made led to believe it was a very unnecessary “wellness check” called in my children whom live locally and have visited a total of 3-4 times over the past 6+ years. I was woken up out of a deep sleep for questions without my hearing aids on and the next day I found out I was found incompetent with all assets frozen. The conservatorship and guardianship l laws in the United States unfairly favor the person or persons relatives making the allegations. This could be losing complete control of your finances, home, art, property, etc. And even damage your reputation among friends and colleagues. Very few guardianships or conservatorships are EVER overturned (4%) even though the results could mean being involuntary confined to an assisted living or nursing home. IF you now realize you need help navigating this tricky and legal journey full of potholes, lies, distortions, incompetence and judicial cronyism, I highly recommend Ms. Diane Weinberg and her paralegal Cheryl. Diane and Cheryl will give you the support and encouragement that you need, helping you navigate through a complicated and threatening legal process. They will cut through the fluff and sooner you on the important matters. Addition, I found them to be tough, stubborn, knowledgeable, reliable, caring, kind and trustworthy authorities and geriatric live in Georgia. They’re high level of experience and understanding of older clients legal problems and their ability to make a difference places them at the top of my list of Georgia’s attorneys for the elderly population. I hope you do the same. These two angels saved my future, my freedom, and my life. Kindly, Dr. Ronald M. Rosen, MD
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Posted by Calen | November 26, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Guardianship/Conservatorship of a family member
My wife and I never envisioned that we would be dealt the responsibility of becoming guardian and conservator of a family member, but when life throws a curve, you must adapt and find ways to push forward. That is exactly what Diane did for us. She did not remove the responsibility from us, but she went above and beyond to answer ALL our questions, and provide support to us for situations before, during, and after the court hearing. My wife and I entered Diane's office on day 1 with what felt like the weight of the world on our shoulders; however, when our case was resolved and we left the courtroom, we knew this was something we could manage. A big thank you to Diane and all those that work alongside her for the support and guidance provided to our family.
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Response from Diane Weinberg December 6, 2019
I am left speechless by this wonderful review. We try to make sure all of our clients' needs are met, including those needs that go beyond the immediate legal problems. I am so happy that we were able to assist you with your matter and give you the peace of mind that you needed.
Posted by anonymous | October 18, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Caring, Knowledgeable and Professional
Diane helped our family through a crisis situation, and we are very grateful for her guidance and knowledge. The process of obtaining a legal guardianship and conservatorship is a difficult one, and you absolutely need an attorney like Diane who knows what is needed and how best to achieve it. Her staff is wonderful to work with, and made the process easier for us. Diane made sure we were informed of the many resources and options to consider when deciding how to proceed. The warmth and true caring Diane showed our family is indeed rare, and this helped us immensely through a heart wrenching, emotional time. We have highly recommended Diane to others, and will continue to do so without hesitation.
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Posted by anonymous | September 14, 2018
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
What a Tremendous Help
I had the pleasure of spending 30 mins on a call with Diane Weinberg about issues that I have been dealing with over the last several months. She spent the time to listen to me , understand what I was trying to accomplish and offer advice on how to approach my issue. I got more help in that 30 min call than I have been able to research for myself or obtain from other sources. The kicker for me was this was the initial engagement call and it was at no charge. Thank you for what you do and the passion in which you do your work.
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Posted by Zina | March 16, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Very Thankful
Ms. Dianne, took an enormous amount of pressure off me concerning my situation, so thankful to have had Ms. Dianne on my side. Not only did she handle that situation for me she have been with me all the way through this journey that I have been on very thankful to have had someone like Ms. Dianne,Thank you
Posted by Kathy Bradbury | November 4, 2017
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Very Impressive
I was very impressed with my consultation with Diane Weinberg. She is very sharp and extremely in tune with my issues. She was able to give me information that was invaluable to my situation and it looks as though I am going to have a happy ending.
Posted by Ted | October 18, 2017
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Attorney Beth Windberg more than excellent!
Attorney Diane Beth Weinberg is a truly amazing attorney, and person. Even provides references to her answers. So kind, generous and more than thoughtful. For me women are by far the best of attorneys. I will always remain thankful for attorney Diane Weinberg's considerations and assistance. I can truly say, Miss Diane is the best there is, the best there was and the Best There Ever Will Be. My best of wishes always. I hope it is ok to say, very beautiful!
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Posted by Dana | July 18, 2015
Great attorney
I used Diane for a Guardianship. It was a most difficult case, my husband having dementia and overtuned the Power of Attorney. She worked diligently for me and was so caring. We have currently put the guardianship aside due to my health, but as it becomes necessary again, I will continue using her.
Posted by Vera Vinogradova | August 13, 2013
Top Notch Experience
In my life it so happened that I had to turn to Diane Weinberg for legal help. I was pleasantly surprised by her empathetic attention, kindness, and deep knowledge. I immediately felt great professionalism from this lady. If you have a problem do not waste time searching for legal help and do turn to her. She would immediately solve your problems. She has a vast knowledge on all matters of U.S law. With deepest gratitude to her I wish her much success.
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Cost

Rates
  • Hourly Rates $ 400-400 per hour
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 10.0 (Superb)

Work Experience

  • Of Counsel
  • Morgan & DiSalvo, P.C.
  • 2012 - Present
  • Owner
  • Weinberg Elder Law, LLC
  • 2011 - Present
  • Of Counsel
  • Fox+MAttson, P.C.
  • 2012 - 2012
  • Owner
  • Diane B. Weinberg LLC
  • 2005 - 2006
  • Senior Associate
  • Casey Gilson Leibel
  • 1998 - 2004
  • Associate, Law Clerk
  • Kilpatrick Stockton, LLP
  • 1997 - 1998
View all work experience

Education

  • Emory University School of Law
  • JD - Juris Doctor
  • 1997
  • University of Pennsylvania
  • BA - Bachelor of Arts
  • 1994

Legal Cases

  • Guardianship over daughter with mental illness
  • Mother obtained limited guardianship
  • 90 yr old Mom Wanted to Go Home
  • Had the protective order dismissed, Mom got her car, and her friends took her home.

Associations

  • National Academy of Elder Law Attorneys
  • Co-chair, Legislative Committee
  • 2019 - Present
  • National Academy of Elder Law Attorneys
  • Board of Directors
  • 2017 - Present
  • Atlanta Bar Association, Estate Planning and Probate Section
  • Member
  • 2014 - Present
  • ElderCounsel
  • Member
  • 2013 - Present
  • Academy of Special Need Planners
  • Member
  • 2012 - Present
  • National Academy of Elder Law Attorneys
  • Member
  • 2011 - Present
  • National Academy of Elder Law Attorneys (Georgia chapter)
  • Member
  • 2011 - Present
  • Atlanta Bar Association
  • Member
  • 2011 - Present
  • Atlanta Knitting Guild
  • Member
  • 2009 - Present
  • Jewish Family & Career Services
  • North Fulton Advisory Committee
  • 2006 - Present
  • Atlanta Knitting Guild
  • Treasurer
  • 2012 - 2013
  • Elder Care Matters
  • Editor
  • 2005 - 2006
  • ElderCare Matters
  • Editor
  • 2005 - 2006
  • Atlanta Bar Association, Young Lawyers Section
  • Member
  • 2005 - 2006
  • Georgia Bar Journal
  • Editorial Board
  • 1999 - 2001
  • Georgia Bar Journal
  • Editor
  • 1997 - 1998
View all associations

Languages Spoken

  • English

Honors and Awards

  • AV Rated
  • Martindale-Hubbell
  • 2015
  • Five Star Professional
  • Atlanta Magazine
  • 2015
  • AV Rated 4.9 of 5.0
  • Martindale-Hubbell
  • 2014
  • Dean's Fellowship
  • Emory University School of Law
  • 1996
View all awards

Publications

  • The Passionate Estate Planner; Morgan & DiSalvo, P.C.'s newsletter
  • The Power of Music
  • 2017
  • The Passionate Estate Planner; Morgan & DiSalvo, P.C.'s newsletter
  • What is a Trust?
  • 2015
  • The Passionate Estate Planner; Morgan & DiSalvo, P.C.'s newsletter
  • VA Benefits FAQ
  • 2015
  • The Passionate Estate Planner; Morgan & DiSalvo, P.C.'s newsletter May 2013
  • What is a Trust?
  • 2013
View all publications

Speaking Engagements

  • North Georgia Estate Planning Counsel
  • Guardianship, Conservatorship and Other Incapacity Issues
  • 2019
  • 5th Annual Invest in Women Conference
  • Helping Clients Fight the Financial Drain of Addiction
  • 2019
  • Georgia Pediatric Brain Tumor Foundation
  • Community-Based Medicaid
  • 2018
  • Atlanta Bar Association, Elder Law Section
  • Keeping Aging Parents at Home: How to Access Medicaid Waivers and VA Benefits
  • 2018
  • Atlanta Bar Association, Elder Law Section
  • Keeping Aging Parents at Home: How to Access Medicaid Waivers and VA Benefits
  • 2018
  • Georgia Legal Services Program
  • Medicaid from 30,000 Feet
  • 2017
  • CLE Top Elder Care Planning Strategies
  • Protecting the Family Home
  • 2017
  • CLE Top Elder Care Planning Strategies
  • Planning for Long-Term Care After the DRA
  • 2017
  • CLE Top Elder Care Planning Strategies
  • Medicaid and the Deficit Reduction Act
  • 2017
  • CLE Medicaid Planning: Changes You Need to Know
  • Current Applications, Appeals, and Post-Eligibility Concerns
  • 2017
  • CLE Medicaid Planning: Changes You Need to Know
  • Medicaid Overview and Update, Client Intake
  • 2017
  • CLE Elder Law and Medicaid Planning: Everything You Need to Know
  • Coordination Benefits
  • 2017
  • CLE Elder Law and Medicaid Planning: Everything You Need to Know
  • Types of [Special Needs] Trusts and Their Use
  • 2017
  • Annual Conference - GA Chapter, National Academy of Elder Law Attorneys
  • Community-Based Medicaid
  • 2017
  • National CLE Advanced Medicaid: Asset Planning, Hearing, Appeals
  • Special Needs Trusts and Medicaid Planning
  • 2016
  • National CLE Advanced Medicaid: Asset Planning, Hearing, Appeals
  • Complex Post-Eligibility and Estate Recovery Issues
  • 2016
  • Jewish War Veterans Post 112
  • The Changing World of VA Pension Benefits
  • 2016
  • 2016 Annual CLE Conference
  • Ethics and Professionalism in an Elder law Practice
  • 2016
  • Medicaid Planning & Recovery Under the ACA
  • In-Home Care Options and Family Caregiver Consideration
  • 2015
  • Medicaid Planning & Recovery Under the ACA
  • Medicaid Application and Appeal Procedure
  • 2015
  • Fayette County Bar Association
  • The ABLE Act: Is It a Game Changer in the World of Special Needs Planning?
  • 2015
  • Consasagua Bar Association
  • Issues in Long Term Care Planning: The Story of Fred & Wilma
  • 2015
  • Lunch and Learn
  • Advance Incapacity Planning
  • 2014
  • GA Chapter of National Academy of Elder Law Attorneys - Fall Workshop
  • Medicaid & VA Pensions
  • 2014
  • Parent Workshop
  • Legal & Long Term Care Issues for Special Needs Planning
  • 2013
  • CLE
  • Elder Law Basics
  • 2013
  • Lunch and Learn
  • It Can't Happen to Me - Until It Did: Planning for disability
  • 2012
  • Elder Law: Basics of Elder Law from A-Z
  • Elder Abuse, Legal Ethics
  • 2012
View all speaking engagements

Attorney endorsements

Received (8)
Given (4)
Endorse Diane
Elder law Attorney | Nov 16
Relationship: Friend
"Diane and I met at Emory Law School and have been in touch ever since. Diane is one of the smartest, hardest-working people I know. She goes to the furthest extent necessary to make sure that she has the knowledge and skills to excel in her field, and she brings this knowledge and skill to work for her clients' interests with great passion. I very happily refer to her when I have the opportunity."
Elder law Attorney | May 11
Relationship: Fellow lawyer in community
"I endorse this lawyer. Her advise is both practical and deeply caring."
Elder law Attorney | Jul 01
Relationship: Worked together on matter
"Having previously worked with Diane on several matters, I remain impressed with her dedication to staying on top of this ever-evolving area of law and her commitment to achieving excellent results for her clients. She is not only extremely well-versed in the all areas of elder law, but genuinely treats her clients' cases as if they were her own problems to solve. She's extremely dedicated, and a wonderful advocate and counselor. Keep up the great work, Diane!"
Elder law Attorney | Jan 29
Relationship: Co-worker
"Diane is without any doubt one of the best elder law attorneys in GA. She is not only an exceptional attorney and brilliant, but her clients lover her. She is not just an expert of the subject areas where all the legal fees are (medicaid planning for nursing home expenses) but she deals with the varied tougher, more emotional areas where it can get very hot in the kitchens. She keeps her cool and gets it done despite sometimes very difficult circumstances."
Elder law Attorney | Oct 22
Relationship: Fellow lawyer in community
"I endorse this lawyer. I have read many of Ms. Weinberg's Avvo community responses, and it is clear that she has a deep understanding of the law and its application. She would be a valuable asset for anyone in Georgia that needs an elder law attorney."
Elder law Attorney | Oct 21
Relationship: Fellow lawyer in community
"Diane is a skilled attorney who can help families plan for or address a huge array of challenges that come with the aging, death, or disability of a family member. I am very grateful to count her as a friend and peer here in the Georgia elder law community, and I would not hesitate to recommend her to anyone who needed her services."
Elder law Attorney | Oct 17
Relationship: Fellow lawyer in community
"I have recently come across a number of Attorney Weinberg's responses to Avvo questioners and have been extremely impressed. Diane's legal knowledge is clearly outstanding. But what is perhaps more important, is that you can tell from her answer's that Diane truly cares about people and she is passionate about helping people who are struggling with a difficult situation. She is the kind of attorney that I would want to send my friends and family members to. For these reasons, I am very happy to endorse Diane and her services. The Avvo community is blessed to have her presence. James Frederick"
Litigation Attorney | Jul 05
Relationship: Fellow lawyer in community
"I endorse this lawyer."
View more endorsements
Elder law
Social Security & Disability
Workers compensation