Search Articles

Find Attorneys

;

Diane Weinberg

Weinberg Elder Law, LLC

Diane Weinberg

Weinberg Elder Law, LLC

Diane Weinberg

Weinberg Elder Law, LLC

Diane's practice extends beyond traditional estate planning.  She focuses her practice on helping individuals with disabilities achieve and finance a superior quality of life.  This may include helping an individual set up a trust for a disabled family member, helping a plaintiff in a lawsuit preserve andy settlement funds while still accessing public public benefits, to helping parents obtain guardianship and conservatorship over their disabled child.  A former civil litigator, Diane has the skills to bring matters to a hearing or a trial.  Thus, she handles both appeals from denials of benefits and contested guardianship matters.  Diane also has an interest in matters involving the abuse of elders and disabled individuals, and she has obtained Certification as an At-Risk Adult Crime Tactics Specialist from the Georgia Department of Human Services.  

Diane received her B.A. from the University of Pennsylvania in 1992, and her J.D. from the Emory University School of Law in 1997. After law school, Diane worked as an employee benefits associate for Kilpatrick Stockton, LLC and later as a senior litigation associate for Casey Gilson Leibel, P.C. Diane served on the Editorial Board of the Georgia Bar Journal from 1999 to 2001, as editor of ElderCare Matters from 2005 to 2006, and currently is a member of the Atlanta Bar Association, the National Academy of Elder Law Attorneys, and the Academy for Special Need Planners.  She is a frequent speaker to the public and to other attorneys on elder law and special needs topics, including "Elder Law: B asics of Elder Law from A-Z"; "Legal and Long Term care Issues for Special Needs Planning"; and "The ABLE Act - Is it a Game-Changer?".

Outside of her law practice, Diane lives in Sandy Springs with her husband Mike, their three sons, and a lab-pittie mix named Corey.  A self-proclaimed yarn-addict, Diane is a member of the Noble Knitters and the Atlanta Knitting Guild. In any remaining free time, Diane enjoys walking and has walked two half-marathons for Team in Training for the Leukemia & Lymphoma Society.

 

Firm Description

In our aging society – where the average U.S. life expectancy is 78 years -- families are rewarded with parents living longer lives. An unfortunate outcome is that more and more members of our aging population experience dementia and other physical disabilities that limit their ability to continue to care for themselves.

Similarly, individuals with intellectual disabilities (ID) and developmental disabilities (DD) live longer than in previous generations, and they live and work in the community instead of spending their lives hidden away in institutions. Families of individuals with ID or DD want to afford their loved ones the most freedom available while protecting them from situations they do not understand. 

Weinberg Elder Law focuses its practice on protecting our most vulnerable and treasured populations. We help families find legal solutions to protect their loved ones from harm, and we will engage the courts to resolve disputes when their well-being has been threatened.  Our practice areas include guardianship and conservatorship, fiduciary litigation, and elder abuse.  

Hours

Day From To
Monday 8:30 AM 5:30 PM
Tuesday 8:30 AM 5:30 PM
Wednesday 8:30 AM 5:30 PM
Thursday 8:30 AM 5:30 PM
Friday 8:30 AM 1:30 PM

Cost

Flat fee options available for certain matters.

What Is an Elder Law Attorney?

Main Office

5755 North Point Parkway, Suite 17
Alpharetta, GA 30022

On the web

View Firm Website

View Firm Blog

Social Media


Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
Medicaid’s Eligibility and Transfer Rules

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
Medicaid’s Eligibility and Transfer Rules

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

READ MORE
Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

READ MORE
Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

READ MORE
Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

READ MORE
Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

READ MORE
Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

READ MORE
ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

READ MORE
Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

READ MORE
Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

READ MORE
Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

READ MORE
Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

READ MORE
Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

READ MORE
Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

READ MORE