Mediation is a form of Alternative Dispute Resolution (ADR) which is an alternative to the traditional litigation process. Mediation is an informal, non-court, process wherein a neutral, third person assists the opposing parties to reach a voluntary, negotiated resolution.

Mediation gives the parties the opportunity to discuss the issues that . . . → Read More: Mediation]]> Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) which is an alternative to the traditional litigation process. Mediation is an informal, non-court, process wherein a neutral, third person assists the opposing parties to reach a voluntary, negotiated resolution.

Mediation gives the parties the opportunity to discuss the issues that differ between them, clear up any misunderstandings, determine the underlying interests or concerns, find areas of agreement, and to incorporate those areas of agreements into resolutions.

A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution.

Advantages of Mediation include:

• It is Fair and Neutral – Parties have an equal say in the process and decide settlement terms, not the mediator.
• It Saves Time and Money – Mediation can avoid lengthy and costly court battles. Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome. Legal or other representation is optional but not required.
• It is Confidential – All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone.
• It Improves Communication – Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.

Victoria Collier is a licensed mediator. The primary areas of mediation Victoria orchestrates include: guardianship issues; residential issues for elderly; family disputes regarding appropriate health care or financial decisions, and estate litigation.

Adult guardianship is a legal process through the county Probate Court whereby a judge determines whether a person has legal capacity.

If a person is deemed to have no legal capacity, then a guardianship is granted and the “ward” then loses most of his civil rights.

The guardianship . . . → Read More: Adult Guardianship Litigation]]> Adult Guardianship Litigation

Adult guardianship is a legal process through the county Probate Court whereby a judge determines whether a person has legal capacity.

If a person is deemed to have no legal capacity, then a guardianship is granted and the “ward” then loses most of his civil rights.

The guardianship process may be avoided if a person has executed valid powers of attorney. If a person does have valid powers of attorney, a guardianship may still be necessary if the power of attorney agent is abusing or neglecting her authority.

Generally in this event a third person petitions for guardianship and presents evidence to the presiding judge as to why a guardianship is necessary and why the power of attorney agent is not the appropriate person to be appointed.
Since there are two parties with conflicting interest, litigation ensues.

The judge has the responsibility of listening to all the evidence presented in court and then making a determination whether the person needs a guardian and who shall be appointed as guardian. A guardian of person is appointed to make personal and health care decisions for the ward.

A conservatorship is appointed to obtain control over the ward’s financial and property rights. The judge may appoint the same person for both roles, or different people.

Geriatric care management addresses critical needs for seniors within the American health care system. Geriatric care management is often used during a crisis, but is highly encouraged to be utilized as a preventative service to avoid crises.

Geriatric care managers (GCM) assist people who are experiencing the increased . . . → Read More: Geriatric Care Management]]> Geriatric Care Management

Geriatric care management addresses critical needs for seniors within the American health care system. Geriatric care management is often used during a crisis, but is highly encouraged to be utilized as a preventative service to avoid crises.

Geriatric care managers (GCM) assist people who are experiencing the increased necessity to rely on others for day-to-day tasks, financial affairs, and coordination of health care services. The GCM helps to solve problems by using social work and nursing tools, including client assessments, care planning, referrals to other resources, government benefits coordination, and continuous monitoring. GCM are frequently licensed social workers or registered nurses.

Melanie Richardson, LMSW, is an employee with The Elder & Disability Law Firm of Victoria L. Collier, PC, who provides geriatric care management to all of the Firm’s life care planning clients.

It is the Firm’s goal that our geriatric care management services will relieve our life care planning clients and families from the emotional stress of being caregivers by saving them time and money by being able to prevent crises.

Patients Rights Advocates

When people live in assisted living facilities and nursing homes they have certain rights. At times these rights may be violated by the facility where they live.

If so, the resident may file a formal complaint against the facility. The first place to begin a complaint is with the local Ombudsman.

The facility should have a notice posted in a convenient location that states who the Ombudsman is and what the phone number is in order to make a complaint.

If a resident’s complaint is not satisfied, a hearing may be requested. An administrative law judge will hold a hearing where evidence of the complaint will be presented.

The judge will then determine if the complaint is justified and what action is necessary to rectify the complaint.

A person may appeal the judge’s decision.

The process whereby a person creates legal documents that outline the disposition of personal and real property upon death. The most common legal tools used are the Last Will and Testament and a Living Trust. The specific documents that are necessary depend upon your specific situation.

Estate planning is . . . → Read More: Estate Planning]]> Estate Planning

The process whereby a person creates legal documents that outline the disposition of personal and real property upon death. The most common legal tools used are the Last Will and Testament and a Living Trust. The specific documents that are necessary depend upon your specific situation.

Estate planning is particularly important for people who are married with minor children, older adults who have a disabled spouse or disabled adult child, or nontraditional families or couples. The Elder & Disability Law Firm of Victoria L. Collier, PC drafts estate plans for adults of all ages.

Estate Administration

The legal process of going through the court system to distribute property upon death. Although an attorney is not necessary for all estate administration situations, a consultation with an attorney may be helpful to determine if estate administration is necessary, and to explain how to smoothly go through the process.

Many people believe that a person must spend all their assets or give them all away three years (now five years) before applying for Medicaid benefits.

This is NOT true! Most people can benefit from Medicaid Planning to help preserve their assets and still qualify for Medicaid benefits.

Medicaid . . . → Read More: Medicaid Planning, Applications & Appeals]]> Medicaid Planning

Many people believe that a person must spend all their assets or give them all away three years (now five years) before applying for Medicaid benefits.

This is NOT true! Most people can benefit from Medicaid Planning to help preserve their assets and still qualify for Medicaid benefits.

Medicaid Planning is a legal process of structuring assets in a way that is permissible with the State Medicaid rules. BEFORE you spend all your assets or give away all your resources, contact The Elder & Disability Law Firm of Victoria L. Collier, PC for a consultation to learn the possibilities of how you may preserve your hard earned assets and still qualify for Medicaid benefits.

For more information, please read this report

Medicaid Applications

When applying for Medicaid, a person must apply for benefits with the Department of Family and Children Services (DFCS) in the County in which they intend to receive benefits. For example, if a person’s residence is in Fulton County, but they are living in a skilled nursing facility in DeKalb County, the Medicaid application should be filed in the DeKalb County DFCS office for adjudication. After the application is filed, an intake interview is scheduled for you to provide DFCS a host of verification materials.

Click on the LIST for a detail of items that should be taken to DFCS during the meeting.

Medicaid Appeals

After an application is submitted, DFCS will make a determination which will either be Approved or Denied. If an application is denied, the applicant has a right to appeal and request a fair hearing.
Sometimes the denials are in error and an appeal is necessary to correct the error.

If you believe your case was denied in error, contact The Elder & Disability Law Firm of Victoria L. Collier, PC for a consultation.

We will review your documents to determine if your case was erroneously denied.
If so, The Elder & Disability Law Firm of Victoria L. Collier, PC can represent you in the fair hearing.

Miller Trusts

On September 1, 2004, the Nursing Home Adult Medically Needy Medicaid class of assistance was eliminated.

This class of assistance permitted people to obtain nursing home Medicaid benefits even though their gross income was above the monthly income for 2008 with a cap of$1,911.

Now the only way to receive Medicaid benefits if a person’s gross income exceeds the monthly cap will be to establish a Miller Trust.

The Miller Trust is an “income only” trust whereby all monthly income that exceeds the CAP per month will be placed into the trust and then paid to the nursing facility.

If your loved one falls into this category, call The Elder & Disability Law Firm of Victoria L. Collier, PC immediately to establish the Miller Trust.

A Disability can be either a physical disability or a cognitive disability. In both circumstances, the person with the disability may need the help of other people to pay bills, talk with physicians, etc. In order for another person to have the legal authority to provide that . . . → Read More: Disability Planning]]> Disability Planning For Yourself

A Disability can be either a physical disability or a cognitive disability. In both circumstances, the person with the disability may need the help of other people to pay bills, talk with physicians, etc. In order for another person to have the legal authority to provide that help, they should have validly executed powers of attorney.

A Durable Power of Attorney for Health Care will permit an agent to speak with physicians and gain access to medical records when the principal can no longer personally do these acts.

A Durable Financial Power of Attorney will permit an agent to continue paying bills, have access to bank accounts, talk with insurance companies, etc.

For people who are older and needing long-term care, special provisions should be placed into the power of attorney to provide for the possibility of selling specific real estate, creating a Miller Trust, or engaging in Life Care Planning, Veterans Benefits Planning, or Medicaid planning. A generic general power of attorney is rarely sufficient in these cases.

Disability Planning For Others

Many people would benefit from planning for the disability of others, such as a spouse who has a disability or an adult child who has disabilities. It is becoming more common that elderly parents are the primary caregivers of adult children with disabilities. A plan must be put in place to ensure the adult child with disabilities is taken care with regard to financial, health care, and residential issues in the event the elderly caregiver passes away.

This specific type of planning may include powers of attorney, special needs trusts, and wills with special language to protect the beneficiary who has (or is projected to have) disabilities. In many cases a person can preserve all their assets to provide for the health and well-being of the person with disabilities, while that person is also receiving government assistance to pay for long-term care.

For people under the age of 65 who are disabled, they may benefit greatly by placing their own assets into a special needs trust, naming themselves as beneficiary, and then qualify for Medicaid benefits to assist in paying for the cost of their care.

If you have a spouse, child, or grandchild who has disabilities, or if you are under the age of 65 and are disabled, call The Elder & Disability Law Firm of Victoria L. Collier, PC to schedule a consultation to discuss your options.

Veteran’s and widow(er)s of veterans may receive additional benefits from the VA if they need assistance with their activities of daily living (bathing, walking, eating, toileting, dressing).

The benefit is a Special Monthly Pension called “Aid & Attendance.” This benefit is based on a person’s assets and . . . → Read More: Veteran Benefits Planning]]> Veteran Benefits Planning

Veteran’s and widow(er)s of veterans may receive additional benefits from the VA if they need assistance with their activities of daily living (bathing, walking, eating, toileting, dressing).

The benefit is a Special Monthly Pension called “Aid & Attendance.” This benefit is based on a person’s assets and income.

If approved for Aid & Attendance, the person will receive additional monthly income to help pay for the cost of health care.

For more information, please
read this report.

Victoria teaches and mentors attorneys nationwide in VA Benefits Planning.

What is Life Care Planning?

Life Care Planning is an integrated planning approach that addresses the health care, legal, and financial issues of aging and disability.

What are the goals of a Life Care Plan?