Elder Care Law

Tuggle Law is a boutique practice specializing in Elder Care Law throughout the Atlanta area. Elder Care Law encompasses a variety of practice areas including:

  • Long-Term Care Planning

  • Veterans Benefits

  • Probate

  • Guardianship

  • Special Needs Planning

  • Elder Abuse

LONG-TERM CARE PLANNING

If your mom or dad require full-time care and you are considering placing them in a nursing home, contact our firm first. Monthly cost for a nursing home in Georgia exceeds $9,000.00 per month which will undoubtedly deplete the care recipients resources quickly. The fact is that proper planning will preserve these resources while your loved one is approved for Medicaid assistance. This planning must be done promptly prior to entering the nursing home.

You can keep your home.

Your spouse is allowed to continue living in your home even while you are in a nursing home. Similarly, if you are a surviving spouse and you enter a nursing home, your home is exempt but it will be lost to Medicaid recovery after your death unless proper planning is utilized. Planning is key!

It's never too late.

Medicaid planning can be performed anytime, even if your spouse or loved one is deceased or already in skilled care facility. The sooner you plan, the more options you have to protect assets that are important to you.

Apply carefully.

Applying too early means a longer waiting period in order to qualify for Medicaid. In utilizing Medicaid planning, our strategies limit or significantly reduce the waiting period. Rule of thumb: Do not apply for Medicaid without a plan to ensure you qualify.

Call Tuggle Elder Care Law

Medicaid planning is complex and requires an expert to assist you. Be sure to find legal counsel who focuses their practice to this area–not just an estate planning attorney. You need an elder law attorney and Tuggle Elder Care Law attorneys are here to help!

VETERAN'S BENEFITS

OVERVIEW

Veterans Benefits are one of the most misunderstood and underutilized resources available to veterans and their families. In fact, surviving spouses of deceased veterans also qualify to receive benefits.

Many eligible beneficiaries are denied benefits because of various technicalities involved with applying. The application process is tedious without assistance of an experienced attorney. Tuggle Elder Care Law Firm attorneys assists veterans in receiving these benefits.

SERVICES

  • Burial & Memorial

  • Death Pension

  • Disability Compensation

  • Employment & Training

  • Special Monthly Compensation

  • Survivor Benefits

  • Veterans Health Care

  • Veterans Life Insurance

  • [More Info]

PROBATE

Probate is the legal process used for distributing property at death. This entails gathering the deceased’s assets, inventory, paying debts and any remaining property is distributed to the person’s heirs.

If a person has a Last Will and Testament, these assets are distributed in accordance to those named in the Will as beneficiaries. No Will? Georgia law controls who will receive the property.

GUARDIANSHIP

Guardianship, also referred to as conservatorship in some jurisdictions, is the legal process where a guardian or conservator is appointed by the court to protect an individual (the “ward”) who is unable to make sound decisions. This often concerns a minor child or an elderly parent. Where it concerns a minor, parents are not entitled to receive or control their child’s property–usually where the minor child is a beneficiary of a grandparents estate.
Rather, a parent must petition the court to become a conservator or custodian over their child’s inheritance. When an elderly parent is concerned, if your loved one is suffering from dementia and does not have a Financial Power of Attorney or Health Care Directive, guardianship is necessary for purposes making healthcare and financial decisions on behalf of the elderly loved one. Tuggle Elder Care Law Firm attorneys can help you with this process.

SPECIAL NEEDS PLANNING

If you provide care to for a child or loved one with special needs, you are concerned about what will happen to them when you are no longer able to provide care. When your intention is to leave money and assets to them, this will disqualify them from receiving essential government benefits under the Supplemental Security Income (SSI) and Medicaid programs. But Congress saved us! In 1993, Congress enacted new laws allowing disabled individuals to receive the same benefits as those without disabilities when receiving property from a living or deceased relative by utilizing special trusts, “Special Needs” or “Supplemental Needs Trusts”. Establishing trusts ensure a parent’s intent of having their child enjoy a richer quality of life without disruption to the child’s governmental benefits.

ELDER ABUSE

Abuse of the elderly should not go ignored. If you suspect such an occurrence is taking place, first contact the police as well as Adult Protective Services. Then contact our law firm promptly. Abuse takes various forms including: physical abuse; emotional abuse; sexual abuse; neglect; and financial abuse and exploitation.

Wrongfully accused of elder abuse?


Callers who are either worried about their exposure to an accusation of elder abuse or who have been criminally charged with abuse should contact us promptly. If this is you, we realize that care giving is thankless job that may result in wrongful accusations by others. You’re not alone, Tuggle Elder Care Law Firm is here!

2023 GEORGIA NURSING HOME MEDICAID ELIGIBILITY LIMITS

Limit Type

Income - Maximum per month*
Assets - Maximum per applicant(s)
Transfer penalty divisor (2023) - Avg. cost of NH
Individual

$2,742
$2,000

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Couple

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$3,000*
$9,584

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