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Diane Weinberg, Weinberg Elder Law, LLC

November 16, 2021 by John Ray

North Fulton Business Radio

Diane Weinberg, Weinberg Elder Law, LLC

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Diane Weinberg, Weinberg Elder Law, LLC (North Fulton Business Radio, Episode 410)

Interested in the issues involved and lessons to learn from #FreeBritney? Diane Weinberg, Principal at Weinberg Elder Law, joined host John Ray to discuss guardianships, conservatorships (such as the recent case involving singer Britney Spears), protecting the rights of incapacitated individuals, issues to know for families who want to protect their loved ones, how the courts operate in these cases, and much more. North Fulton Business Radio is broadcast from the North Fulton studio of Business RadioX® inside Renasant Bank in Alpharetta.

Weinberg Elder Law, LLC

As competent adults, we have the legal right to make both good and bad decisions every day. Unfortunately, some individuals lack the ability to process the information needed to make their own decisions. Their intellectual disabilities may be genetic (e.g., a child born with autism) or they may be the result of a traumatic brain injury, illness, or the development of adult-onset dementia. For these individuals, the law provides protection in the form of guardianships and conservatorships.

WEL can help individuals obtain a guardianship or conservatorship of an individual requiring court protection as well as counsel families as to the varies types of guardianships and conservatorships that are available. WEL manages all aspects of the guardianship and conservatorship, from the inception to the final hearing.

For centuries, the law has recognized individuals occupying this position of trust as “fiduciaries.” Fiduciaries include agents under powers of attorney, trustees, guardians, and conservators, and executors and administrators of estates. Fiduciaries owe the highest standard of duty and loyalty to the individuals or entities they protect, and they can suffer significant liability when they fail to do so. Most fiduciaries do their best to perform their assigned duties. Unfortunately, fiduciaries sometimes fall short because they do not fully understand what is expected of them. For example, they may forget to send the required reports to beneficiaries or fail to properly track expenditures.

Sometimes fiduciaries abuse their position:

They may withhold funds from a trust unless the beneficiary takes a certain action.
They may withhold funds because they become angry with the beneficiaries.
They may steal from the people they are supposed to protect.

Weinberg Elder Law, LLC can help distinguish between overwhelmed fiduciaries from those who are abusing their powers, and WEL can advise the parties as to the appropriate course of action.

Elder abuse cases exist where guardianship or conservatorship and a fiduciary dispute intersect with the criminal statutes. At the center of these cases resides a vulnerable population: an elderly person or an adult with cognitive impairment or other disability. Weinberg Elder Law has developed a special interest in protecting our most vulnerable populations from financial exploitation as well as from neglect and physical, sexual, and emotional abuse.

The solution for rescuing and protecting an individual who has been subject to exploitation and abuse is complex. Through Weinberg Elder Law’s experience in these matters over the years, they are uniquely qualified to help both individuals who are being abused and the family and friends who want to protect them.

Company Website | LinkedIn | Facebook | YouTube

Diane Weinberg, Principal, Weinberg Elder Law, LLC

Diane Weinberg focuses her practice on helping families resolve disputes that often impact seniors and individuals with disabilities. Specifically, her practice encompasses guardianships and conservatorships (both contested and uncontested) of adults, conservatorships of minors, fiduciary litigation, and protecting vulnerable populations from abuse and exploitation. A member of the State Bar of Georgia and a Veterans Administration Accredited Attorney, Diane is also a member of the Atlanta Bar Association, the Academy of Special Needs Planners and the National Academy of Elder Law Attorneys (NAELA).

She serves as the State Ambassador for the Georgia Chapter of NAELA. Diane is a Martindale-Hubbell AV Preeminent-rated attorney and has an AVVO rating of 10/10. In 2020, she was recognized as a Georgia Super Lawyer. Additionally, Diane is a frequent local and national speaker on a variety of aspects of guardianships, special needs trusts, and Medicaid planning and has testified before the Georgia General Assembly.

Because of her special interest in issues involving the protection of vulnerable populations, Diane is the only private practice attorney in Georgia to have earned certification as an ACT Specialist offered through the Georgia Department of Human Services, Division of Aging Services. Currently, she is serving on an unofficial legislative workgroup of the Georgia Bureau of Investigations (GBI). Through her work with the GBI, Diane developed an interest in public service.

In early 2020, Diane made the decision to run for the office of Probate Court Judge of Fulton County. Although she was not ultimately successful, she remains involved in community matters and is a charter member of the nonpartisan Senator Jim Tysinger Saturday Morning Breakfast Forum. She also serves as secretary of the Buckhead Business Association and is an active member of the Sandy Springs Perimeter Chamber of Commerce. Additionally, she was recently named “Best Attorney” in Best of Buckhead 2021 by Atlanta Best Media. Diane earned a B.A. at the University of Pennsylvania and her J.D. from the Emory University School of Law.

Outside of her law practice, Diane lives in Sandy Springs with her husband, Mike, their three sons, and her dogs, Cindy Lou (a rescue) and Sherman. As a family, they are involved in Team Challenge benefitting the Crohn’s & Colitis Foundation. Diane has served as a Merit Badge Counselor for the Northern Ridge District of the Atlanta Area Council of the Boy Scouts of America, and she has walked multiple half-marathons for Team in Training supporting the Leukemia and Lymphoma Society of America.

A self-proclaimed yarn addict, Diane is a member and past treasurer of the Atlanta Knitting Guild, and she is a founding member and current chair of the Stitch N K’vetch group at Congregation Beth Shalom.

Questions and Topics Discussed in this Episode

What is the difference between a guardianship and a conservatorship?
Which one did Britney Spears have and why?
What happens if you become incapacitated and have an ongoing business concern?
Can you create “carve-outs” in a conservatorship?
Is a trust a viable alternative to a conservatorship?
If I own a business and have a family member with a disability, should I put them on my payroll to make them eligible for benefits?

North Fulton Business Radio is hosted by John Ray, and broadcast and produced from the North Fulton studio of Business RadioX® inside Renasant Bank in Alpharetta. You can find the full archive of shows by following this link. The show is available on all the major podcast apps, including Apple Podcasts, Spotify, Google, Amazon, iHeart Radio, Stitcher, TuneIn, and others.

Renasant Bank has humble roots, starting in 1904 as a $100,000 bank in a Lee County, Mississippi, bakery. Since then, Renasant has grown to become one of the Southeast’s strongest financial institutions with over $13 billion in assets and more than 190 banking, lending, wealth management and financial services offices in Mississippi, Alabama, Tennessee, Georgia and Florida. All of Renasant’s success stems from each of their banker’s commitment to investing in their communities as a way of better understanding the people they serve. At Renasant Bank, they understand you because they work and live alongside you every day.

Special thanks to A&S Culinary Concepts for their support of this edition of North Fulton Business Radio. A&S Culinary Concepts, based in Johns Creek, is an award-winning culinary studio, celebrated for corporate catering, corporate team building, Big Green Egg Boot Camps, and private group events. They also provide oven-ready, cooked from scratch meals to go they call “Let Us Cook for You.” To see their menus and events, go to their website or call 678-336-9196.

Guardianship and Conservatorship Through the Court System

March 13, 2019 by Mike

Gwinnett Studio

Guardianship and Conservatorship Through the Court System

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Senior Salute Radio brings timely information to leading age Boomers and Seniors addressing the issues of aging, care-giving and maintaining quality of life. Learn from both professionals and regular people going through the process with their families.

The Estate & Asset Protection Law Firm was established to serve the legal needs of senior citizens when their health care needs increase. The Firm focuses its entire practice on Asset Protection and Estate Planning matters, which encompasses the areas of Medicaid Planning, VA Benefits Planning, Special Needs Planning, and Estate Planning. Victoria Collier has grown her law practice through her personable nature and good management skills. The office is located in downtown Decatur, GA. The Firm makes house calls to those clients who are unable to come to the office. They understand that you might not be able to make it into the office, so they have no problem coming to you! Take comfort in knowing that it is the mission of Victoria Collier to support her clients in the creation of a long-term care plan for preserving assets, maximizing independence, and enhancing quality of life.

Exit and Succession Strategies for Closely Held Business Owners

February 24, 2016 by Mike

Gwinnett Studio

Exit and Succession Strategies for Closely Held Business Owners

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Robert Port, Cardell McKinstry, Bryan Koepp, Adam Gaslowitz

On this week’s episode of “Wealth Matters”, hosts Adam Gaslowitz and Robert Port discuss “Exit and Succession Strategies for Closely Held Business Owners”. Guests include Cardell Mckinstry, Director of M&A Tax Services for Habif, Arogeti & Wynne LLP, and Bryan P. Koepp, Regional Wealth Strategist and Senior Vice President of Regions Private Wealth Management.

Bryan Koepp/Regions Private Wealth Management

Bryan Koepp joined Regions Private Wealth Management in August 2015 as its Wealth Strategist for its East region. Bryan’s major areas of expertise include advanced estate and trust planning, business succession planning, non-qualified benefit planning for companies and their employees, asset protection, and complex insurance transactions.

Prior to joining Regions Private Wealth Management, Bryan chaired PNC’s Wealth Management National Practice Group for Planning for the Business Owner as a Senior Wealth Planner for its Georgia wealth team. The Planning for the Business Owner group focused on the unique and often difficult planning needs of business owners including the development of a tax- efficient plan for business transition whether the transition is targeted for family members, outright sale, public offering, or other strategy. Bryan has also served as a group financial planning strategist with BB&T Wealth Management. While at BB&T, Bryan was the firm’s lead business transition planning strategist and also anchored BB&T’s wealth planning team in Georgia. Bryan has also served as a director and senior consulting attorney for AXA Equitable’s advanced markets team.

Bryan received his undergraduate degree (B.A.) with honors from the College of Wooster in Wooster, Ohio. He earned his law degree (J.D.) from The Ohio State University College of Law. He is admitted to practice law in the states of Georgia and Ohio. Bryan is also a Certified Financial Planner and a registered Trust & Estate practitioner (TEP) with the Society of Trust and Estate Practitioners (STEP) for international planning.

Linkedin: https://www.linkedin.com/in/bryan-koepp-0402317

Cardel McKinstryHabif, Arogeti & Wynne, LLP/

Cardell is the Director of M&A Tax Services for Habif, Arogeti & Wynne, LLP. Cardell has over 15 years of tax consulting experience serving clients across a wide range of industries, including construction, distribution, financial services, manufacturing and telecommunications. Prior to joining Habif, Arogeti & Wynne, Cardell was a Senior Director with the Alvarez & Marsal Transaction Tax Group and a former member of the Mergers and Acquisitions Transaction Services Group at Deloitte & Touche LLP.

Cardell focuses on advising financial and strategic clients on the tax aspects and structuring of taxable and tax-free transactions. These include mergers and acquisitions, dispositions, restructurings, leveraged buy-outs and recapitalizations. He has been involved in all aspects of due diligence, transaction structuring and reviews of transaction-related documents.

Cardell has assisted in providing tax solutions for companies going through different phases of their life cycle, such as mergers and acquisitions, dispositions, bankruptcies and ownership changes. The tax solutions provide a variety of structures to retain valuable tax attributes (e.g. NOLs, tax credits, etc.), maximizing value and flexibility for all parties involved.

Cardell earned a bachelor’s degree in accounting and a master’s degree in taxation from the University of Alabama.

About Gaslowitz Frankel:

Gaslowitz Frankel is an experienced trial practice firm specializing in all aspects of complex fiduciary litigation throughout Georgia and the Southeast. With a focus on representing individuals, companies, banks, and fiduciaries in dispute involving wills, estates, trusts, guardianships, businesses, and securities law, their experienced and highly qualified litigation attorneys have tremendous credentials and a proven history of success.

If you would like to watch past episodes of “Wealth Matters”, please visit their You Tube Channel.

Remember to tune in on the 4th Wednesday of every month at 8:30 AM to listen live to their show!

Facebook: https://www.facebook.com/EstateDispute

Twitter: https://twitter.com/EstateDispute

LinkedIn: https://www.linkedin.com/company/estatedispute

Helping Mom and Dad Pay Their Bills as They Age

January 27, 2016 by Mike

Gwinnett Studio

Helping Mom and Dad Pay Their Bills as They Age

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Millie Baumbusch, Tim Curtin, Vivian Wright, Craig Frankel

On this episode of “Wealth Matters”, hosts Craig Frankel and Millie Baumbusch discuss “Helping Mom and Dad Pay Their Bills as They Age: Solutions From Joint Accounts to Conservatorships” with their guests Vivian M. Wright and Tim Curtin.

Vivian Wright/Common Sense Solutions

Born in Atlanta, Vivian actually spent her formative years in Carrollton, Ga. She studied Early Childhood Education at the University of West Georgia and was a member of the Chi Omega sorority. She began her career at The First National Bank of Atlanta in 1981 as a secretary. Vivian quickly became enamored with numbers and within six months was promoted to Tax Analyst, preparing trust, charitable, employer and estate tax returns. While continuing to pursue a career in Trust and Investment Management, Vivian simultaneously earned her B.S. in Accounting from Georgia State University.

She is a graduate of Southern Trust School (1991), Cannon Financial Institute, National Trust School (1994) and National Graduate Trust School (1996). In 1992 Vivian was inducted among the distinguished charter designees as a Certified Trust and Financial Advisor. Frequently recognized, Vivian earned Outstanding Performer awards repeatedly during her tenure at both Wells Fargo (then) Wachovia and SunTrust Bank.

Prior to founding Common Sense Solutions, Vivian enjoyed a 20 year career managing fiduciary relationships at The First National Bank of Atlanta, First Atlanta, First Wachovia, Wachovia, now Wells Fargo; NationsBank, now Bank of America; SouthTrust, now Wells Fargo; and First Union, now Wells Fargo. By drawing on her experience with Atlanta’s leading Wealth Management Divisions, Vivian now serves the needs of clients and beneficiaries using her sense of fiduciary duty and compassion. Vivian constantly seeks practical ways to add value by compiling and analyzing client financial resources, reducing redundancy and greatly simplifying financial situations to bring a greater quality of life. Vivian is supported by an experienced and attentive staff dedicated to preserving client retention.

Incorporating in 2001 as Common Sense Solutions, Vivian realized her goal of creating a specialized business providing Private Fiduciary and Personal Bookkeeping services she had previously provided members of the bank’s Board of Directors and their families during her career at the Banks. Vivian enjoys working with the current generations of some of those same families.

Vivian has served on the Board of Directors of The American Association of Daily Money Managers, Lifespan Resources, BreakThru House and she and her husband, Andy Raper, previously served on the Board of Directors for The Men’s Health and Wellness Center. Vivian is also a member of the National Association of Professional Organizers.

Facebook: https://www.facebook.com/Common-Sense-Solutions-Inc-362681707588/

Tim Curtin/Curtin Law Firm

Tim Curtin is the President of Curtin Law Firm. Tim’s passion is helping individuals, families, and business owners achieve peace of mind by developing and implementing practical, customized, and cost effective estate plans. As part of his goal-oriented estate planning process, he first seeks to understand his clients’ goals and needs. His advice focuses on how his clients’ estate planning documents advance your goals. He uses plain English so they know what they need to do in order ensure their plan works the way it was intended. His personal mission is to make estate planning as accessible, efficient and streamlined as possible so that individuals, families, and business owners are motivated to express their estate planning goals, and families and business partners do not have to deal with the disastrous fallout from a lack of planning.

In addition to creating estate plans, Tim assists families in navigating the probate process when loved ones pass away, and he establishes guardianships and conservatorships for individuals with special needs and adults who can no longer manage their own affairs. For the past fifteen years, he has served as a court appointed attorney and guardian ad litem for incapacitated adults in the Fulton County, Georgia Probate Court.

Tim believes effective estate planning is critical to our financial, physical, and emotional well-being, and he is grateful for the opportunity to be involved in this process.

Tim is currently serving on the board of the Estate Planning and Probate Section of the Atlanta Bar Association. He is also a member of the Elder Law Section of the Atlanta Bar Association and the Fiduciary Law Section of the Georgia State Bar. He is honored to have received an “AV” rating from the Martindale-Hubbell legal directory, which rating is based upon a review by his peers and is the highest designation awarded. He received his law degree from Wake Forest University and his undergraduate degree from Hampden-Sydney College.

LinkedIn: www.linkedin.com/in/tim-curtin-a0102b82

To watch this program on You Tube, CLICK HERE.

About Gaslowitz Frankel:

If you would like to watch past episodes of “Wealth Matters”, please visit their You Tube Channel.

Remember to tune in on the 4th Wednesday of every month at 8:30 AM to listen live to their show!

Facebook: https://www.facebook.com/EstateDispute

Twitter: https://twitter.com/EstateDispute

LinkedIn: https://www.linkedin.com/company/estatedispute