David Pollan

Bar / Professional Activity

• AARP
• State Bar of Georgia
• Senior Citizens’ Law Project
• Georgia Community Trust and Weinstein Hospice
• National Academy of Elder Law Attorneys, Member
• Atlanta Regional Committee Aging Services Board
• Elder Law Committee
• Georgia, 1990

Pro bono / Community Service

• Volunteer Legal Counsel, Atlanta Legal Aid Society
• Weinstein Hospice, William Breman Jewish Home, Ethics Advisory Committee, 2021
• Legislative Advocacy, Coalition of Advocates for Georgia's Elderly (COAGE), 2009

Honors

• AV rated* under Martindale-Hubbell, AV Rated, Martindale-Hubbell, Martindale-Hubbell, 2024

Educational Background

• Emory University School of Law, Juris Doctorate, 1990 , 1990
• Boston University, B.S., Public Relations and Marketing College of Communications, 1985

White Papers

• Presentation for Case Managers employed by Independent Care Waiver Program (ICWP)  providers to discuss income eligibility requirements and the use of Qualified Income Trusts pursuant to 42 U.S.C. Section 1396p(d)(4)(B), protections of income for the Medicaid-member, ineligible spouse, and dependent children.  , Qualified Income Trusts and Medicaid Financial Eligibility Requirements for Medicaid Waiver Participants, Case Managers For Home And Community-Based Waiver Programs, 2024
• This presentation begins with an overview of “structured settlements” as a legal investment in the context of personal injury and medical malpractice settlements that may be presented before the Georgia Probate Court on behalf of a minor or an incapacitated adult for the court’s consideration. This can include circumstances where, a minor child is the heir of a decedent’s estate in a wrongful death settlement or verdict, a minor child or incapacitated adult who suffered personal injuries arising from a personal injury or medical malpractice action, and a discussion of the interplay with the Georgia State Medicaid plan, and Medicaid programs that serve participating members with profound disabilities.  Program materials that follow include  a review of current and available classes of medical assistance established in the Georgia State plan; eligibility criteria for each; recent developments and activities by the State of Georgia toward recouping expenditures through its right of subrogation in the third-party liability context, as well as through “estate recovery” upon the Medicaid member’s passing., Structured Settlements and as Legal Investment and in Context with Special Needs Planning, Medicaid Eligibility, Medicaid Liens, and the States' Right of Recovery from Personal Injury and Medical Malpractice Settlements, Georgia Probate Court Judges, 2017
• Presentation of the use of trusts in the context of children and younger adults with disabilities who require means-tested forms of government assistance, including Supplemental Security Income (SSI) and Medicaid, including irrevocable, self-settled special needs trusts, qualified income trusts (QITs), inter vivos, third-party special needs trusts, testamentary special trusts., "Protection of Medicaid and SSI Eligibility - Not All Trusts Should Be Created Equally", Georgia Trial Lawyers Association/Trial Attorneys, 2018
• This presentation shall begin with an overview of financial eligibility requirements for institutional classes of Medicaid or “Long-Term Care Medicaid”, which includes “Nursing Home Medicaid” “Hospital Medicaid, and the “home and community based long-term care services” programs, including “income” and “resource” eligibility requirements, “exempt” or non-countable assets, “transfer of assets”, and consequences of assets (or settlement divestitures) in context with nursing home malpractice and personal injury settlements, that must be considered for the Plaintiff and/or his spouse who will be dependent on Medicaid as a payer source for continuing long-term care needs post-settlement. Program materials that follow include a review of current and available classes of medical assistance established in the Georgia State plan; eligibility criteria for each; recent developments and activities by the State of Georgia toward recouping expenditures through its right of subrogation in the third-party liability context., NURSING HOME MEDICAID ELIGIBILITY AND SETTLEMENT PLANNING, MEDICAID LIENS, AND THE STATES’ RIGHT OF RECOVERY FROM PERSONAL INJURY AND MEDICAL MALPRACTICE SETTLEMENTS, 2019

Scholarly Lectures / Writings

• The settlement of a Worker's Compensation case and government benefits eligibility and the implications of means-tested forms of government benefits, including long-term care Medicaid and home and community-based waiver programs and how first party special needs trusts, annuities, and ABLE accounts can be utilized to preserve benefits eligibility., Presenter, Settlement and Special Needs Planning for Clients With Disabilities - Medicaid, SSI, and the Use and Advisability of Special Needs Trusts and ABLE Accounts, State Bar of Georgia, Institute for Continuing Legal Education in Georgia, Workers Compensation Attorneys, 2022
• Overview of financial eligibility requirements for institutional classes of Medicaid or “Long-Term Care Medicaid”, which includes “Nursing Home Medicaid” “Hospital Medicaid, and the “home and community based long-term care services” programs, including “income” and “resource” eligibility requirements, “exempt” or non-countable assets, “transfer of assets”, and consequences of assets (or settlement divestitures) in context with nursing home malpractice and personal injury settlements, that must be considered for the Plaintiff and/or his spouse who will be dependent on Medicaid as a payer source for continuing long-term care needs post-settlement. Program materials that follow include a review of current and available classes of medical assistance established in the Georgia State plan; eligibility criteria for each; recent developments and activities by the State of Georgia toward recouping expenditures through its right of subrogation in the third-party liability context.  , Presenter, GEORGIA TRIAL LAWYERS ASSOCIATION - Nursing Home Medicaid Eligibility and Settlement Planning for Trial Attorneys, Medicaid Liens and States' Right of Recovery from Personal Injury and Medical Malpractice Settlements, Georgia Trial Lawyers Association, Trial Attorneys, 2019
• This presentation shall begin with an overview of “structured settlements” as a legal investment in the context of personal injury and medical malpractice settlements that may be presented before the Georgia Probate Court on behalf of a minor or an incapacitated adult for the court’s consideration. This can include circumstances where, a minor child is the heir of a decedent’s estate in a wrongful death settlement or verdict, a minor child or incapacitated adult who suffered personal injuries arising from a personal injury or medical malpractice action, and a discussion of the interplay with the Georgia State Medicaid plan, and Medicaid programs that serve participating members with profound disabilities.  Program materials that follow include  a review of current and available classes of medical assistance established in the Georgia State plan; eligibility criteria for each; recent developments and activities by the State of Georgia toward recouping expenditures through its right of subrogation in the third-party liability context, as well as through “estate recovery” upon the Medicaid member’s passing., Presenter, Structured Settlements as a Legal Investment and in Context with Special Needs Planning, Medicaid Eligibility, Medicaid Liens, and the States' Right of Recovery from Personal Injury and Medical Malpractice Settlements, Georgia Probate Court Judges Council 2017 Spring Conference, Georgia Probate Court Judges, 2017
• Presenter, "Georgia Elder Law", NBI, 2004
• Author/Presenter, "Qualified Income Trust in Georgia", Georgia Legal Services Program and Atlanta Legal Aid Society", 2005
• Author and Presenter, "Medicaid and Elder Law Issues in Georgia", Lorman Educational Services, 2004
• Speaker, "Community Based Medical Assistance Programs in Georgia", MEDS, 2004
• Author, "Should People With Disabilities Have a Guardian", Making a Difference, Winter Edition 2004, 2004
• Presenter, "Georgia Medicaid Workshop", HalfMoon, LLC, 2003
• Presenter, Legal Services University, "Asset Protection, Basic Probate and Estate Administration in Georgia", Georgia Legal Services Program, 2003
• Presenter, "Trust Drafting for the Disabled Beneficiary", Sterling Education Services, 2003
• Author and Presenter, "Medicaid and Medicaid Planning in Georgia - Special Needs Trusts and Asset Protection for the Disabled Beneficiary", MEDS, 2003
• Author, www.nxtbook.com/nxtbooks/naylor/GTLQ0113/index.php#/18, Verdict Magazine, Georgia Trial Lawyers Association, Georgia Trial Lawyers Association, 2013
• Author and Presenter, "Nursing Home and Personal Care Home Contracts and Residents' Rights, Legal Issues in Planning for Long-Term Care", ICLE, 1997
• Author and Presenter, "Nursing Home Contracts and Residents' Rights: Georgia Elder Law", ICLE, 1997
• Author and Presenter, "Long-Term Care Issues in Georgia, Georgia Elder Law: Planning for Incapacity and Long-Term Care", ICLE, 1996
• Speaker, "Adult Guardianship in Georgia", Alzheimers Association Conference, Georgia Southern University, 1996
• July 2010 "How Georgia is cutting spending by reducing services for elders and medically fragile children", Speaker, Eldercare Matters, 2010
• August 2010, "Medicaid Waiver Programs, Disability Benefits and Home Modification", Participant Presenter, CEU Event: Resources For Patients with Disabilities:, 2010
• September 2010, Webinar, Presenter, "Guardianship and Estate Planning for the Beneficiary with Disabilities", Parent To Parent Of Georgia, 2010
• November 2010, Meeting, Presenter, "Special Needs Trusts and Government Benefits Eligibility", Georgia Advocacy Office, 2010
• Presenter, "Genes, Machines & Alzheimers, Medical Ethical & Policy Issues Surrounding Alzheimers Disease", Alzheimers Association of Georgia, 1996
• January 2011, An Elder Care focused Opportunity for Caregivers to ask about the legal issues that arise when caring for aging loved ones., Featured Presenter, The Legal-ease of Senior Care, Alzheimer's Association, 2011
• Featured Speaker, "Medicaid and Elder Law: Representing Clients in a New Legal Landscape", 2008
• Presenter, "Planning for Long-Term Care: The Impact of New Medicaid Rules in Georgia, Educational Services, 2007
• January 2011, Shrinking State Budgets and the Impact on the Elder and Special Needs Communities, Presenter, "A Primer on Medicaid Law and How Special Needs Trusts Protect SSI and Medicaid Eligibility", Shepherd Center - Spinal Cord Injury Program, 2011
• Presenter, Special Needs Trusts for the Younger Disabled Beneficiary, Institute for Continuing Legal Education (ICLE), 2007
• February 2011, Population Trends and Advance Planning for Legal and Financial Health, Presenter, "Why Plan Ahead?", Dunwoody United Methodist Church, 2011
• Program Chair, "Resolving Legal and Financial Issues in Elder Care", NBI, 2006
• February 2011, CEU Seminar - Ethics and Elder Law, Presenter, "Ethics and Surrogate Decision-Making", CEU Marketing Concepts, 2011
• Speaker, "Medicaid, Medicaid Planning & Elder Law in Georgia, 2006
• February 2011, Presenter, "The Importance of Advance Directives and Advance Planning", Early Memory Loss Support Group/Emory Hospital Alzheimer's Disease Research Center, 2011
• Presenter and Author, "Medicaid: From Qualifying Clients to Applying for Benefits", 2006
• Panelist, "Special Needs Trusts", ICLE, 2006
• Speaker, "Medicaid Estate Recovery", 2006
• Author, "Georgia Elder Care Planning - How to Protect Assets and Qualify for Long-Term Care Services", NBI, 2005
• 2005, Author and Speaker, "Medicaid and Medicaid Planning in Georgia", MEDS, 2005
• Presenter, "Medicaid and Elder Law in Georgia", Lorman Educational Services, 2005
• Presenter, "Basic Fiduciary Practice", ICLE, 2004
• Presenter, "Changes in Medicaid and Medicare", Case Management Society of Georgia, 2004

Other Outstanding Achievements

• In Re Connell, Georgia Court of Appeals, 217 Ga.App. 523 (1995), 1995

• Adult Guardianship and Conservatorship
• Elder
• Medicaid Planning
• Settlement and Special Needs Planning
• Special Needs
• Special Needs Trusts