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Diane Weinberg

Attorney Profile

Top Rated Elder Law Attorney in Atlanta, GA

Weinberg Elder Law LLC
976 Brady Ave NW, Suite 100
Atlanta, GA 30318
Phone: 404-969-5648
Fax: 404-393-9579
Selected to Super Lawyers: 2020 - 2022
Licensed in Georgia Since: 1997
Practice Areas: Elder Law, Estate Planning & Probate
Attorney Profile

Attorney Diane Weinberg is the founder and owner of Weinberg Elder Law LLC, in Sandy Springs, Georgia. Nationally ranked as among the preeminent lawyers in the country, Ms. Weinberg devotes her practice to fiduciary law, including guardianships and conservatorships, challenges to wills and trust, and elder abuse.  Having practiced Elder Law since 2005, she has more than 22 years of total legal experience helping her clients throughout the greater Atlanta metro region find the quality solutions they seek for their legal challenges involving any of the following:

  • Estate administration and probate
  • Contested and uncontested guardianships and conservatorships
  • Guardianship and conservatorship administration
  • Public benefits planning for individuals under a guardianship and/or conservatorship
  • Fiduciary disputes

Among her list of impressive legal credentials, Ms. Weinberg is certified as an At-Risk Adult Crime Tactics Specialist with the Georgia Department of Human Services' Division of Aging Services, and she holds a full accreditation from the Veterans Administration. Recognized as a devoted advocate for her clients, she delivers practical, customized and effective solutions to help her clients achieve the favorable outcomes they seek as efficiently and cost-effectively as possible, and she has achieved a long record of helping her clients obtain the full amount of benefits they deserve.

Recognized for her impeccable professionalism and stellar client service, Ms. Weinberg has earned an AV-Preeminent peer review rating* from Martindale-Hubbell and a Five Star Financial Service Professional designation along with many other top rankings and endorsements from her peers. She has also received Superb, 10 out of 10, client ratings on AVVO as well as numerous testimonials from those she has served.

A 1992 honors graduate of the University of Pennsylvania, Ms. Weinberg obtained her Juris Doctor from Emory University School of Law in 1997, where she received a Dean's Fellowship her final year. She holds her admission to practice before all Georgia state courts as well as before the Georgia Supreme Court, the Georgia Court of Appeals and the Veterans Administration.

Along with maintaining a successful legal practice, Ms. Weinberg also maintains active involvement in her legal community, and she has served as board member of the National Academy of Elder Law Attorneys as well as co-chair of its legislative committee. She is also a member of the Academy of Special Needs Planning Attorneys, the Atlanta Bar Association's Estate Planning and Probate Section and other local, state and national legal organizations.

Drawing upon her extensive legal knowledge, she has many publications to her credit, and she has conducted lectures and continuing legal education seminars across her region on a variety of legal topics.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice Areas
  • 80%Elder Law
  • 20%Estate Planning & Probate
Focus Areas

Guardianships & Conservatorships, Probate & Estate Administration

Selections

3 Years Super Lawyers
  • Super Lawyers: 2020 - 2022

About Diane Weinberg

First Admitted: 1997, Georgia

Professional Webpage: https://weinbergelderlaw.com/diane-weinberg/

Newsletters

  • Article addressed changes made to the Georgia Medicaid manual through my advocacy for a disabled mother and her family, When Advocacy Creates Policy Change, Legal Services
  • Reviewed options to receive Medicaid services outside of a facility setting to allow individuals who are appropriate for nursing home services to remain in a community, Partnering with Medicaid to Receive Support to Remain at Home: Medicaid Waiver Programs, Legal Services, Financial Services, Elder Care Services
  • It’s Time to Act on the Special Needs Trust Fairness Act, https://morgandisalvo.com/its-time-to-act-on-the-special-needs-trust-fairness-act/, The Passionate Planner: Morgan & DiSalvo's newsletter, September 2015
  • Co-authored article with attorney Richard Morgan. Addressed long-reaching implications of a policy SSA implemented concerning attorneys fees charged for creating a special needs trust, Federal Government Quietly Threatens Attorneys, Regardless of Practice Area, with Significant Penalties & Jail Time For Assisting Those with Special Needs Family Members, Financial Services, Legal
  • The Passionate Planner: Morgan & DiSalvo's newsletter, October 2017, Medicaid Rules, as Explained by a Trusted Colleague
  • The Passionate Planner: Morgan & DiSalvo's newsletter, January 2016, Will Your Medicare Premiums and Deductibles Increase in 2016?
  • The Passionate Planner: Morgan & DiSalvo's newsletter, August 2018, Exciting News from the Department of Community Health: Increases to Medicaid Financial Limits and the Creation of the Elderly & Disabled Waiver Program
  • The Passionate Planner: Morgan & DiSalvo's newsletter, July 2018, The Department of Community Health Introduces the Elderly and Disabled Waiver Program
  • The Passionate Planner: Morgan & DiSalvo's newsletter, April 2017, Recharged and Ready to Go
  • The Passionate Planner: Morgan & DiSalvo's newsletter, January 2019, Have an Irrevocable Trust? Have lunch with your accountant before Thursday, March 6, 2019!
  • The Essence of Estate Planning: Let the Journey Begin (Updated August, 2015)
  • Special Needs Trust Accounts Created Under the ABLE Act
  • VA Benefits FAQ
  • Should I Use a Will or a Revocable Living Trust? Separating Facts From Fiction- (Updated June 2015)
  • Primer on Special Needs Trusts

Pro bono/Community Service

  • Leukemia and Lymphoma Society of America
  • Atlanta Knitting Guild, Member
  • Sandy Springs Perimeter Chamber of Commerce, Member
  • Merit Badge Counsellor, Northern Ridge District of the Atlanta Area Council of the Boy Scouts of America
  • Buckhead Business Association, Member, 2020-2022
  • Founding Member and Current Chair, Stitch N K’vetch group at Congregation Beth Shalom
  • Atlanta Knitting Guild, Treasurer, 2012 - 2013
  • Madison Community Homeowner’s Association, Secretary/Treasurer, 1999-2000
  • Congregation Beth Shalom - Vice President, Development, 2003-04; Legal Counsel to the Board of Directors, 2002-03
  • Jewish Family & Career Services, North Fulton Advisory Committee, 2006
  • Member of informal legislative workgroup, Georgia Bureau of Investigations, Abuse, Neglect and Exploitation of the Elderly, 2015 to Present

Honors/Awards

  • AV Rated 4.9, Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Attorneys looking to refer a client, as well as individuals researching lawyers for their own legal needs, use these ratings to identify, evaluate and select the most appropriate lawyer for their legal issue. Combined with the Martindale-Hubbell® Client Review Ratings, self-reported professional credentials and other fact-based performance data, a Peer Review Rating contributes to the comprehensive view of a lawyer and benefits the entire legal community
  • Georgia Super Lawyer, 2020
  • 10/10 Rating, Avvo
  • Their selection is the result of a rigorous research process that included a regulatory and consumer complaint review, and an evaluation of objective criteria associated with wealth managers who provide quality services to their clients Five Star Professional conducts research to help consumers with the important decision of selecting a service professional. The Five Star award is presented to wealth managers, real estate agents, mortgage professionals, home/auto insurance professionals and dentists in more than 45 markets in the U.S. and Canada. The Five Star award recognizes service professionals who provide quality services to their clients, Five Star Financial Service Professional, 2015

Bar/Professional Activity

  • National Academy of Elder Law Attorneys, Georgia Chapter State Ambassador
  • Atlanta Bar Association, Member
  • Academy of Special Needs Planning Attorneys, Member, 2012 - present
  • Court of Appeals for the State of Georgia, 2000
  • Veterans Administration Accreditation, 2012
  • Supreme Court of Georgia, 1998
  • Atlanta Bar Association, Estate Planning and Probate Section
  • Academy of Special Needs Planners, Member
  • State Bar of Georgia, Member
  • National Academy of Elder Law Attorneys, Georgia Chapter Member
  • National Academy of Elder Law Attorneys, Board of Directors, Co-Chair Legislative Committee, 2019

Educational Background

  • University of Pennsylvania, B.A., with Honors in History, 1992

Special Licenses/Certifications

  • Certified At-Risk Adult Crime Tactics Specialist, Georgia Department of Human Resources, Division of Aging Services, 2015

Verdicts/Settlements

  • While advocating for a disabled adult in need of Nursing Home Medicaid, I advised the Department of Community Health of two Medicaid provisions that did not comply with federal law, and, in response, DCH changed provisions in its manual.  I am the only attorney to have successfully advocated for and caused more than one change to the Georgia Medicaid Manual, 2019
  • Represented relatives in obtaining a third-party guardianship and conservatorship of an aging couple who had been subject to financial exploitation by their child and abandoned.  Have been retained by the conservator to assist in the administration of the conservatorship., 2021
  • Represented spouse who had been isolated from his spouse with dementia from improperly being subject to a guardianship and conservatorship and from being denied contact with his deteriorating spouse.   , 2022
  • Represented several adult children whose parents had become victims of international "scammers."  Successfully represented the adult children in their conservatorship matters and helped them preserve their parents' savings., 2022
  • Represented a sibling in obtaining a guardianship and conservatorship over his mother who was being financially exploited by a sibling.  , 2022
  • Represented older gentleman with a hearing loss and no cognitive impairment from becoming the ward under a guardianship and conservatorship., 2020
  • Advocated for and helped clients obtain an emergency and permanent conservatorship over an elderly parent who had gifted more than $100,000 to overseas scammers, thereby helping the elderly parent retain assets for that parent's care, 2020
  • In a matter where the elderly father had been taken across the country and dumped, I helped the family obtain an emergency and permanent guardianship and conservatorship in this matter as well as a protective order against the perpetrator, 2019
  • Represented several parents in obtaining an emergency and permanent guardianship over mentally ill children who were in and out of involuntary commitments. In one matter, the emergency guardianship was coordinated with an involuntary commitment to ensure that the adult child did not receive certain medications to which the child had adverse life-threatening reactions, 2019
  • Assisted in the rescue of an adult, temporarily disabled due to a medical crisis, who had been taken across state lines against her will, 2018
  • Obtained an emergency guardianship for an adult with dementia who, at the urging of a family member, had planned to sell his home in a retirement community, thereby rendering him homeless, 2018

Scholarly Lectures/Writings

  • Addressed Medicaid Waiver and other public benefits available to support individuals with mental health and addiction issues, Panelist, Helping Clients Fight the Financial Drain of Addiction, Fifth Annual Invest in Women Conference, Financial Advisor Magazine, Financial Services, 2019
  • Elder Care Matters, Editor (2005-06)
  • Georgia Bar Journal, Editor (1997-98)
  • “It Can’t Happen to Me, Until It Did - Planning for Disability” - AlefBet Preschool Parent Teacher Organization, February 2012
  • “Elder Abuse Laws and Resources” and “Attorney/Client Relations” - “Elder Law: Basics of Elder Law from A-Z” - Law Review CLE, July 17, 2012
  • “The American Taxpayer Relief Act of 2012" - Multiple presentation in January & February 2013
  • “Elder Law: Basics of Elder Law From A-Z” - Law Review CLE, February 26, 2013
  • Legal & Long Term Care Issues for Special Needs Planning” - The Lionheart School, April25, 2013
  • Addressed a national audience on planning strategies for Nursing Home Medicaid that vary from state to state depending on the type of Medicaid that state adopted. Addressed specific planning issues concerning the family home, Speaker, "Medicaid and the Deficit Reduction Act," "Planning for Long-Term Care After the DRA," and "Protecting the Family Home", NBI Seminar airing nationally on Sept 7, 2017: "Top Elder Care Planning Strategies", Legal Services, 2017
  • Presented overview of Medicaid Nursing Home and Waiver Benefits to Georgia Legal Aid attorneys, Georgia Legal Services Program attorneys, and other volunteer practitioners, Speaker, Medicaid from 30,000 Feet, Georgia Legal Services University, Legal Services, 2017
  • Educated attorneys about the availability of different types of special needs and their purposes. Also addressed complex benefits planning involving SSI, HUD, SNAP and other needs-based benefits, Speaker, "Types of Trusts and Their Use," "Coordinating Benefits", NBI Seminar on December 7-8: "Elder Law and Medicaid Planning: Everything You Need to Know", Legal Services, 2017
  • Discussed ethical implications of attorneys assuming various roles as trustee or trust director when drafting a trust, the shifting nature of client confidentiality, and ethics in attorneys fees, Speaker, Legal Ethics in Trust Practice, NBI Seminar on September 16, 2019: How to Use Trusts To..., Legal Services, 2019
  • Educated attorneys on alternatives to facility-based Medicaid programs, Speaker, Community-Based Medicaid, Annual Conference of the Georgia Chapter, National Academy of Elder Law Attorneys, Legal Services, 2017
  • Educated professionals in the estate planning field as to types of incapacity issues, how to identify those issues, and when court intervention is needed, Speaker, Guardianship, Conservatorship and Other Incapacity Issues, North Georgia Estate Planning Counsel, Legal, Financial Services, 2019

Videos

  • Addresses circumstances under which you do need an attorney to assist with a guardianship or conservatorship., Do you Need an Attorney, Fiduciary Law, 2022
  • This video is an overview of these two related but different protective proceedings, including the rights removed under each proceeding and the process for obtaining a guardianship and conservatorship in Georgia., Conservatorships and Guardianships , 2021
  • This video talks about the forms of elder abuse, including neglect, self-neglect, and isolationism., What is Elder Abuse, 2021
  • This video addresses a number of the misconceptions about the limits of powers of attorney and guardianships and conservatorships and how the power of attorney differs from guardianships and conservatorships., How Guardianships and Conservatorships Differ from Powers of Attorney, 2021
  • As the title implies, this video is designed to provide guidance for those who have just lost a family member and aren't sure what tasks need to be done outside of probating/administering an estate., What To Do When a Loved One Dies, 2021
  • My interview with the Business Notes Podcast in which I address the guardianship and conservatorship process and the challenges of elder abuse., Diane's Guest Spot on the Business Notes Podcast, 2021
  • This video addresses resources available to guardians and conservators, including bookkeepers (daily money managers), care managers, and (of course) elder law attorneys., Guardianship and Conservatorship: Don't Go It Alone, 2021
  • This video addresses the limits and benefits of guardianships when the proposed ward has a mental illness. , Mental Health and Guardianship, 2021
  • In this Interview with Wealth Matters Podcast (by SuperLawyers Robert Port and Adam Gaslowitz), I address the guardianship and conservatorship process., Spotlight on Conservatorships and Guardianships, 2021
  • Discusses when you need court permission as a fiduciary, such as when moving a ward out of state, selling the ward's assets, or creating a budget., Situations when a Guardian or Conservator Needs Court Approval, 2021
  • How to accommodate someone who has a mental illness in litigation., The Challenges of Representing Someone with Mental Illness, 2022
  • There has been a lot of confusion about the ABLE Act and how it impacts the special needs planning world. It was touted as a trust that would eliminate the need for attorneys to practice in this area. The good news (for me) is that it does not; it creates a new type of special needs trust that will benefit special needs individuals in certain situations. To understand the place of the ABLE Act in the special needs planning world, it is important to become familiar with the trusts that form the foundation of special needs planning – the self-settled special needs trust (also called a first party or D4A trust), the third party supplemental needs trust, and the community pooled trust. This month’s video version of the Passionate Estate Planner is a primer addressing these three types of trusts, Primer on Special Needs Trusts, 2015
  • This month, we are focusing on the trust accounts created under the Achieving a Better Life Experience (ABLE) Act, a new type of statutory special needs trust. Modelled after the Qualified Tuition Program (commonly known as a 529 Plan account), the ABLE Act allows a qualifying individual to create one ABLE account to accumulate cash while remaining eligible for public benefits, including SSI and Medicaid. All contributions to the account are aggregated and capped at a value equal to the annual gift tax exclusion amount for that year ($14,000 in 2015, adjusted for inflation in $1,000 increments). The account itself is also capped, and it may not hold more than the State limit for education-related 529 accounts ($235,000 in Georgia). In this video newsletter, we are going to provide an overview of the trust account created by the ABLE Act as well as discuss the role that these accounts will play in special needs planning, Special Needs Trust Accounts Created Under the ABLE Act, 2015

Transactions

  • Decanted a testamentary supplemental needs trust to a new trust that would allow the special needs beneficiary to obtain public benefits., 2022
  • Helped a family sell property that was owned, in part, by a special needs trust and by various family members outside of the trust. This transaction involved filing a petition with the probate court, overseeing the sale of the property, creating an ABLE Act account to hold some of the proceeds of the sale, advising the clients about making expenditures from the special needs trust, advising clients about making expenditures from the ABLE Act account, and corresponding with the Social Security Administration, 2020
  • Helped an individual with a disability keep his benefits by drafting a trust to hold the proceeds of a litigation settlement, 2020
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Office Location for Diane Weinberg

976 Brady Ave NW
Suite 100
Atlanta, GA 30318

Phone: 404-969-5648

Fax: 404-393-9579

Last Updated: 7/20/2022

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