Miles P. Hurley

Attorney Profile

Top Rated Elder Law Attorney in Atlanta, GA

Hurley Elder Care Law
 | 100 Galleria Parkway, Suite 650
Atlanta, GA 30339
Phone: 404-843-0121
Fax: 404-843-0129
Selected To Super Lawyers: 2021
Licensed Since: 1992
Practice Areas:
  • Elder Law
    Attorney Profile

    Attorney Miles P. Hurley is the founder and owner of Hurley Elder Care Law, which has law offices in Atlanta, Peachtree City, Duluth and Woodstock, Georgia. Serving clients throughout the state, Mr. Hurley provides unmatched counsel and support in all areas of elder law, and he holds his certification as an elder law attorney from the National Elder Law Foundation.

    Over the course of his legal career, Mr. Hurley has achieved remarkable success advocating on behalf of the elderly population in his region, helping them to maintain independence and financial security in the face of life's inevitable challenges. A leader in his field, he has served as president of the National Academy of Elder Law Attorneys' Georgia Chapter, and he helped establish and served as vice president of the Life Care Planning Law Firms Association.

    In addition, Mr. Hurley has served on the Practice Development/Practice Management committee of the National Academy of Elder Law Attorneys, and he has served as chair of the State Bar of Georgia's Elder Law Section. He has also served as vice president of the Lewy Body Dementia Association's board of directors, and he is a regular contributor to the Senior Services North Fulton Quarterly Newsletter as well as the Alzheimer’s Association's Georgia Chapter.

    In recognition for his impeccable professionalism and outstanding client service, Mr. Hurley has earned an AV Preeminent peer review rating* from Martindale-Hubbell along with many other top rankings and endorsements from his peers. He has also received Superb, 10 out of 10 client ratings on Avvo as well as numerous testimonials and referrals from those he has served.

    Mr. Hurley began his legal career in 1992 after obtaining his Juris Doctor from Georgia State University College of Law and his license to practice from the State Bar of Georgia.

    *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
    • 100%Elder Law
    Focus Areas

    Selections

    Selected to Super Lawyers for 1 yearsbottom-image

    Super Lawyers: 2021

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    About Miles Hurley

    Admitted: 1992, Georgia

    Professional Webpage: https://hurleyeclaw.com/miles-p-hurley-jd-cela/

    Honors/Awards:

    • Mr. Hurley received an AV® rating from his peers, which means that he was deemed to have very high professional ethics and preeminent legal ability. Only lawyers with the highest ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating., Martindale Hubble AV® Peer Review Rated

    Special Licenses/Certifications:

    • CELA-Certified Elder Law Attorney by the National Elder Law Foundation.  Completion of a rigorous set of standards, including exam, continuing education, peer review and completion of elder law cases, 2009

    Bar/Professional Activity:

    • Board of Directors, The Lewy Body Association (National)
    • Board Member, Estate Planning Council of North Georgia
    • Member, Founding Member and Past Board Member LCPLFA
    • President, Georgia Chapter of the National Academy of Elder Law Attorneys
    • Committee Member of the Practice Development/Practice Management, National Academy of Elder Law Attorneys, 2019
    •  Chair of the State Bar of Georgia Elder Law Section, 2018

    Pro bono/Community Service:

    • Vice president of the Board of Directors for The Lewy Body Dementia Association
    • Board Member, Atlanta Theatre To Go

    Scholarly Lectures/Writings:

    • Miles Hurley met with the North Atlanta Chapter Of The Georgia Society Of Certified Public Accountants to provide information on the financial and legal issues of caring for an aging relative., Speaker, You Don’t Know What You Don’t Know – The Importance of Being Educated Prior to a Crisis, North Atlanta Chapter Of The Georgia Society Of Certified Public Accountants, 2017
    • Contributor, Alzheimer’s Association – GA Chapter, Quarterly Newsletter; Contributor: Senior Services North Fulton Quarterly Newsletter
    • Mr. Hurley presented to over 100 social workers attending the state conference over 2 breakout sessions., Presenter, New Aging Family: Eldercare 21st Century 
and 
Ethical Dilemmas in Geriatric Care: A Case Study Approach, 30th Annual NASWGA State Conference Social Workers, Social Workers, 2018
    • Miles Hurley provided information on paying for long-term care costs at the annual ALS Association Symposium., Speaker, What is Elder Law? – How to Pay for Long-Term Care, ALS Association, 2014

    Representative Clients:

    • Medicaid planning, asset planning, estate planning focusing on helping families find, get and pay for good long term care.

    Other Outstanding Achievements:

    • Founding member & Vice President, Life Care Planning Law Firms Association
    • Member, National Academy of Elder Law Attorneys

    Videos:

    • Miles Hurley explains the VA's Aid and Attendance Benefits, Information on VA Benefits, 2014
    • Attorney Miles Hurley, JD, CELA, answers some of the most frequently asked questions regarding Nursing Home Medicaid in Georgia., Medicaid Minute, 2015
    • Miles Hurley explains elder law, All About Elder Law, 2015
    • Miles Hurley is interviewed by NAELA member Bryan Adler for the NAELA Practice Development/Practice Management Section.  This video is intended to help NAELA members learn about their practices, covering areas such as setting up an office, staffing, generating leads, working with and maintaining clients, and billing. In this interview, Miles Hurley covers: How Hurley’s personal experiences with numerous family members led him to elder law; Why he puts together a one-year contract with each client; How he emphasizes the importance of planning early with his clients; How he’s positioning himself for the future, including Hurley’s concerns about the Affordable Care Act and Medicaid block grants; and How having staff dedicated to marketing has boosted his practice., Interview Series Member Practice Spotlight On: Miles P. Hurley, CELA, NAELA, 2018

    Newsletters:

    • In our September 12th blog, we explored Mr. and Mrs. Smith’s situation: Mr. and Mrs. Smith have been married for 50 years. About six years ago, Mrs. Smith began showing signs of dementia. At first, Mr. Smith refused to acknowledge that there was any problem, but their children and church family finally convinced him to take her to a neurologist. Mrs. Smith was diagnosed with dementia, and she was able to live at home with her husband as a primary caregiver for the next 4 ½ years. Six years after her first symptoms, Mrs. Smith is no longer able to walk, dress, feed herself, or use a toilet. She requires total assistance, and Mr. Smith is no longer able to care for her on his own. She spends most of the day in her bed, and her children want their dad to get more help.  After reviewing all of their options, it seems as if a nursing home is their only viable option. Assisted living communities and personal care homes cannot offer her an apartment because she can no longer walk or transport herself (a requirement set by the state for all new admissions into personal care homes and assisted living communities). At $20/hour, private duty home care is too expensive for the number of hours Mr. and Mrs. Smith need help. Spending that money on her care would quickly deplete all of their assets, and Mrs. Smith could live another 3-5 years. This leaves nursing home care. Sure, nursing homes cost $8,000/month, but Mr. Smith has been told that his wife can get on Medicaid and that Medicaid can help pay for her nursing home care. Mr. Smith was shocked when he was told that his wife could be eligible for Medicaid. Although they have never been wealthy, Mr. and Mrs. Smith always worked decent-paying jobs and saved for retirement in their IRAs. They have one car and home that they own outright that is worth about $200,000. Their savings total about $120,000, and their IRAs combined total over $80,000. With their IRA distributions, pensions, and Social Security checks, they have about $4,400/month in income ($3,000 for him, and $1,400 for her). Mr. Smith never even considered Medicaid for them—he thought Medicaid was only for extremely poor people. Let’s analyze the requirements for nursing home Medicaid in Georgia and the Smiths’ financial situation. To get Medicaid: -The resident going into the nursing home must have less than $2,250/month of income; Mrs. Smith only makes $1,400. -A married couple must have less than $125,600; Mr. and Mrs. Smith have a $200,000 house, $120,000 in the bank, $80,000 in IRA, and a car—this puts them with assets over $400,000. Fortunately, the house, car, and IRAs are exempt from Medicaid eligibility. This means they have $120,000 in assets and are eligible for Medicaid. For the Smiths, not only are they eligible for Medicaid, but Mr. Smith will also be able to keep a portion of Mrs. Smith’s income every month. Medicaid allows the spouse still living at home to have up to $3,090 in income. Since Mr. Smith’s income is $3,000, he can keep $90/month of Mrs. Smith’s income (and then the rest of her income will go to the nursing home). The Smiths were in a very difficult situation, but their story is not uncommon. Many working-class and middle-class families that never used public benefits in the past have to rely on these safety net programs in order to pay for their long-term care needs. With costs easily exceeding $70,000, it is no wonder that so many families are looking for help anywhere they can. In many ways, Medicaid has become the long-term care insurance policy for the working and middle class. We as a country have not fully addressed the issue of how we should be paying for the long-term care needs of our disabled and frail citizens. And our legislators have condoned this approach by giving us rules to protect well spouses and to help individuals qualify for benefits after spending or transferring some of their assets., Is Medicaid Becoming the Long-Term Care Insurance for the Middle Class?, Elder Care Professionals And Georgia Families
    • So far this year, I have met with over 800 families. Each of these families came to us with different needs concerning their loved ones—estate planning, guardianship, applying for VA Benefits, paying for nursing home care, asset protection, etc., but almost all of these families had one thing in common—a strong, compassionate woman involved in their loved one’s care. More times than not, sitting across from me at the table, discussing the intimate details of their aging family member, is a wife, sister, daughter, granddaughter, or daughter-in-law. Out of 800+ families, I have met with at least 620 women caregivers. Yes, we do have husbands, sons, and brothers reaching out to our office, but the majority of the individuals meeting with us are women. This is no big surprise. Statistically, women do the majority of caregiving in the US. Almost 70% of caregivers are women. The average family caregiver is a 49-year-old working woman; she spends an average of 20 hours per week providing unpaid care to a disabled or aging loved one. In addition to emotional support and companionship, these women are providing hands-on care, care management services, transportation, and advocacy. About one-quarter of women between 45 and 64 and one in seven between ages 35 and 44 are caregivers for older relatives. Women are essentially the backbone of our long-term care system, and they are enabling almost 65% of older adults with long-term care needs to remain in their homes. The value of the informal care that women provide ranges from $148 billion to $188 billion annually. This huge job comes with costs to the caregiver. I will never get used to witnessing the stress, anxiety, and weariness that accompanies each of these family members into my office. The wives are afraid they will be financially devastated by their spouses’ care expenses, the daughters are dealing with the stress of caring for aging parents while also working full-time, and the daughters-in-law, left as the primary decision-maker for her husbands’ parents all leave an impact on me. I am both impressed by the strength, energy, and resiliency of these women and saddened by the inequity. It is no surprise to me that female caregivers have been found to have high levels of depressive and anxiety symptoms and lower life satisfaction. In addition to the emotional impacts of caregiving, most caregivers take on a financial loss after becoming a full-time caregiver. Ten percent of caregivers have to reduce their hours at work, and six percent are affected so much that they leave their job. This leaves caregivers financially insecure as they lose the ability to contribute to pensions or save for their own old age. This particularly worrisome because older women already have higher poverty rates than men. To all of our family caregivers, I see you and the work that you are doing. You are doing a great job, and this is not easy work. You put in countless hours patiently caring for your loved one, sitting by their hospital beds, touring assisted living communities, running errands, talking to doctors, organizing medications, handling family disagreements, and paying the never-ending bills. Your job is 24/7 with few breaks, and I continue to be amazed by your endless energy and abilities. I wish I could do more to change how we as a community support family caregivers. Caregiving is usually considered a family responsibility or obligation. Our health care system and government safety net programs particularly view caregiving this way. But the increasing demands on caregivers as more and more adults are reaching old, old age and requiring years of hands-on assistance is unsustainable, especially as it leaves more women caregivers vulnerable to becoming impoverished in their own old age. In 2019, Hurley Elder Care Law will be exploring this issue in depth through a new continuing education course for health care professionals: Unequal, Unprepared, and Unprotected: Women and Aging., Women and Caregiving, Elder Care Professionals And Georgia Families
    • There is a huge amount of misinformation in the community about how Medicaid works. This month’s newsletter addresses the top 5 Medicaid myths that folks call our office about. There is a huge amount of misinformation in the community about how Medicaid works. This month’s newsletter addresses the top 5 Medicaid myths that folks call our office about., Top 5 Nursing Home Medicaid Myths
    • , Georgia’s Medicaid Changes in 2018
    • Mr. Hurley talks about the fear of outliving your money, I Never Thought I Would Live to be 85
    • The Major Medicaid Mistakes
    • Miles Hurley, JD, CELA, was featured in Cobb in Focus as one of the Leaders of Cobb County in their January/February 2017 magazine., Leaders of Cobb
    • Everyone Needs an Advocate—Why I Practice Elder Law
    • Miles Hurley was quoted in the Atlanta Journal Constitution article on paying for dementia care, Planning ahead for high cost of dementia care
    • Mr. Hurley explains elder law, What is Elder Law

    Educational Background:

    • Emory University
    • University of Tennessee

    Industry Groups

    • Founding Member And Past Board Member LCPLFA; Board Of Directors
    • GA Chapter; Past President
    • Member
    • The Lewy Body Association (National); State Bar Of Georgia And Tennessee.
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    Office Location for Miles P. Hurley

    100 Galleria Parkway
    Suite 650
    Atlanta, GA 30339

    Phone: 404-843-0121

    Fax: 404-843-0129

    Miles P. Hurley:

    Last Updated: 10/23/2020

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