The Law Office of Keith R. Miles, LLC

12/23/2025

Why an Elder Law Attorney

Elder law addresses what happens while you are still alive.

As families age, the greatest risks are not probate or inheritance issues. The greatest risks are long-term care costs, loss of benefits, incapacity, exploitation, and government eligibility rules that can quietly erase a lifetime of savings.

An elder law attorney is trained to operate at the intersection of:
• Medicaid eligibility and asset-protection rules
• Long-term care and housing transitions
• Incapacity planning and fiduciary authority
• Financial exploitation, undue influence, and crisis intervention
• Coordination of legal, financial, and benefit systems over time

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09/26/2025

Very often, the answering service gets a bunch of similar questions during the week from prospective clients. I wanted to address some of them here.

To deliver our level of service, our process is structured and consistent:

1. Every client relationship begins with a mandatory consultation with one of our attorneys. This is the essential first step, and the only way we provide legal guidance.

2. Referral clients follow the same process. Whether you found us directly or through a trusted source, the experience is the same for every family.

3. The firm does not provide preliminary calls for questions before deciding to schedule. All questions and concerns are only addressed during the mandatory consultation, when the attorney can provide meaningful, accurate guidance.

4. All consultations are paid. We do not offer free consultations. Every client must invest in this meeting, ensuring commitment and appreciation of dedicated, professional advice from the outset.

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07/23/2025

The One Big Beautiful Bill Act, signed into law on July 4, 2025, includes several provisions that will directly affect the practice of elder and special needs law. NAELA’s advocacy team has prepared a timeline outlining when key changes will take effect — now through October 2028 — so you can stay informed and ready to adjust your planning strategies as needed.

07/21/2025

Medicaid Asset Protection Trust (MAPT) – Document Summary

1. Medicaid Asset Protection Trust (MAPT) Agreement

This is the foundational irrevocable trust document used to shelter assets from Medicaid’s spend-down requirements. It names the Grantor, Trustee(s), and Beneficiaries and outlines the terms under which income may be distributed (if allowed), while protecting the principal. The trust is typically structured to:
• Protect assets while the Grantor is living
• Allow a trusted third party to manage the trust
• Distribute assets to heirs after the Grantor’s death without going through probate
• Ensure compliance with Medicaid eligibility rules

Purpose: Legally shields certain assets from long-term care spend-down while preserving a family legacy.

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Ancillary Trust Documents

2. Certificate of Trust (or Abstract of Trust)

A shortened version of the full trust agreement used to confirm the existence of the trust and name the trustees, without revealing sensitive financial or distribution terms.

Purpose: Allows the Trustee to act on behalf of the trust with financial institutions or third parties without providing the entire trust document.

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3. Deed to Transfer Real Property into the Trust

A state-specific deed (e.g., warranty deed, quitclaim deed) that retitles real estate into the name of the trust.

Purpose: Initiates Medicaid’s 5-year look-back and protects real estate assets by placing them in the trust.

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4. Assignment of Personal Property

A general transfer document that assigns ownership of untitled personal property (household goods, art, jewelry, etc.) into the MAPT.

Purpose: Ensures that tangible personal property is protected under the trust’s terms.

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5. Personal Property Memorandum

A separate writing that lists specific items of personal property and names who should receive them. Referenced by the trust or Pour-Over Will.

Purpose: Allows flexible distribution of sentimental or tangible items without formally amending the trust.

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6. Trust Funding Instructions

A customized checklist or guide for the client explaining which assets should be retitled into the trust, how to complete the transfers, and which assets (e.g., IRAs) should not be transferred.

Purpose: Helps ensure the trust is properly funded so that the intended asset protection is actually achieved.

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7. Affidavit of Trust (State-Specific)

In some jurisdictions, an attested summary of the trust is required for real estate or financial transactions. This affidavit affirms trustee powers without revealing the full trust terms.

Purpose: Confirms the trust’s authority in a format recognized by local law, particularly in title or funding situations.

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8. Pour-Over Will

A companion document that works with the trust. It names an executor, appoints guardians (if needed), and directs that any assets left outside of the trust at death be “poured over” into the MAPT.

Purpose: Acts as a safety net to ensure that forgotten or unfunded assets are ultimately transferred to the trust and handled according to its terms—while still going through probate.

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05/23/2025

05/23/2025

05/12/2025

https://www.linkedin.com/posts/atlanta-bar-association_elderlaw-atlbarevents-lawyerswhoserve-activity-7327810631716282370-3KtO?utm_medium=ios_app&rcm=ACoAAABvRggBqVls8Z_rIFkGdPcS2QrMmf9bQdQ&utm_source=social_share_send&utm_campaign=copy_link

We are pleased to announce and congratulate our new Elder Law Section Leaders! Introducing the 2025-2026 Chair Shannon Pawley, J.D., LL.M (The Estate & Asset Protection Law Firm), Vice-Chair Smith (SR Law Group), Secretary Jasmine Riddick (J Riddick Law, LLC), and Treasurer Keith R. Mile...

05/10/2025

Litigation and Administrative Advocacy including will contests, contested capacity issues, elder abuse (including financial or consumer fraud), fiduciary administration, public benefits, nursing home torts

James, a 79-year-old retired veteran in Georgia, noticed unusual withdrawals and charges on his bank account. After some investigation, James discovered that his caregiver, whom he trusted deeply, had been accessing his funds without permission. Unsure of how to recover his money and protect himself, James reaches out to us for help with financial elder abuse advocacy.

Here’s how we can fight to protect James:
1. Investigating the Issue: We work with James to review his financial records and identify unauthorized transactions. We document the financial abuse and gathered evidence, including bank statements and receipts.
2. Reporting the Abuse: We assist James in reporting the caregiver’s actions to Georgia Adult Protective Services (APS), ensuring the abuse was documented and investigated promptly.
3. Freezing and Protecting Assets: To prevent further losses, we help James notify his bank and credit card companies, freeze his accounts, and set up safeguards such as alerts for large transactions.
4. Legal Action: We refer the matter to trusted litigation firm to file a civil lawsuit against the caregiver to recover the stolen funds. Our litigation partners work diligently to ensure James’s rights are upheld and that the caregiver is held accountable for their actions.
5. Involving Law Enforcement: We collaborate with local law enforcement to pursue criminal charges against the caregiver under Georgia’s elder abuse laws, ensuring they face appropriate consequences.
6. Future Protection: We help James set up additional safeguards, including appointing a trusted financial power of attorney and utilizing a professional fiduciary service to oversee his accounts.

Thanks to our advocacy, James recovers the majority of his stolen funds, and the caregiver is prosecuted for financial elder abuse. Most importantly, James regains peace of mind knowing that his assets are secure and that he has a team to protect him.

If you or a loved one have experienced financial abuse, our office can provide the legal advocacy and guidance you need to recover your assets and safeguard your future.

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The Law Office of Keith R. Miles, LLC practices Elder Law, which consist of 12 areas as defined by the National Elder Law Foundation. For each area, the firm will provide examples of how it can potentially apply to the lives of you and your loved ones.

In 2023, Attorney Keith R. Miles was Certified as an Elder Law Attorney (“CELA”) by the National Elder Law Foundation. The National Elder Law Foundation (NELF) is the only national organization accredited by the American Bar Association (ABA) to certify practitioners of elder and special needs law.

There are slightly over 500 CELAs across the entire country.

Please visit our website and “Book An Appointment”
www.EstatePlanEsq.com

05/10/2025

Counseling with regard to age and/or disability discrimination in employment, housing and related areas.

Charles, a 67-year-old accountant in Georgia, has been employed at the same firm for over 25 years. Despite his consistent performance, Charles began noticing that he was being assigned fewer projects and excluded from important meetings. When his younger colleagues were promoted over him without explanation, Charles suspected age discrimination. Unsure of how to proceed, he turns to us for guidance.

Here’s how we might help Charles:
1. Understanding His Rights: We explain to Charles his rights under federal laws like the Age Discrimination in Employment Act (ADEA) and Georgia state laws, which prohibit workplace discrimination based on age or disability.
2. Documenting Discrimination: We advise Charles to keep a detailed record of incidents, including dates, specific actions, and witnesses. This documentation would be critical if he needs to pursue a formal complaint.
3. Evaluating Employer Policies: We review Charles’s employee handbook and workplace policies to determine if his employer has internal procedures for addressing discrimination.
4. Addressing the Issue Informally: Before escalating the situation, we help Charles draft a professional letter outlining his concerns and requesting a meeting with HR to resolve the matter amicably.
5. Filing a Complaint: if the informal approach didn’t yield results, we guide Charles through filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) and Georgia’s Commission on Equal Opportunity.
6. Considering Legal Action: We connect Charles with an employment law attorney to explore his options for filing a lawsuit if the discrimination continued.
7. Exploring Career Alternatives: To protect Charles’s financial stability, we also help him explore early retirement options and evaluate opportunities for consulting work in his field, should he choose to leave the company.

Through our guidance, Charles feels empowered to stand up for his rights and navigate the challenges of age discrimination with confidence.

If you or someone you love is experiencing age or disability discrimination in the workplace, our office can provide the support and advocacy needed to protect your rights and your career.

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The Law Office of Keith R. Miles, LLC practices Elder Law, which consist of 12 areas as defined by the National Elder Law Foundation. For each area, the firm will provide examples of how it can potentially apply to the lives of you and your loved ones.

In 2023, Attorney Keith R. Miles was Certified as an Elder Law Attorney (“CELA”) by the National Elder Law Foundation. The National Elder Law Foundation (NELF) is the only national organization accredited by the American Bar Association (ABA) to certify practitioners of elder and special needs law.

There are slightly over 500 CELAs across the entire country.

Please visit our website and “Book An Appointment”
www.EstatePlanEsq.com

10/08/2024

Facing Financial Ruin as Costs Soar for Elder Care

The United States has no coherent system for providing long-term care, leading many who are aging to struggle to stay independent or to rely on a patchwork of solutions.

https://www.nytimes.com/2023/11/14/health/long-term-care-facilities-costs.html

https://keithrmiles.lawbrokr.com/

The United States has no coherent system for providing long-term care, leading many who are aging to struggle to stay independent or to rely on a patchwork of solutions.

10/08/2024

How to Pay for a Nursing Home With No Money

https://health.usnews.com/senior-care/articles/how-to-afford-a-nursing-home-on-a-budget

https://keithrmiles.lawbrokr.com/

For those with a limited budget for nursing home care, learn what to do and where to get the assistance you require.