Gaines Brake
Of Counsel
PROFILE
AFFILIATIONS
SPEAKING ENGAGEMENTS

Gaines’s Profile

Gaines is Of Counsel in the Health Care Practice at Maynard Cooper and serves as Co-Chair of the firm’s Elder Care team.

He focuses his practice in the health care sector, counseling clients regarding regulatory, compliance, Medicaid and Medicare and HIPAA issues. In particular, Gaines advises health care providers facing the challenges and complexities of elder care law as they relate to health care services. In addition to his health care focus, Gaines works closely with clients in the firm’s Estate Planning and Senior Living practice groups to advise on legal issues involving elder care.

Prior to joining Maynard Cooper, Gaines served as the Interim Director of the Elder Law Clinic at the University of Alabama School of Law where he taught the Elder Law Clinic. He also directed a pilot medical-legal partnership project for the elderly at a rural hospital located in Carrollton, AL, under a state grant in partnership with the University of Alabama College of Community Health Sciences. In addition, Gaines also worked as an attorney with the Alabama Disabilities Advocacy Program, representing children with disabilities concerning the provision of special education and related services. Before entering the public interest field, Gaines was in private practice for six years with a firm in Tuscaloosa, AL, where his practice was concentrated in the areas of litigation, estate planning, probate and general practice matters.

Gaines received his J.D. from the University of Alabama School of Law, where he served as Managing Editor of the Journal of the Legal Profession. He earned his B.A., cum laude, Phi Beta Kappa, from Birmingham-Southern College, and his M.M. degree from the University of Alabama.

Gaines’s Affiliations & Civic Involvement

Affiliations

  • National Association of Elder Law Attorneys
  • American Bar Association
  • Alabama State Bar Association, 2018 Leadership Forum Class
  • Tuscaloosa County Bar Association
  • American Health Lawyers Association

Civic Involvement

  • West Alabama Long Term Care Ombudsman Advisory Council
  • Habitat for Humanity of Tuscaloosa Board of Directors, 2011 – 2016, Executive Committee
  • Board of the Friends of Alabama Public Radio, 2009 – 2014, Executive Committee
  • Advance Directive Task Force with faculty and students of the University of Alabama College of Community Health Sciences, 2016
  • Guest speaker, Leadership Development Through Service, University of Alabama College of Human Environmental Sciences, 2011 – 2015
  • Guest speaker, The Business of Non-profits, University of Alabama Honors College, 2011 – 2015
  • Frequent Guest speaker, community, church and civic organizations, addressing topics of interest in estate and healthcare planning

Gaines’s Speaking Engagements

  • June 11, 2018: “Banking and Financial Abuse or Exploitation of Elders and Reporting Training,” co-presentation with Diane Dunning, Assistant Attorney General, Alabama Department of Human Resources; sponsored by the Marshall County Department of Human Resources, Adult Protection Services
  • June 7, 2018: Moderator, “Guardianships and Conservatorships: Free Public Town Hall Meeting for Individuals and Caregivers,” sponsored by Alabama WINGS, Shelby County Development Services (Pelham, AL)
  • March 6, 2018: “Enable Your Future: The Basics of Special Needs Trusts for Individuals with Disabilities,” Alabama Disability Conference (Montgomery, AL)
  • November 29, 2017: “Combating Elder Financial Abuse, Recent Developments in Financial Services Law,” Regions Bank Lunch & Learn (Birmingham, AL)
  • November 3, 2017: “Legal Issues in End of Life Care: Recent Developments in the Law,” Hospice of West Alabama 9th Annual Community End of Life Forum
  • November 1, 2017: “Medicaid Long Term Care Basics (And a Look to the Future),” West Alabama Gerontological Association, Morning Pointe of Tuscaloosa (Tuscaloosa, AL)
  • September 21, 2017: “Caregiver Decision-Making for Long Term Care Residents: Legal Mechanisms, Recent Developments, and Risk Mitigation Strategies,” 2017 Area Agency on Aging of West Alabama Long term Care Seminar
  • August 7, 2017: “Are you making decisions for yourself or others? What are your rights and responsibilities?” Morning Pointe of Tuscaloosa Summer Speaker Series (Tuscaloosa, AL)
  • June 27, 2017: “The Prosecution of Those who Commit Elder Abuse,” West Alabama Area Agency on Aging’s “Learn How to Detect, Prevent & Report Elder Abuse” Seminar
  • May 15, 2017: “The Who, What, When & How of Advance Planning,” Raising Up your Parents Conference, hosted by the West Alabama Transition Care Home (WATCH) Coalition
  • April 24, 2017: “Health Care Decision-Making,” DCH Golden Years Program (Tuscaloosa, AL)
  • March 27, 2017: Screening of short film Do You Know Me Now? followed by panel discussion with creator Daniel C. Potts, M.D., Morning Pointe of Tuscaloosa (Tuscaloosa, AL)
CONTACT
T 205.254.1113
vCard
Assistant
Sheri Sharich
BAR ADMISSIONS
State Bar:Alabama
U.S. District Court:Alabama(Northern, Middle, Southern)
EDUCATION
University of Alabama School of Law (2006, J.D.)
University of Alabama School of Music (2000, M.M. in Music)
Birmingham-Southern College (1998, B.A. in Music, Minor in German)
Blog
Congress Passes Long-Anticipated Elder Exploitation Law: Important Implications for Financial Institutions
According to the U.S. Government Accountability Office, elder financial abuse and fraud costs older Americans $2.9 billion annually. This abuse ranges from scam emails and phone calls to loved ones pressuring elders into financial transactions they w...
Publication
Thomson Reuters’ Alabama Elder Law, 2017-2018 ed. (Alabama Practice Series) by Hugh Lee, Jennifer Marshall Roden and Gaines Brake
Publication
Forensic Geropsychology: Practice Essentials Chapter 7 Co-Author: "Assessment and Restoration of Competency to Be Executed: Issues Related to Dementia and Cognitive Disability"
Publication
Reporting Elder Financial Exploitation in Alabama: When is it Safe to Blow the Whistle?