Gaines Brake

Gaines focuses his practice in the health care sector, counseling clients regarding regulatory, compliance, certificate of need, Medicaid and Medicare, and HIPAA issues. In addition to his health care focus, Gaines serves as Co-Chair of the firm's Elder Care Team, working closely with clients across the firm’s practice groups to advise on elder care issues affecting families and businesses.

Prior to joining Maynard Cooper, Gaines served as the Interim Director of the Elder Law Clinic at the University of Alabama School of Law. Gaines also worked as an attorney with the Alabama Disabilities Advocacy Program, representing children with disabilities seeking 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 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.

Affiliations

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

Civic Involvement

• Chair, Alabama Supreme Court Commission on Adult Guardianships and Conservatorships
• Vice President, Alabama Center for Adult Guardianships and Conservatorships
• Drafting Committee for Alabama Uniform Guardianship, Conservatorships and Other Protective Arrangements Act
• West Alabama Long Term Care Ombudsman Advisory Council
• Habitat for Humanity of Tuscaloosa Board of Directors, 2011 - 2016
• Board of the Friends of Alabama Public Radio, 2009 - 2014

• Hugh Lee, Jennifer Marshall Roden and Gaines Brake, Alabama Elder Law, 2021-2022 ed. (Alabama Practice Series), Thomson Reuters.
• Hugh Lee, Jennifer Marshall Roden and Gaines Brake, Alabama Elder Law, 2020-2021 ed. (Alabama Practice Series), Thomson Reuters.
• Hugh Lee, Jennifer Marshall Roden and Gaines Brake, Alabama Elder Law, 2019-2020 ed. (Alabama Practice Series), Thomson Reuters.
• Hugh Lee, Jennifer Marshall Roden and Gaines Brake, Alabama Elder Law, 2018-2019 ed. (Alabama Practice Series), Thomson Reuters.
• Hugh Lee, Jennifer Marshall Roden and Gaines Brake, Alabama Elder Law, 2017-2018 ed. (Alabama Practice Series), Thomson Reuters.
• Forensic Geropsychology: Practice Essentials Chapter 7 Co-Author: "Assessment and Restoration of Competency to be Executed: Issues Related to Dementia and Cognitive Disability," American Psychological Association, 2018.

• April 8, 2022: “Proposed Alabama Uniform Guardianship, Conservatorship and Other Protective Arrangements Act and Supported Decision Making,” presentation with John Craft, Clinical Associate Professor of Law and Director of Elder Law Clinic, Faulkner University Jones School of Law, at the annual meeting of Alabama State Bar Elder Law Section
• November 2, 2021: “Navigating Guardianships and Conservatorships: Fundamentals of Guardianships & Conservatorships,” webinar sponsored by AARP Alabama
• December 10, 2020: “Elder Law Update,” Banking Law CLE sponsored by Maynard Cooper & Gale for Regions Bank Legal Department
• August 22, 2020: Virtual Caregiver Conference Panel Discussion, sponsored by First Presbyterian Church Tuscaloosa, Alabama.
• August 11, 2020: “Long Term Care Planning and Medicaid Basics,” virtual presentation sponsored by Entrepreneurs’ Organization of Birmingham, Alabama.
• April 29, 2020: “COVID-19 Healthcare Regulatory Roundup,” webinar sponsored by CLE Alabama
• September 20, 2019: “Keeping the Peace,” sponsored by the Community Engagement Workgroup of the Tuscaloosa Area Care Coordination Coalition
• 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 1, 2017: "Medicaid Long Term Care Basics (And a Look to the Future)," West Alabama Gerontological Association, Morning Pointe of Tuscaloosa (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
• April 24, 2017: "Health Care Decision-Making," DCH Golden Years Program (Tuscaloosa, AL)