Beloved Georgia Special Needs Attorney Mark Biernath Dies at 52

Beloved Georgia Special Needs Attorney Mark Biernath Dies at 52We were deeply saddened to learn of the passing of longtime Georgia ASNP member attorney Mark Biernath, who succumbed to pancreatic cancer on January 31, 2021.  He was 52.  

Biernath’s law partner Heather Nadler said in an email message to his many friends, clients and colleagues that he contended with his disease “in his usual upbeat and humorous fashion, continuing to bring smiles and joy to those around him.”

A graduate of theological seminary and an ordained minister, Biernath began his working life in the family industrial tooling business while going to the Georgia State University College of Law at night.  After graduation he started his own practice, focusing on special needs law.  When he merged his practice with Nadler’s in 2014, together they formed one of the largest law firms in Georgia solely focused on special needs and elder law, Nadler Biernath LLC.  (Biernath joined ASNP that year and the firm is a dual ASNP/ELA member.)

By all accounts, Biernath’s greatest love, apart from his family, was advocating for his clients. In her email message, Nadler remembered him as an “accomplished attorney and an encyclopedia on all things relating to special needs law.”  But, she noted, “it was his gentle manner and empathy that made him unparalleled in his field. . . Mark’s guidance and advocacy has steadied innumerable families through the years.”

Biernath’s empathy even changed the practices of the local probate court, as Nadler recalled in her remarks at Biernath’s memorial service.

Nadler said that Cobb County probate judge Kelli Wolk -- before whom Biernath appeared for numerous guardianship hearings -- concludes every hearing by asking the parents, “What’s your favorite thing about your child?”  What Nadler didn’t know until after Biernath’s passing was that Judge Wolk had adopted that practice from Biernath.

After recounting all the child’s limitations at a hearing, Biernath never liked to close on a negative note.  “True to form,” Nadler said at the memorial, “Mark is the one who would always be sure to end things on a high note by giving parents the opportunity to share the blessing that is their child.  Now, Judge Wolk does that for every guardianship hearing in Cobb County.”

As Judge Wolk told Nadler, “My friendship with Mark is something I get to pass along every time I ask a parent ‘What’s your favorite thing about the child?’ It pays me back every time they light up with pride and happiness, saying, ‘It’s their joy’.”

Biernath is survived by his wife Delia (Deedee) Eubanks Biernath, his daughter Kelsey Elizabeth Biernath, his mother Hannelore B. Biernath, and his brother Rolf W. Biernath. He was preceded in death by his first wife Krista R. Biernath and father Horst F. Biernath.

in lieu of flowers, Biernath asked that those wishing to honor him do so by making contributions to FOCUS (Families of Children Under Stress) at www.focus-ga.org.

Biernath’s obituary, which includes a link to the memorial service, can be found at: https://www.dignitymemorial.com/obituaries/roswell-ga/mark-biernath-10033102