Bank records discoverable in Power of Attorney Dispute

4 years ago

In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his…

News Roundup – 3/25/2022

4 years ago

March is Developmental Disability Awareness Month. March is also National Kidney Month. We regularly post links to news articles and…

State seeks to impose lien on inheritance

4 years ago

In Cavanaugh v. Geballe (2nd. Cir. 3/17/2022), Cavanaugh, a Connecticut resident, was covered by an Affordable Care Act insurance policy.…

News Roundup – 3/18/2022

4 years ago

March is Developmental Disability Awareness Month. March is also National Kidney Month. We regularly post links to news articles and…

Declaratory Judgment Vacated Because It Would Have No Immediate Effect on the Parties’ Conduct

4 years ago

On March 15, 2022, the Georgia Court of Appeals decided Willis v. Cheeley, 363 Ga. App. 341 (2022). There, a…

Form: Simple Last Will and Testament

4 years ago

Although we do NOT recommend that you prepare your own Will, an example of a form published by the Southern Judicial…

News Roundup – 3/11/2022

4 years ago

March is Developmental Disability Awareness Month. March is also National Kidney Month. We regularly post links to news articles and…

Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

4 years ago

In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon's Medicaid…

Frivolous Objection to Will Triggers Attorney’s Fees

4 years ago

On March 4, 2022, the Georgia Court of Appeals decided In re Estate of Elinor J. Ferrell (A21A1361). There, Alvin…

Medicare must cover off-label use of prescription drug says 11th Circuit

4 years ago

Donald Dobson has Medicare. He also has intractable and severe nausea and vomiting, which interfere with his ability to function…

Unauthorized Practice of Law

4 years ago

Every person has a constitutional right to represent himself or herself. However, the right to represent someone else is regulated.…

Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

4 years ago

In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a…

Arbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competency

4 years ago

In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court's determination that…

Testamentary Gift Adeemed by Extinction

4 years ago

In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate…

Irrevocable Trust was not an available resource when determining Medicaid eligibility

4 years ago

In Geyen v. Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen's application for Medicaid was…

Medicaid Annuity Cases on Appeal in Massachusetts

4 years ago

In American National Life Insurance Company v. Breslouf (Mass. Super. 6/3/2021), a Community Spouse named Julius Breslouf purchased a Medicaid…

Probate Court had jurisdiction to construe consent order in the context of Petition to Settle Accounts

4 years ago

On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There,…

Conviction of Caregiver for Elder Exploitation Affirmed

4 years ago

On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell's conviction for elder exploitation. She was originally indicted…

Presumptive Eligibility Medical Assistance Federal Poverty Levels for 2022

4 years ago

The Georgia Department of Community Health recently announced the 2022 Presumptive Eligibility Medical Assistance Federal Poverty Levels. These new income…

Laughing Heirs

4 years ago

Poor estate planning (or no planning) can result in unexpected and unintended results. All States have a law similar to…

Presumption of Validity Applies When Witnesses to Will Do Not Remember

4 years ago

In In Re Estate of McClendon, 359 Ga. App. 259 (2021), decedent David McLendon's Will was offered for probate by…

Summary Judgment Reversed Where Probate Petitioner Offered Contradictory Evidence

4 years ago

In In re Estate of Curvan, 362 Ga. App. 665 (2022), Sharon Lavant offered a July 31, 2019 Will of…

Don’t Forge Signatures – Just Don’t

4 years ago

In The Matter of Jerry Boykin (Ga. S22Y0563 2/15/2022), attorney Jerry Bokin had been on disability status since 2018 and…

Offering a Lost Will for Probate

4 years ago

In Georgia, the original Will must be offered for probate if it is available. If the original Will is lost,…

Podcast on Nursing Home Neglect: Preventing It and Getting Help

4 years ago

On February 10, 2022, the National Consumer Voice for Quality Long-Term Care posted a podcast titled Nursing Home Neglect: Preventing…

Court rejects argument that applicants have enforceable right to services not yet offered

4 years ago

In Moore v. Noogle, (N.D. GA Case No. 1:19-CV-3296-TWT, 1/24/2022), the Court heard from James Moore and John Panuska, both…

Medicaid Terms and Definitions

4 years ago

Aged, blind, or disabled individual means an individual who— (A) is 65 years of age or older, is blind (as…

Medicare’s Benefit Period and Spell of Illness Rule

4 years ago

Medicare covers treatment that is medically reasonable and necessary during a benefit period. Medicare beneficiaries are entitled to 90 days…

News Roundup – 1-31-2022

4 years ago

General News Sources: Justice Stephen Breyer announces Retirement What Assets Should Be Included in Your Trust? Facebook parent Meta creates…

Information About Criminals, Inmates and Sex Offenders

4 years ago

The last thing you want is someone in your home that you can't trust. You might want to run a…

Nursing Home Food

4 years ago

Federal regulations (42 C.F.R. § 483.60) provides that each resident receives and the facility must provide: Food prepared by methods…

Role of a Treating Physician for Long-Term Care Residents

4 years ago

Residents in long-term care facilities have the right to choose their treating physician. This right is supported in federal and…

Probate Court did not err appointing County Administrator to Administer Will Rather than Named Executor

4 years ago

In Estate of Jeffcoat, 361 Ga. App. 828 (2021), Eleisha Pate filed a Petition to Probate the Will of Rhonda…

Jury Question Remained Where Testator and Witnesses Initialed Each Page But Original Attestation Page was Missing

4 years ago

In Wilbur v. Floyd, 353 Ga. App. 864 (2020), Jeffrey Wilbur, on behalf of himself and as the executor of…

Tennessee Trust Code Revised

4 years ago

Tennessee recently enacted 2021 Tenn. Pub. Acts. 420 (shown below) in an attempt to help Tennessee become a top trust…

Certified Elder Law Attorneys in Florida

4 years ago

(Current as of January 25, 2022) Attorneys are certified as Certified Elder Law Attorneys by the National Elder Law Foundation. NELF…

Administrative Law: Who Decides What the Law Means?

4 years ago

In 1984, the U.S. Supreme Court decided Chevron v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron concerned…

2 New Podcasts from Hamilton Medical Center

4 years ago

Hamilton Medical Center annouced two new podcasts that may be helpful. Dr. Hector Dourron, a board-certified vascular surgeon at Hamilton…

Exemplar Discovery in Contested Petition for Year’s Support

4 years ago

O.C.G.A. § 53-3-5 allows a surviving spouse or minor child to file a claim for Year's Support. Although there are…

Gift Tax Planning

4 years ago

A recent Forbes article by Matthew Erskine, 2022 Transfer Tax Update, suggests that now is the time to make gifts…

Gross Income Used to Determine Whether Qualified Income Trust is Necessary (Ohio)

4 years ago

In Merritt v. Ohio Department of Job and Family Services, Case No. CA2021-04-044 (12/27/2021), Jerome Merrit applied for Ohio nursing…

Form: Guardian’s Personal Status Report

4 years ago

Guardians must file a personal status report within sixty (60) days after appointment, and then annually, reporting the ward's location,…

Form: Conservator’s Annual Return (or Final Return)

4 years ago

Initially, a conservator must file an inventory and asset management plan within 60 days after appointment. Each year a conservator…

Form: Petition to Appoint Successor Executor

4 years ago

Sometimes the original executor can no longer serve. The following form may be used to petition the Probate Court for…