In 2022, the annual gift tax exclusion will increase from $15,000 to $16,000 per recipient. In 2022, the estate and…
Federal regulations require Medicaid agencies to afford individuals the opportunity to apply for Medicaid without delay. 42 CFR § 435.906.…
Sometime people assume monthly income counts toward the $2,000 resource limit. Assets (anything of value) are either income or resources. "…
The Rosalynn Carter Institute for Caregivers (RCI) and Seniorlink recently announced its winners of the 2021 Georgia Caregiver of the…
During Covid-19, nursing facilities were allowed to restrict visitation to prevent Covid's spread. A recent CMS letter to State Survey…
Many people have questions about guns and gun rights, especially as they relate to the elderly. The general answer is…
November 14 through November 20, 2021, is International Fraud Awareness Week. Georgia Attorney General Chris Carr says: Scammers are constantly…
If you've ever wondered how to celebrate your loved one's birthday or other special occasion, here's an idea - TELL…
Every year the Supplemental Security Income (SSI) benefit rate and Medicaid resource allowances are updated. For 2022, the federal benefit…
H.R. 1717, known as the Protecting Married Seniors from Impoverishment Act of 2021, and a companion bill in the Senate…
SSI amounts for 2022 The monthly maximum Federal amounts for 2022 are $841 for an eligible individual, $1,261 for an…
Parents who are looking to protect their special needs children often begin by considering how decisions will be made. Capacity…
News Sources Year-end charitable tax planning tips When Seniors are Targeted in Schemes 14 Rollover Tax Facts to Know Rosetta…
The form below was developed by the Georgia Department of Community Health and is based on Section 2342-11 of the…
What are people talking about when they say you have to "spend down" to become eligible for Medicaid? Well, it…
On Friday, November 12, 2021, at 1pm eastern, the Alzheimer's Foundation of America will host a webinar titled "New Rules…
EZ Elder Law is intended to provide helpful/useful information for (1) older adults, (2) individuals with special needs, (3) caregivers…
When someone visits an elder law attorney, he or she is often in the middle of a crisis. Sometimes the…
A new video series by the Public Broadcasting System entitled "Future of Work," explores how increased longevity and technological innovation…
The spreadsheet included below can be used to help total your countable and exempt resources when evaluating your eligibility for…
A nursing home resident's room is considered the resident's home. That's why people in nursing home are called "residents" instead…
(Last updated 8/8/2023) The central and initial issue in every guardianship and conservatorship case is whether the proposed ward has…
Information regarding health care advance directives is here. The Georgia statutory advance directive for health care is below:
Our page discussing powers or attorney, what they are, (what they are not), and how they are used is here.…
As Psychiatric Advance Directive allows an individual to designate who would make mental health decisions for the patient in the…
In Richards v. Georgia Department of Community Health, 278 Ga. 757 (2004), a class of plaintiffs sued DCH contending that…
The VA's National Center for PTSD recently announced creation of two demonstration video series to help familiarize health care professionals…
In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC…
News Sources: Covid-induced life changes leave millions of Americans worried about money IRS Continues Focus on Cryptoassets Georgia Attorney General…
Robert C. Port is a business litigation attorney practicing with Gaslowitz Frankel, LLC. He is author of Georgia Business Litigation…
Deeming Terminates After Eligibility Is Established. Four years later, the Duprees were back in Court. At the annual review on…
Which Home is the Homeplace? Pernie Dupree entered a nursing home on September 11, 2009. Prior to her admission, she had…
Pooled Trust Subaccount Established for Individual Over 65yo. An 83 year old deposited $12,320 into a pooled trust in August…
Direct Transfer to Disabled Child; Previously Unknown Resource. Applications for Medicaid were filed on November 24, 2008 and January 8,…
Annuity; Transfer Penalty for Failing to Name State as Beneficiary. Petitioner, a 95 year old nursing home resident, applied for…
Single Premium Life Insurance Contract; Penalty Reversed. On November 5, 2008, Petitioner filed an application to purchase a Single Premium…
No Retroactive Application of Policy Changes Permitted; Payments for Renovations to Accommodate Petitioner Permitted; Payments Consistent with Prior Accepted Obligation…
Personal Services Contract rejected. Petitioner was admitted to a nursing home in October 2008, where she continued to stay. At…
VA Improved Pension Not Income. Petitioner applied for Medicaid on November 4, 2008. Petitioner was the surviving spouse of a…
Direct Transfer to disabled child allowed from date ALS was diagnosed. Petitioner made transfers directly to a disabled child with…
Increase CSRA in Superior Court, followed by Application and Fair Hearing. After admission to a nursing home, but prior to…
Transfer penalty cannot be imposed where transfer was exclusively for purpose other than to qualify for Medicaid. Petitioner was admitted…
The Limit is the Limit, Part 3. Petitioner was originally admitted to Ridgewood Manor, a nursing home in Dalton, and…
Use of Burial Funds for Care Results in them Being Treated as Income. In a one page decision, the ALJ…
Penalty Affirmed After Life Estate Conveyed; Hardship Waiver Unavailable Because No Legal Action was Taken to Recover Property. Petitioner, a…
Transfer Penalty Reversed Where Care Services Were Provided Under Agreement. Petitioner was discharged from a nursing home to home in…
Cash Value of Life Insurance Cannot Be Designated as Burial Fund. Denial of eligibility was affirmed where Petitioner had a…
When Determining Value, Equity Value is CMV Minus mortgages and Liens. Petition created a revocable living trust in 2006. In…
No QIT, No Medicaid if Income Exceeds Cap, Part 2. Petitioner entered a nursing home in June 2008 and filed…
Life Insurance Snafu. Petitioner and Respondent stipulated facts in this case. Petitioner applied for nursing home Medicaid in March 2008.…