Burial Resources and Life Insurance

3 years ago

The SSI rules are a good beginning point because Medicaid cannot impose rules more restrictive than the SSI rules. SSI…

Federal Holidays

3 years ago

The Office of Personnel Management maintains a page listing all federal holidays. If the holiday falls on a Saturday, then…

Wednesday Morning Walk, May 31, 2023

3 years ago

On Wednesday, May 23, Allen Byers brought us a message out of Mark, Chapter 2. There, Jesus was teaching in…

Approving Settlements for Minors

3 years ago

In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3,…

IRS Tax Tip 2023-75 – Notices CP2100 and 2100A

3 years ago

On June 1, 2023, the IRS issued Tax Tip 2023-75. There, the IRS explained: When banks, credit unions, businesses and…

Medicare Open Enrollment

3 years ago

Medicare Open Enrollment takes place each year between October 15th and December 7th. During the Open Enrollment period, you can…

Standing in Medicaid and Other Cases

3 years ago

"In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which…

No Right to Fair Hearing Unless You Complain About Something

3 years ago

In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial…

Employees versus Independent Contractors

3 years ago

Many families get this issue confused, but it's serious business for the IRS. In Cardiovascular Center, LLC v. Commissioner of…

Transfer to Trust Subject to Medicaid Transfer Penalty

3 years ago

In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the…

Wednesday Morning Walk, May 17, 2023

3 years ago

On Wednesday, May 17, 2023, Allen Byers spoke from Matthew, Chapter 8, about Jesus and the Centurion. This story comes…

Selected Georgia Medicaid Decisions

3 years ago

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point.…

Callinan Letter to Kryglik – Cash Loans Must Be Legally Valid Under State Law

3 years ago

July 18, 2011 Paul A. Kryglik, Director Office of Regulations Social Security Administration 6401 Security Blvd Baltimore, MD 21235 Re:…

Exploring the World from a Wheelchair

3 years ago

I recently met with Mr. David McGuffey at his office in Dalton, GA to make my blog, Curb Free with…

Wednesday Morning Walks

3 years ago

Last updated 8/6/2025 Almost every Wednesday morning, Allen Byers shares God's Word with a group of believers. These messages are…

CMS Oversight of Nursing Home Staffing Levels

3 years ago

Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500…

You Are Enough

3 years ago

Caregiving is hard. Being a parent is hard. Being a child is hard. And sometimes you might feel like you're…

VA Updates Adjudication Procedures Manual to Allow Payment of Claims Where Appointment of Fiduciary was Pending at Tome of Death

3 years ago

During the week of May 1, 2023, the VA updated its Adjudication Procedures Manual to clarify that a claim in…

2023 Georgia Medicaid Penalty Divisor Increases

3 years ago

On May 4, 2023, the Department of Community Health announced the new state-wide average nursing facility private pay rate increased…

Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

3 years ago

When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner)…

State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

3 years ago

In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency…

IRS Notice 2023-30 – Safe Harbor Deed Language in Conservation Easements

3 years ago

IRS Notice 2023-30 set forth the safe harbor language for extinguishment and boundary line adjustment clauses required by y §…

Why performance is not a good indicator when selecting a financial advisor

3 years ago

David E. Hultstrom, President of Financial Architects, recently explained why past-performance is not a great way to evaluate financial advisors.…

Excel File Was Evidence of Advancement

3 years ago

Gregory Hall created a trust for his children. He also made gifts to his children prior to his death, including…

VA Announces Legal and Financial Planning Services are Now Available for Family Caregivers

3 years ago

On April 25, 2023, the VA issued the following announcement: The Caregiver Support Program (CSP) is introducing a new nationwide…

Biden Whitehouse Issues Executive Order to Increase Access to Care and to Support Caregivers

3 years ago

On April 18, 2023, the Biden Whitehouse issued an Executive Order on Increasing Access to High-Quality Care and Supporting Caregivers.…

Failure to Admit Evaluator’s Report Required Reversal of Conservatorship Order

3 years ago

Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition…

Are Pooled Special Needs Trusts Subject to SEC Regulation?

3 years ago

On March 24, 2023, the United States District Court for the Middle District of Florida ruled in Securities and Exchange…

What’s Constitutes a Completed Gift? Walsh v. Bowen (Ga. App. 2023)

3 years ago

In Walsh v. Bowen (Ga. App. 2023), the Court considered whether an inter vivos gift to a 529 account was…

Understanding Trusts: Keeping it EZ

3 years ago

An easy way to think about trusts is to consider the example of a delivery truck. A delivery truck driver…

Medicaid Fundamentals – Rights Are Not Changed

3 years ago

One of the most fundamental, but often overlooked issues when planning for - or evaluating - Medicaid eligibility is this:…

VA posts regarding its Comprehensive Assistance for Family Caregivers

3 years ago

On April 5, 2023, the VA posted (presumably to remind everyone) regarding its comprensive assistance for family caregivers. The VA…

Requirements for Execution of Will in Georgia

3 years ago

The Will must be signed by the testator Under O.C.G.A. § 53-4-20, the testator (who must be at least 14…

VA Aid & Attendance Benefit Rates for 2023

3 years ago

The new Aid and Attendance enhanced pension rates for 2023 are: Surviving Spouse $1,432 Monthly / $17,184 per year Single…

Right to Access Burial Plot

3 years ago

In Knick v. Township of Scott, Mary Knick owned 90 acres of land in Scott Township, Pennsylvania. She lived in…

Freeze Your Credit: One Tool to Minimize Identity Theft

3 years ago

Other than using extreme diligence, there is no way to completely avoid identity theft. However, freezing your credit is a…

The Plaintiff’s Injury Case

3 years ago

There are many types of "Plaintiff's cases." This article focuses on injury cases. Injury cases can be as simple as…

2022 Resource Map for Older Tennesseans

3 years ago

Public Chapter 548 (2018), codified in Tenn. Code Ann. § 71-2-115, required the development of a resource map of all…

2023 Georgia Medicaid Eligibility

3 years ago

Each year, most Medicaid eligibility limits are adjusted for inflation. The 2023 Georgia Medicaid income and resource limits are: SSI…

Should You Buy Long-Term Care Insurance

3 years ago

Like all insurance, long-term care insurance policies are designed to cover risk. With these policies, the risk is that you…

Romance Scams

3 years ago

On February 13, 2023, Georgia Attorney General Carr warned Georgians to avoid romance scams this Valentine's season. Carr's press release…

Green Cards Redesigned

3 years ago

On January 30, 2023, the U.S. Citizenship and Immigration Service (USCIS) announced new designs to improve security of Permanent Resident…

IRS Announces Saturday Hours for Taxpayer Assistance

3 years ago

The IRS announced its commitment to providing meaningful service and assistance to meet taxpayers' needs. In February, March, April, and…

Ruminations on Care and Care Planning

3 years ago

At this point, there are many companies and services out there claiming to provide care and care planning. So what's…

What is CareTree?

3 years ago

Many years ago, I helped found an organization called the Life Care Planning Law Firms Association. Since then many companies…

Pooled Trusts Currently Authorized to Provide Trust Services in Georgia

3 years ago

As of this writing, the following pooled trusts are authorized by the Department of Community Health to provide trust services…

Advocates Academy: My Dream

3 years ago

My dream is to establish an advocate’s academy. The ultimate name isn’t as important as the mission. It will train…