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…

Secure Act 2.0 allows SNTs holding retirement accounts to name charitable beneficiaries

3 years ago

H.R. 2617, commonly known as the Consolidated Appropriations Act, 2023 (which includes the SECURE Act 2.0), amended provisions in the…