Articles – Week of August 12, 2022, Part 2

4 years ago

We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review…

Resources for Older Veterans

4 years ago

In an August 2022 blog post, the VA urged Veterans to check out resources for Older Veterans. The post states,…

Medicaid Renewals Post-COVID-19 Expected To Be Difficult

4 years ago

During COVID-19, the Centers for Medicare and Medicaid Services ("CMS") prohibited most state Medicaid agencies from disenrolling individuals who received…

Can the State Take Grandma’s Home After She Dies? What is Medicaid Estate Recovery?

4 years ago

Medicaid's estate recovery claim is essentially a creditor's claim allowing the State to recover medical assistance paid on behalf of…

Who can represent me in a special education case?

4 years ago

Children with special needs have a right to a free appropriate public education (FAPE) in the least restrictive enironment. Information…

How Long Should I keep Tax Records?

4 years ago

The IRS says "it depends." Different situations have different limitations periods (e.g., how long the IRS can go back to…

Medicaid Planning Scenario: Am I eligible for Medicaid?

4 years ago

Let's assume Betty, a widow, will go to a Georgia nursing home in the near future (using 2022 eligibility rules…

NCEA Webinar: Abuse in Later Life

4 years ago

A free webinar for civil attorneys and legal advocates was recently announced. It is presented by the National Clearinghouse on Abuse…

Slosberg Revisited

4 years ago

In Slosberg v. Giller (Georgia Supreme Court 6/30/2022), the Court reversed a Court of Appeals decision we previously reported. David…

Trial court applied wrong standard regarding denial of extension to file certificate of good faith

4 years ago

In Estate of Vickers v. Diversicare Leasing Corp. (Tenn. Ct. App. 6/13/2022), a dentist extracted 18 teeth from a nursing…

Probate Court must make findings of fact and conclusions of law when requested

4 years ago

In the Estate of T.M.N. (Ga. Ct. App. 6/13/2022), Quanda Jessie served as conservator of her minor child's estate and…

Medicare Beneficiary challenges Local Coverage Determination as conflicting with NCD

4 years ago

In Greenwald v. Becerra (D. D.C. June 7, 2022), a Medicare beneficiary who had lymphedema (a chronic medical condition that…

Conservator’s settlement for minor children upheld

4 years ago

In Smith v. Parks Hotels & Resorts, Inc. (Georgia Ct. App. June 8, 2022), the mother of five children was…

SSI denied where applicant did not follow-up with care and failed to prove disability

4 years ago

Walter alleged that he had bipolar disorder, depression, bulging discs, and chronic obstructive pulmonary disease and that he had been…

State Can Seek Recovery of Future Medical Expenses

4 years ago

In Gallardo v. Marstiller (U.S. June 6, 2022 (Google Scholar link)), the U.S. Supreme Court held that a State may…

Medicaid Cannot be More Restrictive Than SSI in 1634 States (Non-209(b) States)

4 years ago

Several overriding rules control the creation and application of Medicaid eligibility criteria by the states. These rules are applicable to…

Elder Law and Special Needs Law News Roundup – 5-27-2022

4 years ago

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…

Probate Court’s Order on Emergency Guardianship is not appealable

4 years ago

On May 20, 2022, the Georgia Court of Appeals issued its Order in In re Estate of Brenda Elizabether Strother…

Don’t let other’s get you down

4 years ago

Some people simply want to help you have a bad day. Don't let them. Here are some words of encouragement…

Medicaid Covid Waivers

4 years ago

The following are the Covid 19 Medicaid Waivers we're aware of. If you have information on others, please let us…

At US Hospitals, a Drug Mix-Up Is Just a Few Keystrokes Away

4 years ago

(Republished with permission from KHN.org/CNN) At US Hospitals, a Drug Mix-Up Is Just a Few Keystrokes Away Brett Kelman April…

News Roundup – 4-29-2022

4 years ago

We regularly post links to news articles and other resources that might be of interest to our viewers. We focus…

Conservatorship litigation made life insurance policy inaccessible

4 years ago

In a recent case (Dep't of Tenncare 4/20/2022), Appellant's application for nursing home Medicaid was denied due to ownership of…

News Roundup – 4-22-2022

4 years ago

We regularly post links to news articles and other resources that might be of interest to our viewers. We focus…

No constitutional right to assisted suicide

4 years ago

In Washington v. Glucksberg, 521 U.S. 702 (1997), the U.S. Supreme Court held that Washington's prohibition against causing or aiding…

Appeal Challenging Georgia’s Equitable Caregiver Statute was moot

4 years ago

In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. §…

US Supreme Court nixes Medicaid case relating to Work Requirement

4 years ago

In 2020, the DC Circuit Court of Appeals decided Gresham v. Azar, 950 F.3d 93 (2020). There, the Court of…

Form: Georgia Notice to Debtors and Creditors

4 years ago

O.C.G.A. § 53-7-41 states: “…Every personal representative shall, within 60 days from the date of qualification, publish a notice directed…

Nursing home lacks standing to request fair hearing unless it is authorized representative

4 years ago

In Weeks v. DHS, Division of Family and Children Services, Office of State Administrative Hearings, Docket 2117014 (April 28, 2021),…

Two Tennessee Grandparent Visitation Cases

4 years ago

In Cupples v. Holmes (Tenn. Ct. App. 3/31/2022), a child's maternal grandparents alleged they had significant visitation with their grandchild…

Deed found to be valid despite allegations of undue influence

4 years ago

In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with…

News Roundup – 4/1/2022

4 years ago

We regularly post links to news articles and other resources that might be of interest to our viewers. We focus…

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…