In 2021, the life-time estate and gift tax exemption is $11.7 million per donee (dead person or giftor). The exemption is scheduled to roll back to pre-2018 levels in 2026 unless extended by Congress. IRS Notice IR-2019-189 accompanied final regulations known as Anti-Claw Back regulations. These regulations essentially state that if you make a gift […]
National Health Center Week is August 8-14 The Agency for Healthcare Research and Quality (AHRQ) reported: Best Practices for Safe Vaccine Administration in Nursing Homes Validation of an electronic trigger to measure missed diagnosis of stroke in emergency departments The National Institutes of Health reported: Cellular defect found in inherited and sporadic ALS The Amazing […]
My parents sent me this message in an email and I thought it was worth sharing: As we were reading last night with your brother in John chapter 11, we started thinking of the number of minutes in a day, and then that led into the number of days we have lived. Psalm 139:15-16 (ASV) […]
The “August” 2021 issue of Alzheimer’s Today (Vol. 16, Number 1), includes an article titled “A guide to Creating a Dementia-Friendly Home.” The article states that most homes are built for young, active, individuals, .. not for the changing needs of older adults. “Dementia-friendly design is about creating a living space that improves the well-being […]
The Georgia Council on Aging (Co-Age) recently announced its legislative priorities going into the 2022 legislative session. They are: Restore funding to home and community based services which was cut when Governor Kemp ordered that every department reduce spending. Appropriate $300,000 to $500,000 to increase funding for the Long-Term Care Ombudsman program. Allow Medicaid to […]
In In re Estate of Wertzer, 330 Ga. App. 294 (2014), the primary issue was whether the probate court had the authority to enter an order establishing a visitation schedule with the father, over the objection of the mother, who had been appointed Sierra Wetzer’s guardian and conservator. The Court held that the probate court […]
On July 30, 2021, Georgia Attorney General Chris Carr announced the indictment of Borin Khoun on four counts of Theft by Taking in Gwinnett County Superior Court. The press release states: “Our Prosecution Division is committed to stopping criminals who perpetrate identity theft and financial fraud,” said Attorney General Chris Carr. “People who prey on […]
Currently there are nearly 54 million Americans 65 years of age or older. By 2060, that number will exceed 98 million. To keep seniors and special needs individuals at home, the home must be accessible and safe. An article reviews.com posted on July 28, 2021 covers this topic. See T. Williams, Home Modifications for Seniors […]
The National Institute of Nursing Research announced an upcoming webinar: On September 14, 2021, Dr. Mi-Kyung Song will present “Addressing One of the Most Enduring Challenges in Health Care: End-of-Life Decision Making” from 10:00 to 11:00 a.m. (ET). In this NINR Director’s Lecture, Dr. Song will present her intervention research to develop and test an […]
National Institutes of Health (NIH): Tips to Make Mealtimes Easier for People with Alzheimer’s Decoding Heart-Brain Talk to Prevent Sudden Cardiac Deaths Researchers identify a cellular defect common to familial and sporadic forms of Amyotrophic lateral sclerosis (ALS) Device allows paralyzed man to communicate with words Scientists uncover how decisions about what we see are […]
On July 27, 2021, the Securities and Exchange Commission (SEC) issued the following investor alert: The FBI Criminal Investigative Division and the United States Securities and Exchange Commission’s Office of Investor Education and Advocacy (OIEA) warn of fraudsters swindling investors while pretending to be registered brokers or investment advisers. Fraudsters may falsely claim to be […]
Former OCGA § 24-3-18 (now § 24-4-826) provides a hearsay exception for medical reports in civil cases without requiring the doctor to testify at trial. Bell v. Austin, 278 Ga. 844, 845 (1) (a) (607 SE2d 569) (2005). See Owensby v. Williams, 355 Ga. App. 695 (2020) (Stating in footnote 2 that former OCGA § […]
The best way to avoid fraud is to be aware and to do your due diligence when someone asks for or demands money. For example, there are scammers calling, impersonating law enforcement, and telling callers they must pay money or they will be arrested. See City of Portland – Phone Scam Fraud Impersonating Police Office. […]
After a loved one dies, it is sometimes necessary to open an estate to access accounts or other property owned by the deceased individual. If so, the first step is to determine whether the deceased person had a Will. Although Georgia does not require that you hire a lawyer to represent you, we strongly advise […]
WFSU Public Media reported that Group Homes For Those With Developmental Disabilities Face A Growing Worker Shortage. Developmental disability service providers are the latest to join a list of employers who say they’re facing a worker shortage. Advocates say direct support professionals who left the industry because of health concerns surrounding the COVID-19 pandemic aren’t […]
The first step when filing a deed is to have the deed prepared. Although it is not required, we suggest that you have a lawyer prepare the deed. Where are Deeds Recorded? O.C.G.A. § 44-2-1 provides that Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the […]
The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust Will, or other document that violates the Rule Against Perpetuities may be invalid in part or in whole, causing anticipated distributions to be uncertain or preventing them from happening at all. See Wikipedia: Rule Against […]
Venue, as a general matter, indicates where (in which court) a legal matter should be filed. It is sometimes confused with subject matter jurisdiction and, because certain venue provisions appear in Georgia’s constitution, venue occasionally becomes a jurisdictional question in Georgia. Usually, though, jurisdiction indicates which court a legal matter should be filed in, such […]
Teepa Snow, with Positive Approach® to Care, is offering the Care Partner Support Series – Five Sessions to Change, to educate and connect caregivers of a person living with dementia through a webinar format. Led by Positive Approach Certified Consultants and Trainers, the series will run for five 90-minute weekly sessions. Fee: $50.00 – includes […]
Georgia Counties and Cities with links to Probate Court, Clerk of Superior Court, Legal Organ and other relevant information. General Links: Georgia Chamber of Commerce Georgia Probate Court GeorgiaPublicNotice.com | Search and View Published Legal Notices Georgia Superior Courts Georgia Superior Court Clerks Cooperative Authority | Includes Contact Information for County’s Legal Organ O.C.G.A. § […]
Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994. On January 31, 1995, she executed a will leaving the bulk of her estate to her brother-in-law, Caesar Smith and his wife Lois Smith, who were assisting Ms. Smith and providing her with care. Ms. […]
In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year leading up to her death, her estranged husband served divorce papers on her. Her children begged her to get medical help and, after she refused, they tried to have her involuntarily committed. Following a hospital […]
Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968. Mrs. Ashford filed for divorce in 1999 after a lengthy separation. Dr. Ashford died in 2001 during the divorce proceedings. In 1988, Dr. Ashford’s sister drove him to see an attorney. There, Dr. Ashford produced […]
Gibbs and Ali turned TWO today, June 23, 2021. That is huge! These English Cream Golden Retrievers, aka European Golden Retrievers are finally old enough to be trained as therapy dogs. It is our hope they will be able to visit patients in hospital rooms, residents in nursing homes and that they will provide support […]
Nursing home deaths up 32% in 2020 amid pandemic. The AP reported “Deaths among Medicare patients in nursing homes soared by 32% last year, with two devastating spikes eight months apart, a government watchdog reported Tuesday in the most comprehensive look yet at the ravages of COVID-19 among its most vulnerable victims” Read more The […]
In Wilder v. Virginia Hospital Assn., 496 U.S. 498 (1990), the Supreme Court stated: Medicaid is a cooperative federal-state program through which the Federal Government provides financial assistance to States so that they may furnish medical care to needy individuals. § 1396. Although participation in the program is voluntary, participating States must comply with certain […]
In Georgia Department of Community Health v. Medders, 292 Ga. App. 439, 2008 Ga. App. LEXIS 804 (2008) the Court stated the appellate standard of review as follows: “In addressing this appeal, we are mindful of the narrow scope of judicial review applicable to administrative agency matters. A court cannot “substitute its judgment for that […]
TCA 30-2-310 was amended effective April 7, 2021. Tennessee Code Annotated, Section 30-2-310, is amended by adding the following as new subsection (c): (c) Notwithstanding subsections (a) and (b), § 71-5-116, and §§ 30-2-306 – 30-2-309: (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) […]
U.S. Supreme Court Upholds the Affordable Care Act in California v. Texas, a decision issued on June 17, 2021. “For these reasons, we conclude that the plaintiffs in this suit failed to show a concrete, particularized injury fairly traceable to the defendants’ conduct in enforcing the specific statutory provision they attack as unconstitutional,” Breyer wrote. […]
World Elder Abuse Awareness Day was officially June 15, 2021, but that doesn’t mean we shouldn’t be aware of it every day. The USC Center for Elder Justice has Tools & Tips and an Action Kit to help us address this problem. World Elder Abuse Awareness Day provides an opportunity for communities around the world […]
On the Georgia Supreme Court’s Argument Calendar for May 18, 2021 is Clinch Healthcare Center Et. Al. v. Fountain, As Administrator of the Estate of LeRoy Wiggins (S20G1292). The Court’s Summary is as follows: A nursing home and its owners are appealing a Georgia Court of Appeals decision that upheld Cobb County State Court’s denial […]
“The construction of a contract is a question of law for the court.” O.C.G.A. § 13-2-1. The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced […]
The following language was used in a contract dispute where a Motion for Summary Judgment was filed in Superior Court: “The standard on motion for summary judgment is whether any genuine issue of material fact exists and, if not, whether the moving party is entitled to judgment as a matter of law. See O.C.G.A. § […]
The general rule under 42 U.S. Code § 1396p(c)(1) is that any transfer for less than fair market value results in assessment of a transfer of resources penalty. There are, however, exceptions to the general rule. Subsection (c)(2)(A)(iv) is one of those exceptions and it provides that no penalty can be assessed if a home […]
The following links can be used to research health care providers and, if necessary, to file a complaint with State licensing boards and boards of certification: Complaint and Discipline Process for Nurses (Powerpoint by Georgia Board of Nursing) Contact Information For Filing a Complaint with the State Survey Agency (CMS.gov) Do your research about your doctor or […]
Frontline posted a new podcast regarding a race-related murder in Chicago in 1955. That murder resulted in a bill named for the victim that would wind up in the halls of Congress. It was aimed at bringing justice to unsolved killings from the civil rights era. Around the same time, the Department of Justice and […]
New Interactive Tool Provides Social Determinants of Health Data on Internet Access A new online data visualization tool from AHRQ gives analysts access to social determinants of health (SDOH) data related to people’s access to the internet. Internet access is essential for obtaining home-based telemedicine and is increasingly important for healthcare needs such as making […]
Webinar on Developmental Promotion, Early Detection, Referral, and Linkage to Services Wednesday, June 16, 2021, 1:00 – 2:30 PM ET Webinar Registration The National Center on Early Childhood Quality Assurance presents this webinar on increasing access to developmental screenings for children and families. The early childhood community has an opportunity to work together to build […]
The University of Alabama School of Law Director, Elder Law Clinic The University of Alabama School of Law seeks applicants for the position of Director for its Elder Law Clinic. The Director oversees and conducts all phases of legal advocacy for clinic clients, teaches and supervises clinic students, and manages law clinic staff. The position […]
The International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) posted a video on 100 Years of Progress fighting Alzheimer’s disease. What progress have we made in the fight against Alzheimer’s Disease and dementia? What are the remaining challenges? And what role do you have to play in the fight?
On June 5, 2021, Alzheimer’s & Dementia Weekly posted Warning Signs of Alzheimer’s with Examples. The post links a diagnostic video with the goal of easily telling the difference between normal-aging versus Alzheimer’s-signals. It says use these 3 clear examples for each of the well-known “10 Warning Signs of Alzheimer’s”.
The right to privacy has evolved as America has aged. It began as protection from intrusions into the home. “The Fourth Amendment provides — “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrants shall issue but upon […]
Financial Literacy if key to know how to plan for your financial future and that of your loved one. We hope the following information helps. If you have suggestions for this page, please let us know. Welcome to Financial Literacy (Khan Academy) Transferring Family Wealth to the Next Generation: What’s the money for? Family Wealth […]
Nicole T. Jorwic, J.D, Senior Director of Public Policy at The Arc and an expert on the topic of home- and community-based services (HCBS) will provide an overview of the HCBS program and describes how it helps people living with paralysis access the supports and serves they need to live independent lives. Nicole will also […]
Elder mistreatment is common in our society, particularly among older adults with cognitive impairment and dementia. Using practical clinical and legal tools, we can look for high-risk situations and prevent abuse, and we can detect abuse at early stages to stop it from getting worse. Led by a physician and an attorney with years of […]
On June 18, 2021, the National Ombudsman Resource Center will hold a webinar from 3:00 to 4:30 ET regarding resuming in-person visits during Covid 19. It will feature tips for identifying trauma, potential abuse and supporting residents. Dr. Laura Mosqueda, a national and international expert on elder abuse and neglect, will provide tips for Ombudsman […]
This video provides an overview of resource on the National Ombudsman Resource Center website.
The Agency for Healthcare Research and Quality is seeking comments through July 1, 2021 on its report regarding Malnutrition in Hospitalized Adults. The objective of the report was “To review the association between malnutrition and clinical outcomes among hospitalized patients, evaluate the effectiveness of screening for malnutrition on clinical outcomes, and assess the effectiveness of […]
The CDC recently published its Covid 19 One Stop Shop Toolkits. Click here for its page on Older Adults. Click here for its page on People with Disabilities. Find more information at: https://www.coronavirus.gov/ https://www.usa.gov/coronavirus/ https://www.cdc.gov/coronavirus/2019-ncov/index.html https://www.who.int/health-topics/coronavirus#tab=tab_1 The CDC indicates that a wide range of symptoms have been reported – ranging from mild symptoms to severe […]
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