In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3, at least in cases where the trial court approves direct payment to a trust. Prior to passage of HB 620, Section 29-3-3 read as follows: 2021 Version For purposes of this Code section, the term […]
Obviously, if you follow the law, get a license and have the event officiated, you’re married. See O.C.G.A. § 19-3-1 (Requiring parties able to contract, an actual contract and consummation according to law). And with marriage goes the benefits and liabilities. Although not a traditional case, Justice Kennedy concluded Obergfell v. Hodges with the following […]
The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also includes anything else we found interesting during the month of June, 2023. We will continue updating from time to time throughout the month. Last updated 6/8/2023. Keep in mind, you are using linked content at […]
On June 1, 2023, the IRS issued Tax Tip 2023-75. There, the IRS explained: When banks, credit unions, businesses and other payers file information returns with data that doesn’t match IRS records, the IRS sends them a CP2100 or CP2100A notice. The notices tell payers that the information returns they submitted have a missing or […]
Medicare Open Enrollment takes place each year between October 15th and December 7th. During the Open Enrollment period, you can check to see whether you have the right Medicare plan to cover your physicians and pharmaceuticals. You can check to see whether a Medicare Advantage Plan would give you similar or better coverage for a […]
In McGee v. State Dep’t of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023), Diana McGee established a special needs trust under the provisions of 42 U.S.C. § 1396p(d)(4)(A). This followed a malpractice action and settlement. Dianna suffered from short bowel syndrome, which impaired her ability to care for […]
“In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which requires showing an injury in fact that was caused by the breach of a duty owed by the defendants to the plaintiffs and that will be redressed by a favorable decision from the court.” Ames […]
In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial of L.U.’s request for a fair hearing. How, you ask? “I thought everyone had a right to a fair hearing!!! Well, apparently not. L.U. was an unrepresented Medicaid recipient. He appealed from a May 11, […]
Many families get this issue confused, but it’s serious business for the IRS. In Cardiovascular Center, LLC v. Commissioner of Internal Revenue (U.S. Tax Court 5-18-2023), Dr. Frank Kresock operated a medical practice in Arizona. He paid four workers, plus the person he lived with, as independent contractor’s, giving them biweekly cashier’s checks. However, all […]
In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the full value of her retirement account, to an irrevocable trust. When she applied for Medicaid during the 60 month look back period, the Medicaid agency found the resources were not countable, but imposed a transfer […]
On Wednesday, May 17, 2023, Allen Byers spoke from Matthew, Chapter 8, about Jesus and the Centurion. This story comes from verses 5 through 13, There, the Bible says And when Jesus was entered into Capernaum, there came unto him a centurion, beseeching him, And saying, Lord, my servant lieth at home sick of the […]
The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point. Of course, we are not representing there are no other published decisions on point. United Cerebral Palsy of Georgia v. Ga. Dep’t of Behavioral Health and Dev. Disabilities, 331 Ga. App. 616 (2015). A provider […]
July 18, 2011 Paul A. Kryglik, Director Office of Regulations Social Security Administration 6401 Security Blvd Baltimore, MD 21235 Re: Program Operations Manual System SI 1120.220, cash loans Dear Director Kryglik: I am requesting a ruling from your office on an issue involving Program Operations Manual System (POMS) SI 1120.220, cash loans, with respect to […]
I recently met with Mr. David McGuffey at his office in Dalton, GA to make my blog, Curb Free with Cory Lee, an LLC. I am a powered wheelchair user and I work hard to spread the word about wheelchair accessible destinations all over the world. Mr. McGuffey helped to ease my mind and make […]
Last updated 8/6/2025 Almost every Wednesday morning, Allen Byers shares God’s Word with a group of believers. These messages are not for the faint of heart or those who aren’t interested in hearing the truth. Allen speaks God’s Word raw and unadorned. It’s straight from the scripture. If you want to hear these messages, they […]
Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. Everyone knows staffing is the most significant issue when determining whether your loved one gets the care he or she needs. Staffing levels have a direct impact […]
Caregiving is hard. Being a parent is hard. Being a child is hard. And sometimes you might feel like you’re not enough. You are enough and you need to listen to this song. You’re enough!
During the week of May 1, 2023, the VA updated its Adjudication Procedures Manual to clarify that a claim in which funds were withheld pending a fiduciary appointment is a claim pending at the time of death and may be paid as accrued benefits. The updated section is M21-1, Part XI, Subpart ii, Chapter 3, […]
On May 4, 2023, the Department of Community Health announced the new state-wide average nursing facility private pay rate increased from $9,034.00 to $9,584.00. This rate is the divisor when calculating the length of a transfer penalty when resources or income are transferred for less than fair market value.
When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner) on checking, savings and other acounts. Should those resource be taken out of the name of the Institutionalized Spouse? The answer is generally “yes,” but it requires some context and some qualifications. The context and […]
In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency had a contigent interest in the trust remainder due to the payback requirement in 42 U.S.C. § 1396p(d)(4)(C). However, after the beneficiary died, the master trust informed the Department that it would retain the remainder, […]
IRS Notice 2023-30 set forth the safe harbor language for extinguishment and boundary line adjustment clauses required by y § 605(d)(1) of the SECURE 2.0 Act of 2022 (SECURE 2.0 Act). It addresses only amendments to extinguishment and boundary line adjustment clauses in accordance with § 605(d) of the SECURE 2.0 Act. This safe harbor […]
David E. Hultstrom, President of Financial Architects, recently explained why past-performance is not a great way to evaluate financial advisors. Essentially, no one has a working crystal ball. Hultstrom wrote the following in the May, 2023 edition of Financial Foundations. Why would I leave out past performance in selecting an advisor, or current performance for […]
Gregory Hall created a trust for his children. He also made gifts to his children prior to his death, including a $500,000 house to his son, Kenneth. Gregory’s trust provided that, following his death, the trust remainder would be divided equally among his three children. But Kenneth argued that the $500,000 should not be included […]
On April 25, 2023, the VA issued the following announcement: The Caregiver Support Program (CSP) is introducing a new nationwide service offering comprehensive legal and financial planning services to Primary Family Caregivers enrolled in the Program of Comprehensive Assistance for Family Caregivers (PCAFC). A network of licensed attorneys and certified financial counselors are readily accessible […]
On April 18, 2023, the Biden Whitehouse issued an Executive Order on Increasing Access to High-Quality Care and Supporting Caregivers. The EO directs actions to improve job quality for the professionals who provide the critical services that make community living possible for millions of people. It includes actions to improve support for the 53 million […]
Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition alleged she was unable to make appropriate decisions regarding her treatment and medical care. Petitioner attached the report of Dr. Taylor Wright in support of its petition. The Court appointed a guardian ad litem and […]
On March 24, 2023, the United States District Court for the Middle District of Florida ruled in Securities and Exchange Commission v. Synergy Settlement Services, Inc., et al., Case No. 6:22-cv-820-WWB-DCI. The motion before the Court was to dismiss the action. The motion was denied with the Court indicating it should at least move tot […]
In Walsh v. Bowen (Ga. App. 2023), the Court considered whether an inter vivos gift to a 529 account was a completed gift. Rick Walsh made transfers during his lifetime to a 529 account his wife, Alice Walsh, owned for the benefit of her grandchildren. Although there was evidence Mr. Walsh contemplated the gift earlier, […]
An easy way to think about trusts is to consider the example of a delivery truck. A delivery truck driver has no control over how a package is addressed by the sender. The truck driver has no control (other than his delivery schedule) over who receives the package. The driver transports the package as directed. […]
One of the most fundamental, but often overlooked issues when planning for – or evaluating – Medicaid eligibility is this: Medicaid does not alter property rights, contract rights or other legal rights with value. Medicaid simply measures those rights to determine whether they cause an applicant to be eligible or ineligible. In other words, if […]
On April 5, 2023, the VA posted (presumably to remind everyone) regarding its comprensive assistance for family caregivers. The VA said “Support for caregivers means making sure you’re informed about the programs, resources, and services available to you. The Caregiver Support Program (CSP) provides clinical services to caregivers of Veterans who are enrolled in the […]
The Will must be signed by the testator Under O.C.G.A. § 53-4-20, the testator (who must be at least 14 years old) must sign his or her will. The signature can be a sign, mark, or any name that is intended to authenticate the document as the testator’s will. If the testator is physically unable […]
The new Aid and Attendance enhanced pension rates for 2023 are: Surviving Spouse $1,432 Monthly / $17,184 per year Single Veteran $2,229 Monthly / $26,748 per year Married Veteran $2,642 Monthly / $31,704 per year Two Vets Married $3,536 Monthly / $42,432 per year If you qualify for these benefits, the VA will base your […]
In Knick v. Township of Scott, Mary Knick owned 90 acres of land in Scott Township, Pennsylvania. She lived in a family home on the property and used the rest of the property as grazing land for her horses and farm animals. There was a small graveyard on the property where her ancestors were allegedly […]
Other than using extreme diligence, there is no way to completely avoid identity theft. However, freezing your credit is a very good way to minimize it. To do this, you need to call or access online at least one of the major credit reporting agencies. A security freeze blocks most companies from accessing your credit […]
There are many types of “Plaintiff’s cases.” This article focuses on injury cases. Injury cases can be as simple as a car wreck or as complex as a medical malpractice case. Regardless, they generally require four essential elements: duty, breach of duty, causation, and damages. See Calhoun First Nat’l Bank v. Dickens, 264 Ga. 285 […]
Public Chapter 548 (2018), codified in Tenn. Code Ann. § 71-2-115, required the development of a resource map of all services and programs affecting older Tennesseans. The report is intended to better inform the Governor and members of the General Assembly in making policy decisions that affect the State’s elder population. P.C. 548 requires the […]
Each year, most Medicaid eligibility limits are adjusted for inflation. The 2023 Georgia Medicaid income and resource limits are: SSI Medicaid: Income: $914 per month, Countable Resources: $2,000 QMB Medicaid: Income: $1,235 (100% FPL + $20), Countable Resources: $9,090 SLMB Medicaid: Income: $1,478 (120% FPL +$20), Countable Resources: $9,090 CCSP/EDWP/Nursing Home Income Cap: $2,742; Applicant […]
Like all insurance, long-term care insurance policies are designed to cover risk. With these policies, the risk is that you will need custodial care such as in-home care, assisted living care or nursing home care. The best thing about these policies is that they create a pool of someone else’s money you can use to […]
On February 13, 2023, Georgia Attorney General Carr warned Georgians to avoid romance scams this Valentine’s season. Carr’s press release stated: “Unfortunately, con artists will prey on people’s most vulnerable emotions by taking advantage of those who turn to online platforms in an attempt to foster new connections,” said Carr. “On Valentine’s Day and all […]
On January 30, 2023, the U.S. Citizenship and Immigration Service (USCIS) announced new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EAD). The new Green Card and EAD designs contain state-of-the-art technology that continues to safeguard national security and improve service for our customers. Changes include […]
The IRS announced its commitment to providing meaningful service and assistance to meet taxpayers’ needs. In February, March, April, and May 2023, many IRS Taxpayer Assistance Centers will be open on Saturdays. You do not need an appointment. Come prepared, bring documents: Current government-issued photo identification, Social Security cards for members of their household, including […]
At this point, there are many companies and services out there claiming to provide care and care planning. So what’s that all about, and what’s the difference between care and care planning? Essentially, care is a service where someone comes to your home, or another place where you need help, and provides care. Usually a […]
Many years ago, I helped found an organization called the Life Care Planning Law Firms Association. Since then many companies have tried to mimic what law firms do, often with disastrous consequences. Recently, we ran across a website that appears to be different and might actually be helpful. It’s called CareTree.me. This website says it […]
As of this writing, the following pooled trusts are authorized by the Department of Community Health to provide trust services in Georgia: Georgia Community/Trust/Bobby Dodd Institute Anita Gardner Decatur, GA 404.809.2914 Anchor For Special Needs, Inc. Annie Warner Cincinnati, OH 844.526.2467 Advocates and Guardians for the Elderly & Disabled (AGED) Thad A. Joseph Longwood, FL 888-277-1826 The Center […]
My dream is to establish an advocate’s academy. The ultimate name isn’t as important as the mission. It will train existing and future leaders in law, medicine, faith, government, law enforcement, education, caregiving and more. The goal is to develop leadership skills, discuss ethics, improve professionalism, and expand the knowledge base for attendees in their […]
H.R. 2617, commonly known as the Consolidated Appropriations Act, 2023 (which includes the SECURE Act 2.0), amended provisions in the tax code to allow special needs trusts to leave remaining funds in a retirement account to a charitable organization. The Bill became Law when signed by President Biden on December 29, 2022. The Senate Summary […]
What is a Will? A Will, also known as a Last Will and Testament, is a document stating how your probate estate is distributed after you die. It has no legal effect until it is probated. In Georgia, Wills are probated in the Probate Court for the county where the decedent resided. What is a […]
Amazon recently posted the following warning to customers: Stay safe from scammers this holiday season by getting to know their most common scams: Order Confirmation Scams. These are unexpected calls/texts/emails that often refer to an unauthorized purchase and ask you to act urgently to confirm or cancel the purchase. These scammers try to convince you […]
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