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Medicaid planning is discussed in more detail in subsequent chapters. Planning is the process of restructuring an estate in a legal manner to accelerate Medicaid eligibility. Often, the purpose is to protect the Community Spouse or a disabled child, but it can be done to protect a family inheritance as long as you follow the […]

The ALJ is a representative of the Department throughout the hearing process. As such, the ALJ makes a written recommendation known as the initial decision. Greene v. Dep’t of Cmty. Health, 293 Ga. App. 201, 203 (2008). The initial decision is reviewable by the Department of Community Health. See O.C.G.A. § 49-4-153(b)(1); Ga. R. & […]

A POLST form is a legally sufficient medical order that health care providers and health care facilities may use in accordance with their policies and procedures regarding end of life care. A POLST order remains effective unless the order is revoked by the attending physician upon the consent of the patient or the patient’s authorized […]

EZ Elder Law is intended to provide helpful/useful information for (1) older adults, (2) individuals with special needs, (3) caregivers and (4) the professionals who work with them. With that in mind, if you are a Certified Elder Law Attorney, NAELA Fellow, member of NAELA’s Council of Advanced Practitioners, ACTEC Fellow, Super Lawyer, AV Rated […]

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 […]

Cline v. Living Ctrs. of Tex., Inc., 2007 Tex. App. LEXIS 2044 (Tex. App. 2007). Jury returned a defense verdict and Plaintiff appealed challenging two issues concerning the exclusion of evidence. Plaintiff contended it was error to exclude evidence that another resident inappropriately touched the resident, as well as evidence of subsequent similar acts. Plaintiff […]

In Little v. Jim-Lar Corporation, 835 SE 2d 794 (Ga. App. 2019), summary judgment was affirmed in a personal injury case where the plaintiff was alleged to be incompetent. Myra Little and her guardian brought suit against a McDonalds franchisee, alleging she has a severe allergic reaction, suffering physical and psychological harm, after she ordered […]

In Olmstead v. L.C., 527 U.S. 581 (1999), the Supreme Court turned treatment for individuals with special needs on its head. Justice Ginsburg, writing for the Court framed the issue presented as follows: “Specifically, we confront the question whether the proscription of discrimination may require placement of persons with mental disabilities in community settings rather […]

Answering the question, “what is fair market value,” depends on the circumstances. For most purposes, the fair market value of the property is the price at which such property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge […]

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