Moratorium on Nursing Home Staffing Standards On July 4, 2025, the One Big Beautiful Bill Act was signed into law. One of its provisions placed a moratorium on the Biden Era minimum staffing standards for nursing homes. Specifically, Section 71111 of the OBBBA provides: Subchapter B—Preventing Wasteful Spending SEC. 71111. MORATORIUM ON IMPLEMENTATION OF RULE […]
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ADLs and IADLs Activities of Daily Living and Instrumental Activities of Daily Living describe basic skills for getting through the day. Sidney Katz is credited as the first to use this term in 1950. “The ability to perform activities of daily living (ADL), such as bathing or dressing, instrumental activities of daily living (IADL), like […]
Recently, my dad died. While I was driving back from being sworn in as his executor, I got a call. My father-in-law, who is a very smart man, was at the bank about to take money to some scumball because he thought he was about to be arrested. Yes, the scammers are now impersonating the […]
Medicaid is critical for individuals with special needs. It pays for things no one else will pay for and it has recently come under fire. The Arc is working to protect Medicaid for its constituents. It is activating advocates to protect services for the disability community. It is also seeking donations to further its efforts. […]
If you follow Women’s College Basketball, then you must have heard of Pat Summitt. Coach Summit was a legend in NCAA women’s basketball prior to leaving the game due to early-onset Alzheimer’s disease. Now, there is a rumored new documentary on Netflix that recounts her journey from player to becoming a legend at the University […]
If you are looking for assistance understanding Elder Law, a Certified Elder Law Attorney can help. Before you can sit for the exam, which (last time we checked) has a forty percent pass rate, Certified Elder Law Attorneys (CELAs) must meet the following criteria: Licensed Attorney: You must be a licensed attorney and an active […]
Many people think that estate planning is just having documents prepared. They have a lawyer prepare a Will, get it signed and they’re done. As Lee Corso says on Game Day, “Not so fast!” The hardest part of stepping into someone else’s shoes, whether its as an agent under a power of attorney, or as […]
From time to time we re-post David Hultstrom‘s Financial Foundations. Mr. Hultstrom, who is a co-founder of Financial Architects, had the following observations regarding recent stock market highs: As the U.S. stock market (as measured by the S&P 500) hits all-time highs, I thought some historical perspective on it might be useful. Over the 98 […]
There are a number of laws protecting your privacy and the privacy of your information. This page describes several of them, but it is not meant to be comprehensive. If you have specific questions regarding privacy laws, you should consult with an attorney. Georgia does not have any specific “state” privacy laws. Still, in Georgia, […]
Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled by their handler or if they are not house broken. See Title II, Section 35.136. Usually service animals must be harnessed, leashed or tethered unless the individual’s disability prevents using those devices or unless it […]
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (“ADA”), a comprehensive civil rights law prohibiting discrimination on the basis of disability. The law was amended on September 25, 2008, when President George W.Bush signed into law the Americans with Disabilities Amendments Act of 2008 (ADA […]
The American Housing and Economic Mobility Act of 2021 (now “of 2024”) may have taken on new life recently as Kamala Harris promised, if elected, to make housing affordable. That promise has to be funded somehow and the “how” of it seems to be rolling back the estate and gift tax exclusion amounts significantly. At […]
Review Account Statements and Notify Law Enforcement of Suspicious Activity As a precautionary measure, remain vigilant by reviewing all of your account statements and credit reports at least monthly. If you notice any suspicious activity, you should promptly notify the financial institution or company with which the account is maintained. You also should promptly report […]
On July 19, 2024, the IRS published final regulations regarding required minimum distributions (RMDs) from qualified plans. Required Minimum Distributions (RMDs) are the minimum amounts you must withdraw from your retirement accounts each year. You generally must start taking withdrawals from your traditional IRA, SEP IRA, SIMPLE IRA, and retirement plan accounts when you reach […]
Award of Custody to Grandparent Overturned In Geiger v. Allmond, 371 Ga. App. 641 (May 23, 2024), the Court of Appeals reversed a trial court decision awarding custody of two minor children to their paternal grandmother. Several cases were consolidated on appeal. Ashely Geiger, the mother, appealed the award of custody to Patti Allmond, the […]
In City of Grants Pass, Oregon v. Johnson (U.S. 6/28/2024), the U.S. Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. This decision followed the City of Grants Pass’ adoption of an ordinance restricting homeless individuals from camping […]
The Centers for Medicare and Medicaid Services launched the Guiding an Improved Dementia Experience (GUIDE) Model on July 1, 2024. It is a voluntary nationwide model test that aims to support people with dementia and their unpaid caregivers. The GUIDE Model is an attempt to provide Medicare funded comprehensive, coordinated dementia care to improve quality […]
Medicaid’s Refusal to Provide 24/7 Care in the Community Might be Discrimination In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara Harrison’s claim challenging Medicaid‘s denial of funding for medical services that she claimed are necessary for her survival. Harrison has severe physical and intellectual disabilities. She cannot walk […]
From time to time federal regulations covering nursing home quality of care are updated. Thus far, the following updates have been published in May and June of 2024. Updates posted May 10, 2024 42 CFR Part 483 — Requirements for States and Long Term Care Facilities view changes § 483.5 Definitions. view changes § 483.10 […]
Nursing homes that accept Medicare or Medicaid are required to comply with quality of care regulations. Although we have blogged elsewhere on specific nursing home resident rights, the current federal regulations are linked below. 42 CFR Part 483 — Requirements for States and Long Term Care Facilities § 483.5 Definitions. § 483.10 Resident rights. § […]
On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers of wealth among older adults. The article was based on a review of data from 2008 through 2018 analyzing estate planning and family wealth transfers of older adults aged 65 and older who became Medicaid recipients. There were 8,347 respondents […]
Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to allow participants to experience what dementia patients see, hear and feel so they better understand and empathize with individuals who have dementia. One website with the UNC Greensboro reports: “The simulation temporarily alters your physical and sensory abilities to replicate […]
The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on February 20, 2024. Willis Blake was appointed as his mother’s conservator in 2000, but he was a poor record keeper. Although he was required to set up a separate account for Bessie Mae, keep records of expenses and file annual […]
The following is a re-post of David E. Hultstrom’s Financial Foundations April 2024. You can reach Mr. Hultstrom at 770-517-8160. It’s tax season once again and time for the annual summary of the state of the fisc. I have no political point, this is just data. The causes of the numbers below are thoroughly bipartisan. […]
In February 2024, Justice in Aging released a new report based on California’s “performance measure” data from the state’s Medicaid assisted living program. Aging in Justice concluded that the quality of care measures provide no meaningful information. A perfect score tells you nothing about the quality of care residents receive. The report concludes that the […]
We’ve posted some of David Hultstrom’s thoughts before and here we go again since he says “Feel free to pass this along.” The following, from his November, describes why he doesn’t try to predict movement in the financial marketplace: You may have noticed that I rarely comment on the market or economy in this monthly […]
Georgia Adult Protective Services Authority for Adult Protective Services is found at O.C.G.A. § 30-5-1 et seq. The stated purpose of the Act ” is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is not the purpose of this chapter to place restrictions upon the personal liberty of […]
Today marks the 248th Birthday of our U.S. Navy. When I was a high school senior, allegedly I had the highest Armed Services Vocational Aptitude Battery (ASVAB) score in my county. The Navy recruiter turned into my best friend and had me lined up to join the nuclear navy. Everything was looking great until I […]
Warren Buffett The following video clips are from Berkshire Hathaway Annual Meetings where Warren Buffett fielded questions regarding estate planning: 2013 Annual Meeting: 2023 Annual Meeting:
Sometimes you just have to say No “No” isn’t a four-letter word. Saying “no” isn’t necessarily bad and you shouldn’t feel bad when you say it. Part of saying no means taking a stand. It can mean standing up to injustice. For example, our legal system is, for the most part, dependent on people saying […]
Some people want to control others. This reminds me of the Bible story in Genesis 27 where Jacob stole Esau’s blessing. We’re not going to focus on Jacob. Instead, we’re looking at his mother, Rebekah. That’s why this is under the heading of control, not greed. Isaac and Rebekah were unhappy when Esau married two […]
Fear is a powerful motivator. The Bible tells us to fear not. Stonewall Jackson (and others) are attributed as having said “Never take counsel from your fear.” Nonetheless, people act based on fear. In 1 Kings 19, Elijah had executed all of the false profits leading Israel astray. King Ahab whined to his wife, Jezebel. […]
Tradition can be a powerful motivator. Traditions can be like laws, meaning the group following them will not accept any change or departure from their custom. Traditions can also be a way of acting that varies with life changes. In 2 Thessalonians 2:15, Paul urged the Church to stand fast and hold to the traditions. […]
We’re just getting to the point where we’re producing videos for EZ Elder Law. There are, after all, only so many hours in the day. This video published on September 17, 2023, runs through basic Medicaid eligibility in Georgia under the 2023 rules. It focuses on nursing home Medicaid and home health Medicaid. Slides for […]
This is the first in a series of posts exploring why people do what they do. In this post, we’re discussing certainty. When I was a young lawyer, I worked on a corporate team where Fortune 500 companies paid tens of thousands of dollars for certainty. When they signed a contract, they wanted to know […]
This week Brother Allen Byers spoke from 2 Kings, Chapter 5. Chapter 5 tells the story of how Naaman was healed of leprosy. In speaking on this passage, Brother Byers reminds us that we’re not in control. But God is. God has been in control since the beginning of time and He never changes. God […]
Join the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) for Medicaid and Children’s Health Insurance Program (CHIP) Renewals webinars focused on special populations. This webinar series will provide partners with strategies to reach out to diverse communities and audiences to share information about Medicaid and CHIP […]
This week, Brother Allen spoke from Luke 15, focusing not on the Lost Son, but on the Loving Father. In Luke 15:20, the Lost Son got up and went to his father. “But while he was still a long way off, his father saw him and was filled with compassion for him; he ran to […]
On Thursday, August 17th, 2023: 12 noon – 1 p.m. ET, the National Disability Institute will host a webinar on Seeing Eye Dog and Therapy Animal Services. The announcement says participants will learn more from Don McGowan, a volunteer at The Seeing Eye and Nancy George-Michalson, Executive Director of New York Therapy Animals, Inc., about […]
Welcome to EZ Elder Law! My name is David L. McGuffey and I launched ezelderlaw.com in March of 2021. This is not my law firm website. This website is an educational endeavor. Although we may eventually offer advertising opportunities like the ones that appear on the right side of most blog pages, we’re not selling […]
Aging and Cognitive Health Evaluation in Elders (ACHIEVE) is a landmark study of the effect of hearing intervention on brain health in older adults. Findings, recently published in Lancet, showed that hearing loss is associated with cognitive decline and one goal was to determine whether hearing intervention could reduce cognitive decline. ACHIEVE’s key findings showed […]
Brother Allen Byers spoke from Genesis 21, beginning at verse 11. The message, called Slow Down To Look Around, tells us that it’s not our responsibility to make God’s promises come true. Yes, we’re supposed to obey God and avoid laziness, but God will make His own promises come true. Listen HERE.
As of the date of this post, the following events are upcoming in Northwest Georgia: Saturday, July 22nd – Phil Wilson’s “7th Annual Float For Hope”. An Alzheimer’s Association benefit. Starting at 11am at Grizzard Park. $10 per person. Raffle tickets are available and an after party at River Remedy! Saturday, July 22nd – The Fountains in […]
If you’re concerned about protecting your resources, here are a few thoughts on how to protect Inherited IRAs. First, define the risk you’re planning to minimize or avoid. Some States might treat all retirement accounts as exempt resources for Medicaid eligibility purposes, while others do not. If you’re worried about nursing home expenses, find out […]
The FDA has approved Leqembi (Lecanemab) for patients with mild dementia and other symptoms caused by early Alzheimer’s disease. Approval followed a determination that a confirmatory trial verified clinical benefit. Leqembi is the first amyloid beta-directed antibody to be converted from an accelerated approval to a traditional approval for the treatment of Alzheimer’s disease. In […]
The 8th Annual North Georgia Autism Conference will be held October 27, 2023 at the Dalton Convention Center (2211 Tony Ingle Parkway, Dalton, Georgia 30720). Keynote speakers are Rodney Kellum and Stephanie O. Hubach. Register for the conference at HamiltonHealth.com/autismconference
