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During Covid-19, nursing facilities were allowed to restrict visitation to prevent Covid’s spread. A recent CMS letter to State Survey Directors says “[f]acilities must allow indoor visitation at all times and for all residents as permitted under the regulations” In other words, visitation is now allowed for all residents at all times. Failure to permit […]

Many people have questions about guns and gun rights, especially as they relate to the elderly. The general answer is that in the United States, guns are poorly regulated. EZ Elder Law has no opinion regarding gun ownership generally, but guns and dementia are a poor mix. It is estimated that 9% of older Americans […]

November 14 through November 20, 2021, is International Fraud Awareness Week. Georgia Attorney General Chris Carr says: Scammers are constantly adapting their fraudulent schemes to new technologies, seasonal happenings, the latest trends and current events,” said Carr. “To stay ahead of these deceptive tactics, we urge all Georgians to familiarize themselves with the common signs of a scam and to take precautions to […]

If you’ve ever wondered how to celebrate your loved one’s birthday or other special occasion, here’s an idea – TELL THE WORLD!. Melinda actually found this service and we’ve used it several times for different occasions. They are great and super inexpensive. The business name is Sassy Celebrations of Dalton, but we know there are […]

Parents who are looking to protect their special needs children often begin by considering how decisions will be made. Capacity is a continuum, so every special needs child and every family is unique. Essentially there are three models where the individual needs decision-making support. Substitute decision-making, supported decision-making, and court supervised decision-making (guardianships and/or conservatorship). […]

News Sources Year-end charitable tax planning tips When Seniors are Targeted in Schemes 14 Rollover Tax Facts to Know Rosetta Stone Offers Lifetime Deal to Learn Unlimited Languages (?Limited time?) November is National Family Caregivers Month (Autism Society) National Family Caregiver Month (VA) EZ Elder Law Trademark Application to be published in Official Gazette November […]

On Friday, November 12, 2021, at 1pm eastern, the Alzheimer’s Foundation of America will host a webinar titled “New Rules for End of Life Care.” It features guest speaker Barbara Karnes, RN, author of Gone from My Sight: The Dying Experience, and creator of New Rules for End of Life Care: A Guide on the […]

estate planning

When someone visits an elder law attorney, he or she is often in the middle of a crisis. Sometimes the crisis is real. Other times it is perceived due to insufficient information (or information overload). Yes, elder law attorneys do mundane, run of the mill work, but more often than not it’s a crisis that […]

A new video series by the Public Broadcasting System entitled “Future of Work,” explores how increased longevity and technological innovation are transforming the workforce. The three-part broadcast series premiered on September 1, 2021. A six-part digital series is also available exploring the lives of six Americans. View the series here: Future of Work

A nursing home resident’s room is considered the resident’s home. That’s why people in nursing home are called “residents” instead of patients. In a nursing home, the resident controls, among other things,  when visitors can come and who can visit. Generally, it’s legal to film or record in your own home without the consent of […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries -Georgia Medicaid Manual - Nursing Home Cases

(Last updated 8/8/2023) The central and initial issue in every guardianship and conservatorship case is whether the proposed ward has decision-making capacity. In other words, can the proposed ward make and communicate significant decisions about himself (or herself) and can the proposed ward make and communicate significant decisions about his (or her) finances? For purposes […]

Information regarding health care advance directives is here. The Georgia statutory advance directive for health care is below:

Papaw

Our page discussing powers or attorney, what they are, (what they are not), and how they are used is here. The Statutory form is here (fillable version below):

The VA’s National Center for PTSD recently announced creation of two demonstration video series to help familiarize health care professionals with its mobile applications designed to help mental health professionals integrate the apps into their clinical work. Announcement link with links to videos What is PTSD?

In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC v. Fountain, 355 Ga. App. 176, 183 (1) (843 SE2d 605) (2020), finding that the Georgia Guardianship Code grants a guardian authority to enter into a binding pre-dispute arbitration agreement. The Clinch County Probate Court […]

News Sources: Covid-induced life changes leave millions of Americans worried about money IRS Continues Focus on Cryptoassets Georgia Attorney General Recognizes National Cyber Security Awareness Month Georgia Attorney General Supports Congressional Hearings Addressing Youth Social Media Use Dental coverage for Medicare recipients divides parties Federal auto-IRA program would be a big step forward in expanding […]

In M.K. v. Division of Medical Assistance, Superior Court of New Jersey, Appellate Division (2016), the Division imposed a period of ineligibility for benefits because she transferred ownership of her home to her daughter, J.K., for less than fair-market value within sixty months of entering a nursing home facility (the look-back period). The applicant argued […]

The Arc of the United States recently posted new videos providing an Overview of Special Needs Trusts and ABLE accounts. English versions of these videos are available on YouTube and are linked below for your convenience. Spanish versions are available at the YouTube link below. Find other Arc Videos here

Next week GPB will examine the life of a titan with a two-part American Experience, learn what made Jimmy Carter the man he became and much more. GPB lineup for next week

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries -Georgia Medicaid Manual - Nursing Home Cases

Selected articles from Current Awareness in Aging Research E-Clippings: Staff Shortages Are Hammering Long-term Care Facilities, Home Care Agencies, and Families Pandemic-inspired retirement may be short-lived for many More than 41million dementia cases globally are undiagnosed – study Signs of Early Alzheimer’s May Be Spotted in Brain Stem The quality, not quantity, of cardiovascular fat […]

Attorney General Chris Carr is warning Georgians about the latest version of the grandparent scam. The scam still starts with a phone call from someone pretending to be your grandchild, one of his/her friends, a lawyer or a law enforcement officer. The caller then describes an urgent scenario requiring that thousands of dollars be sent immediately, […]

On September 1, 2021, the Administration for Community Living posted a guest blog titled “BE WITH: Combating Social Isolation, Loneliness, and Suicide Risk. The blog post describes “how one project is helping build capacity within the aging network to help address social isolation and loneliness and prevent suicide amongst older adults.” Contributors include Laura Shannonhouse, […]

Ed Asner died on August 29, 2021. He is most well known for playing Lou Grant, but my personal favorite was his voice in the movie “Up.” America will miss you Mr. Asner. New York Times |  Wikipedia. Selected stories from Current Awareness in Aging Research E-Clippings No. 4390: Social Security cost-of-living adjustment will likely […]

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 […]

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 […]

The National Institutes of Health (NIH) announced: Reports shows that words matter. Language can reduce mental health and additional stigman. “In a perspective published in Neuropsychopharmacology, leaders from the National Institutes of Health address how using appropriate language to describe mental illness and addiction can help to reduce stigma and improve how people with these […]

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 […]

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 […]

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 […]

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 […]

estate planning

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 […]

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”.

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 […]

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 […]

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 […]

Elle

A filial responsibility law is one making relatives financially responsible for the care of another. Virtually every state requires parents to support minor children, but most states do not require anyone to support relatives who are over the age of 18. These laws are antiquated and can be traced back to the Elizabethan Poor Law […]

On May 31, 2021, Xavier Becerra, Secretary of U.S. Health & Human Services, wrote to Celebrate Older American’s Month by Empowering Older Adults. She began by talking about her father. “I remember working alongside my father during my youth paving and repairing Sacramento roads. My father was a strong man who woke up in the […]

Self-care while serving as a caregiver is essential to reduce the risk of burnout. Learn the common symptoms of compassion fatigue and caregiver burnout. This video covers how to set boundaries and expectations. Related Videos:

The National Institutes of Health recently published its News in Health Special Issue Collecting Popular Stories from past issues that have been reviewed and updated. Topics ranged from healthy eating to parenting and seniors. The articles relating to seniors include: Coping with Caregiving: Take Care of Yourself While Caring for Others Osteoporosis in Aging: Protect […]

In Isaiah 38:1-3, the prophet said “In those days Hezekiah became ill and was at the point of death. The prophet Isaiah son of Amoz went to him and said, “This is what the Lord says: Put your house in order, because you are going to die; you will not recover.” Faith is an important […]

Elder abuse is one of the most vicious acts anyone can commit. Although I am NOT a doctor and do not claim to have specialized knowledge regarding medical or psychological facts, experience as an attorney has shown me that psychopaths and sociopaths, who lack empathy, may be more prone to commit these acts. With that […]

From UCTV: Dr. Geroges Naasan explores the principal clinical syndromes of Alzheimer’s Disease: memory, visual, language and frontal/executive. He also discusses neuropathology, genetic factors and modern biomarkers with colleagues from the UCSF Memory and Aging Center. Recorded on 04/30/2019.

Reposted from the Administration for Community Living A new report released this week by the National Academy for State Health Policy (NASHP) shares information collected from family caregiver listening sessions. The listening sessions were designed to provide multiple forums for family caregivers to share their challenges and needs, and recommendations for services, supports, and policies […]

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