In In Re Estate of Henry, 366 Ga. App. 638 (2023), Charles Henry executed a new Will in 2017, revoking his Will from 2007. Charles had divorced his previous wife, leaving substantially all of his estate to his two children, Tenika and LaRon. In 2011, Charles married Shirley. An antenuptial agreement was executed, although the […]
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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 […]
In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy Edwards, alleging tortious interference with inheritance. The trial court granted Edwards’ motion to dismiss (converted to a motion for summary judgment when evidence not in the pleadings was considered). The parties’ father died in 2011, leaving everything to their mother. […]
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, […]
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 […]
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 […]
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 […]
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 […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly post links to news articles and other resources that related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles […]
A free webinar for civil attorneys and legal advocates was recently announced. It is presented by the National Clearinghouse on Abuse in Later Life (NCALL) and the American Bar Association Commission on Domestic & Sexual Violence (ABA CDSV) and sponsored by the U.S. Department of Justice, Office on Violence Against Women (OVW). All webinars will be held from 1-2:30 p.m. […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with “full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done . . . as I might or could do if acting personally.” She also executed a […]
February is American Heart Month! Read President Biden’s Proclamation on American Healrth Month 2022 We regularly post links to news articles and other resources we believe might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. […]
On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell’s conviction for elder exploitation. She was originally indicted 7 counts of elder exploitation; a jury found her guilty of four counts and not guilty of three counts. She appealed her conviction on the remaining accounts alleging, among other claims, that insufficient evidence supported […]
February 18th is National Caregiver’s Day! General News Sources: Will Social Security run out of money? Here’s what could happen to your benefits if Congress doesn’t act Georgia AG Carr Warns Georgians to Beware of Romance Scams | FBI Warning North Macedonia President Walks Girl With Down’s Syndrome To School After She Was Bullied What […]
General News Sources: NAELA member Janet Colliton, CELA, wrote Eligible Charity Distribution can reduce taxes Lack of special ed teachers keeps some autistic students ill-prepared for college Bob Dole remembered as champion for people with disabilities If you have a child with special needs, here’s how to plan for their life after you pass What […]
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 […]
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 […]
Robert C. Port is a business litigation attorney practicing with Gaslowitz Frankel, LLC. He is author of Georgia Business Litigation and has a blog covering diverse subjects such as “Why You Shouldn’t Wait Until the Divorce is Finalized to Update Your Estate Plan,” “Investing 101: Things to Consider and Questions to Ask,” and “How Long […]
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, […]
The Office of the Attorney General, on September 17, 2021, announced that the office’s Medicaid Fraud Control Unit has indicted Dr. Guy Jordan for Medicaid Fraud and for False Statements. The Hall County Grand Jury returned the indictment on September 15, 2021. “We will not stop protecting taxpayer dollars, and we thank the Hall County […]
Attorney General Chris Carr, on September 20, 2021, released an update on telecom companies’ progress in implementing the Anti-Robocall Principles he signed onto in 2019. Since September 2019, companies that agreed to these Principles have identified more than 52 billion spam or spoofed numbers calls, authenticated the caller ID numbers of hundreds of billions of […]
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, […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
This video, produced by the National Adult Protective Services Association, identifies signs of elder abuse. Also see University of California’s video, Elder Abuse: The Crime of the Twenty-First Century? – Research on Aging. Attorney Paul Greenwood has prosecuted more than four hundred felony cases of elder and dependent abuse, both physical and financial. He examines […]
In Booth v. State, the Georgia Supreme Court considered the appeal of a daughter convicted of killing her mother. Booth took custody of her elderly mother, Cowart, after she was discharged from the hospital in October 2016. Booth cared for Cowart in Booth’s home with the assistance of a registered nurse until early December. Cowart […]
O.C.G.A. § 31-8-80. Short title This article shall be known as the “Long-term Care Facility Resident Abuse Reporting Act.” O.C.G.A. § 31-8-81. Definitions As used in this article, the term: (1) “Abuse” means any intentional or grossly negligent act or series of acts or intentional or grossly negligent omission to act which causes injury to […]
TITLE 30 Chapter 5 O.C.G.A. § § 30-5-1. Short title This chapter shall be known and may be cited as the “Disabled Adults and Elder Persons Protection Act.” O.C.G.A. § 30-5-2. Legislative purpose The purpose of this chapter is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is […]
TITLE 16 Chapter 5 Article 8 O.C.G.A. § 16-5-100 – Definitions As used in this article, the term: (1) “Alzheimer’s disease” means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (2) “Dementia” means: (A) An irreversible global loss of cognitive function causing evident intellectual impairment […]
This video originally aired on June 5, 2013. The description states that Elder abuse often goes unnoticed. The most common types of elder abuse include financial and physical abuse, in addition to negligence. Sadly, more often than not, family and friends perpetrate this abuse.
The National Council on Aging published an article titled Get the Facts on Elder Abuse. Using graphics to identify signs and symptoms of different forms of abuse, it describes different forms of abuse and provides resources/links you can use to get help. Of course, the first thing you should always do if you suspect abuse […]
The trial court’s order replacing a health care agent was affirmed. Resident, an 88 year old Alzheimer’s patient, was unmarried and had no children. He had named his neighbor as his health care agent. There was evidence that the agent had used a power of attorney to make substantial gifts to himself. Following admission to […]
Video: https://www.aging.senate.gov/hearings/watch?hearingid=3F196EE0-5056-A066-609D-66BD4C1DCB38 https://www.aging.senate.gov/hearings/fighting-elder-fraud-progress-made-work-to-be-done
