Elder Law

News Roundup – 3/11/2022News Roundup – 3/11/2022

News Roundup – 3/11/2022

March is Developmental Disability Awareness Month. March is also National Kidney Month. We regularly post links to news articles and…

3 years ago
Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into EstateOregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon's Medicaid…

3 years ago
Frivolous Objection to Will Triggers Attorney’s FeesFrivolous Objection to Will Triggers Attorney’s Fees

Frivolous Objection to Will Triggers Attorney’s Fees

On March 4, 2022, the Georgia Court of Appeals decided In re Estate of Elinor J. Ferrell (A21A1361). There, Alvin…

3 years ago
News Roundup – 3/4/2022News Roundup – 3/4/2022

News Roundup – 3/4/2022

We regularly post links to news articles and other resources that might be of interest to our viewers. We focus…

3 years ago

Medicare must cover off-label use of prescription drug says 11th Circuit

Donald Dobson has Medicare. He also has intractable and severe nausea and vomiting, which interfere with his ability to function…

3 years ago
Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s AuthorityDeclaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a…

3 years ago
Arbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competencyArbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competency

Arbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competency

In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court's determination that…

3 years ago
Testamentary Gift Adeemed by ExtinctionTestamentary Gift Adeemed by Extinction

Testamentary Gift Adeemed by Extinction

In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate…

3 years ago
Irrevocable Trust was not an available resource when determining Medicaid eligibilityIrrevocable Trust was not an available resource when determining Medicaid eligibility

Irrevocable Trust was not an available resource when determining Medicaid eligibility

In Geyen v. Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen's application for Medicaid was…

3 years ago
Medicaid Annuity Cases on Appeal in MassachusettsMedicaid Annuity Cases on Appeal in Massachusetts

Medicaid Annuity Cases on Appeal in Massachusetts

In American National Life Insurance Company v. Breslouf (Mass. Super. 6/3/2021), a Community Spouse named Julius Breslouf purchased a Medicaid…

3 years ago