Elder Law

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

10 months ago

Relationships and Information Overload

Here are a few stats: The average shopper sees 4,000 ads in a day. The average person is interrupted once…

11 months ago

Family Acrimony Deemed Sufficient to Disregard Nomination of Guardian

In In re Wheeler (Ga. Ct. App. 6/6/2023), the Court of Appeals upheld the Probate Court's decision that (1) there…

11 months ago

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

11 months ago

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

11 months ago

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

11 months ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

11 months ago

Updated Fact Sheet on Medicare Nursing Home Benefit

Medicare includes a nursing home benefit of up to 100 days following a qualifying hospital stay. The Medicare rehabilitation benefit…

11 months ago

Statute of Limitations on Legal Malpractice Claim Runs from Last Action

On May 26, 2023, the Ohio Court of Appeals for the Sixth Appellate District decided Kaltenbach v. Wasserman. Keith Kaltenbach…

11 months ago

Getting Health Care Directives to Your Doctors FAST

If you are in the midst of a crisis, it's critical for doctors and other health care providers to know…

11 months ago