Elder Law

McElrath v. Citizens & Southern Nat’l Bank, 229 Ga. 20 (1972)

A trust sought direction concerning whether it was required to pay for private school tuition. A grandfather established a trust…

5 years ago

Alexander v. Choate, 469 U.S. 287 (1985)

In Alexander v. Choate, 469 U.S. 287 (1985), the State of Tennessee reduced from 20 to 14 the number of…

5 years ago

Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002)

In Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002), an ERISA plan bought an action to…

5 years ago

Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006)

In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds…

5 years ago

Medicaid Legal Resources

42 U.S.C. § 1396 et seq. https://www.law.cornell.edu/uscode/text/42/chapter-7/subchapter-XIX 42 U.S.C. § 1396p https://www.law.cornell.edu/uscode/text/42/1396p 42 U.S.C. § 1396r-5 https://www.law.cornell.edu/uscode/text/42/1396r-5 42 C.F.R. Part…

5 years ago

Covid 19 law sparks dialogue on nursing home alternatives

"With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a…

5 years ago

In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)

This case presents the question whether a trust created with reference to the Federal Medicaid statutes -- the Valerie R.…

5 years ago

What the Courts have said about the Medicaid Program

Medicaid, just one of the sets of rules applicable to most older adults, is one of the most complex laws…

5 years ago

In re the Estate of: Francis E. Barg, a/k/a Francis Edward Barg, 722 N.W.2d 492; 2006 Minn. App. LEXIS 148 (Ct. App. Minn. October 17, 2006)

The husband died six months after the decedent. The decedent had required nursing home care, and she received Medicaid assistance…

5 years ago

Applicants sought MSJ and Injunction where eligibility was denied due to annuity structure

Plaintiffs were a group of couples with one spouse in the nursing home and other spouse still in the community.…

5 years ago