If benefits are being terminated or reduced, the applicant/recipient may request that benefits continue while the appeal is pending. A request for continuation of benefits must be made within ten days following issuance of the notice. See 42 C.F.R. § 431.231(c)(2). Allowance should be made in the event the Applicant’s reports late receipt of notification […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

Right to a Hearing The right to a hearing is a property right and belongs to the applicant. See Bd. of Regents v. Roth, 408 U.S. 564 (1972) (“Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Theoretically, Medicaid should be simple. It’s anything but simple. Also, theoretically, the Medicaid program should be administered in the best interests of Medicaid recipients. 42 C.F.R. § 435.902. Anyone who has worked on more than a few Medicaid applications knows otherwise. Still that’s what federal law requires. 42 U.S.C. § 1396a(a)(19) must “provide that State […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

Taking over a case started by someone else is never my preference. It’s far easier to do something correctly the first time. So what do you do when you’re brought in to fix a case. You pray! First, if someone hires you and no decision has been made, review the file. If there is an […]


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 Hall v. Davis Lawn Care Service, Inc., 314 Ga. 488 (S22G0019 8/23/2022), the Supreme Court unravelled some messy litigation where a conservator was appointed for a minor, but was deemed by the lower courts as having forfeited his exclusive power to bring, defend or participate in legal proceedings for his ward pursuant to OCGA […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

The answer is, yes, maybe. At, there are tips for caregiver support including links to programs that could pay you to serve as a family caregiver. That site offers the following insight: A caregiver helps a person with special medical needs in performing daily activities. Tasks include shopping for food and cooking, cleaning the […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

Below is an exemplar consent to a criminal background check. These are required in most guardianship cases and some probate cases.


In Carpenter v. Carpenter, 276 Ga. 746 (2003), Gloria and Steven Carpenter appealed an order dismissing their Caveat to the Will of Everett “Leroy” Carpenter. The Probate Court had referred the case to Superior Court where the dismissal occurred. In reversing the decision below, the Georgia Supreme Court held “Probate courts have the exclusive jurisdiction […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

Who can file An application must be provided to anyone upon request and may be requested in person, by mail, telephone, facsimile, secure e-mail, or at any designated agency. ABD Manual 2050-1. Anyone may apply for Medicaid benefits, including the following: The individual requesting assistance; A personal representative (PR) acting on behalf of the applicant. […]

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