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 […]
Blog
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 […]
After a loved one dies, there are certain things that need to be done. The following is a short checklist. 1. Burial/Funeral Arrangements. Obtain the decedent’s burial and/or funeral instructions, if any. It may be most appropriate to contact the family members or have a family meeting to determine the decedent’s burial wishes. Also, a […]
In Georgia, O.C.G.A. § 29-5-60(a) requires that Conservators, “[e]ach year, within 60 days of the anniversary date of qualification, … file with the court a verified return consisting of a statement of the receipts and expenditures of the conservatorship during the year preceding the anniversary date of qualification, an updated inventory consisting of a statement […]
On April 23, 2021, the Tennessee Court of Appeals decided Estate of Shelton D. Ramey, Case No. E2020-00270-COA-R3-CV. The Court’s syllabus is as follows: This appeal concerns a residual beneficiary’s objection to an estate administrator receiving any fees based upon the latter’s alleged breach of fiduciary duty. David Ramey (“Ramey”) is a beneficiary under his […]
On April 26, 2021, in a letter to Senators Brown, Casey, Hassan, and Representative Dingell, the National Academy of Elder Law Attorneys (NAELA) commented on the Home and Community-Based Services (HCBS) Access Act. Among other comments, NAELA supported the proposal’s expansion of the criteria for being medically eligible for Medicaid HCBS. One suggestion was including […]
In Giller v. Slosberg, an elderly father revoked an existing power of attorney, executed a new power of attorney, and made changes to certain financial accounts relating to his estate-planning strategy. Giller and Seidner (sisters) appealed a judment following a jury verdict in favor of their brother, Slosberg. Slosberg believed his sisters exerted undue influence […]
Video from Pixorize describing Medicare and Medicaid as two different healthcare programs with different functions and beneficiaries.
