Cases

Guardianships and Conservatorships: Cases

Clear and convincing evidence supported establishment of conservatorship (TN App) ------------------------------------------ Petitioners petitioned for the appointment of a conservator for…

3 years ago

Right to Die (or Live): Cases

“Right to Live” appeal dismissed as moot (N.J. Super.) ------------------------------------------ Rueben Betancourt underwent surgery to remove a malignant tumor from…

3 years ago

Probate Litigation

Probate heir has no property right in conservatorship estate (Ga.) ------------------------------- Opal Stewart was appointed as her father’s conservator. After…

3 years ago

Medicaid: Cases

Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated…

3 years ago

Trusts: Cases

Trustee had discretion to assess defense costs to wayward son (Ga. App.) ------------------------------------ Howard McPherson established an irrevocable trust in…

3 years ago

Medicaid: Community Spouse Income Allowance

Hogberg v. State Dep’t of Soc. Servs., 2009 Conn. Super. LEXIS 50 (2009). Lynda Hogberg was admitted to a nursing…

3 years ago

Medicaid: Annuities

James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006). Robert and Josephine James were married when Robert went…

3 years ago

Medicaid: General Principles Explained by the Courts

Harris v. McRae, 448 U.S. 297 (1980). The Medicaid program created by Title XIX is a cooperative endeavor in which…

3 years ago

Cap on noneconomic damages in Medical Malpractice Case was unconstitutional

In Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010), the Georgia Supreme Court considered whether arbitrary limits to…

3 years ago

Elder Abuse: BOOTH v. THE STATE, No. S21A0010 (Ga. May 3, 2021)

In Booth v. State, the Georgia Supreme Court considered the appeal of a daughter convicted of killing her mother. Booth…

3 years ago