Evidence

Discovery in Medicaid CasesDiscovery in Medicaid Cases

Discovery in Medicaid Cases

As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…

3 years ago
Correcting the Damage Done Before You Got the Medicaid FileCorrecting the Damage Done Before You Got the Medicaid File

Correcting the Damage Done Before You Got the Medicaid File

Taking over a case started by someone else is never my preference. It's far easier to do something correctly the…

3 years ago
Appeal Challenging Georgia’s Equitable Caregiver Statute was mootAppeal Challenging Georgia’s Equitable Caregiver Statute was moot

Appeal Challenging Georgia’s Equitable Caregiver Statute was moot

In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. §…

3 years ago
New Georgia Laws from 2022 Legislative SessionNew Georgia Laws from 2022 Legislative Session

New Georgia Laws from 2022 Legislative Session

The following bills are among those that passed both houses of the Georgia legislature during the 2022 legislative session. Assuming…

3 years ago
Deed found to be valid despite allegations of undue influenceDeed found to be valid despite allegations of undue influence

Deed found to be valid despite allegations of undue influence

In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with…

3 years ago
Bank records discoverable in Power of Attorney DisputeBank records discoverable in Power of Attorney Dispute

Bank records discoverable in Power of Attorney Dispute

In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his…

3 years ago
Probate Court had jurisdiction to construe consent order in the context of Petition to Settle AccountsProbate Court had jurisdiction to construe consent order in the context of Petition to Settle Accounts

Probate Court had jurisdiction to construe consent order in the context of Petition to Settle Accounts

On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There,…

3 years ago
Conviction of Caregiver for Elder Exploitation AffirmedConviction of Caregiver for Elder Exploitation Affirmed

Conviction of Caregiver for Elder Exploitation Affirmed

On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell's conviction for elder exploitation. She was originally indicted…

3 years ago
Summary Judgment Reversed Where Probate Petitioner Offered Contradictory EvidenceSummary Judgment Reversed Where Probate Petitioner Offered Contradictory Evidence

Summary Judgment Reversed Where Probate Petitioner Offered Contradictory Evidence

In In re Estate of Curvan (Ga. Ct. App. A21A1435 2/16/2022), Sharon Lavant offered a July 31, 2019 Will of…

3 years ago

Exemplar Discovery in Contested Petition for Year’s Support

O.C.G.A. § 53-3-5 allows a surviving spouse or minor child to file a claim for Year's Support. Although there are…

3 years ago