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Certified Elder Law Attorneys in Florida

(Current as of January 25, 2022) Attorneys are certified as Certified Elder Law Attorneys by the National Elder Law Foundation. NELF lists the criteria for being certified on its website at the following link: Qualifications Summary. The following Florida attorneys have been certified by NELF: Vicki Joiner Bowers Bowers and Associates, PA 6789 Southpoint Pkwy, Ste 300 […]

Administrative Law: Who Decides What the Law Means?

In 1984, the U.S. Supreme Court decided Chevron v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron concerned an EPA environmental regulation. The amended Clean Air Act required these “nonattainment” States to establish a permit program regulating “new or modified major stationary sources” of air pollution. Generally, a permit may not be issued […]

News Roundup 1-21-2022

General News Sources: Oldest person in the US reportedly dies at 115 Supreme Court declines to hear case of Delphi retirees over lost pensions Big pensions are nearly 100% funded, the healthiest they’ve been since 2008 financial crisis Pre-tax vs. Roth 401(k): There’s more to consider than you think Widow’s dilemma: When to claim Social […]

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 rarely objections, if someone contests the Petition, then the Petitioner must prove entitlement. Georgia appellate courts state the “intent [of year’s support] is to protect the family survivors from a reduction in their standard of […]

Probate Court erred when it imposed fine of more than $19,000 for contempt

In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father’s Will. Other family members filed an objection and caveat. Ultimately the case was settled with Butler agreeing to offer her late father’s will in Vermont in order to transfer a parcel of real estate located […]

Appeal Route From Article 6 Probate Court is to Court of Appeals

In Spence v. Dep’t of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed as a hospital inpatient. Spence sought review after the Department sought an order of continued hospitalization of Spence pursuant to OCGA § 37-3-83. On April 18, 2019, the Muscogee County Probate Court entered an order […]

Probate Court May Restrict a Conservator’s Power to Spend Ward’s Income

In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an infant due to malpractice. Jenkins received a settlement giving him annual income of $337,000 (or about $28,000 per month). The probate court limited the Conservator’s spending to $17,000. In 2019, the Conservator purchased a disabled-accessible […]

Debt Collection Rule

The Bureau of Consumer Financial Protection issued a  new debt collection rule effective November 30, 2021. The final rule revises Regulation F, which implements the Fair Debt Collection Practices Act (12 CFR Part 1006). The new rule requires a validation notice which must include information like: Name and mailing information of the debt collector Name […]

News Roundup – December 16, 2021

General Sources: Autism Society’s Capital Connection 12-16-2021 (reviewing Build Back Better Act) National Health Care Spending in 2020: Growth Driven by Federal Spending in Response to Covid-19 (Health Affairs) House Advances Build Back Better Act (Health Affairs) Indirect Gift Tax Considerations for 2021 (The Tax Advisor) Smart moves to make with your retirement portfolio before […]

Medicaid Liens Revisited: Gallardo v. Marstiller

A new Medicaid lien case is pending in the U.S. Supreme Court. The question presented is “[w]hether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical […]

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