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

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in an investment account to pay his share of capital gains taxes. The case, In re Hunt, E2022-00649-COA-R3-CV, arose during the probate of Dr. Robert McPhail Hunt, Jr.’s estate. Hunt purportedly married Zulkifli Atim in Canada […]

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

Public Chapter 548 (2018), codified in Tenn. Code Ann. § 71-2-115, required the development of a resource map of all services and programs affecting older Tennesseans. The report is intended to better inform the Governor and members of the General Assembly in making policy decisions that affect the State’s elder population. P.C. 548 requires the […]


In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court’s determination that an arbitration agreement could not be enforced. David Welch was a nursing home resident. Prioer to his death, he executed a power of attorney for health care, designating his brother, James Welch, as his health […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate Court’s decision that a testamentary gift was adeemed by extinction. Tom Cone, Jr., died on November 6, 2015. In his Will, he left his interest in a corporation, Cone Solvents, to his sister, Susan Ligon. […]

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 Tennessee attorneys have been certified by NELF. Amelia G. Crotwell 903 N Hall Of Fame Dr., Knoxville, Tennessee 37917-6748 (865) 951-2541 Website Henry D. Fincher […]

Pat Summitt was one of the all-time best coaches in NCAA history. As Head Coach of the University of Tennessee’s Women’s Basket Ball, her win-loss record was 1,098–208 (.841). Tragically, she developed Alzheimer’s disease and died in 2016. Her legacy leaves us with words of wisdom to live by. Here are 25 of her most […]

Plaintiff’s decedent was a nursing home resident who developed severe decubitus ulcers and suffered from dehydration and malnutrition. Plaintiff alleged medical malpractice, negligence per se and third party beneficiary breach of contract. Defendants moved to dismiss and for judgment on the pleadings. Citing Brogdon v. National Healthcare Corp., 103 F.Supp. 2d 1322 (N.D. Ga. 2000), […]

Resident suffered from Alzheimers’s dementia. While he was in the nursing home, he developed a severe scrotal infection. He was taken to the hospital on September 8, 2003 where hospital personnel described his condition as the worst case of neglect they had ever seen. Resident died on November 4, 2003. Suit was filed on September […]

Resident died in April 2000. Suit was filed in February 2002. The action was removed to federal court but was later remanded. Kindred and a hospital defendant argued that the one-year statute of limitations had expired; Plaintiff countered that they were prevented from filing an action within one year because Kindred was in bankruptcy and […]

The trial court denied a motion to compel arbitration because the agent had no authority to execute the arbitration agreement. On appeal, the court found that the health care agent “had the authority to execute on King’s behalf any waiver, release, or other document which may be necessary to implement health care decisions that Daniel […]

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