Recently, my dad died. While I was driving back from being sworn in as his executor, I got a call. My father-in-law, who is a very smart man, was at the bank about to take money to some scumball because he thought he was about to be arrested. Yes, the scammers are now impersonating the […]
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In Georgia, an individual has legal capacity to make a Will “when the testator has a decided and rational desire as to the disposition of property.” O.C.G.A. § 53-4-11(a). Georgia also recognizes that capacity is fluid and the testator may be able to make a Will even when he or she is unable to enter […]
Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221) and amended in 2018 (HB 897). It is codified at O.C.G.A. § 10-6B-1 et seq. The Act was effective as of July 1, 2017. It does not apply to powers of attorney executed prior to the effective date, but powers […]
In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the U.S. Supreme Court was asked to review North Carolina’s attempt to tax an out-of-state trust. Justice Sotomayor, writing for a unanimous court, said the case was about the limits of a State’s power to tax a trust. “The North Carolina […]
Medicaid is critical for individuals with special needs. It pays for things no one else will pay for and it has recently come under fire. The Arc is working to protect Medicaid for its constituents. It is activating advocates to protect services for the disability community. It is also seeking donations to further its efforts. […]
Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare beneficiaries. This is known as Medicare Secondary Payer (MSP). Although the issue arises in other contexts, for Elder Law Attorneys, it usually comes up when an injury claim or a worker’s compensation claim is resolved. For that reason, this post […]
If you follow Women’s College Basketball, then you must have heard of Pat Summitt. Coach Summit was a legend in NCAA women’s basketball prior to leaving the game due to early-onset Alzheimer’s disease. Now, there is a rumored new documentary on Netflix that recounts her journey from player to becoming a legend at the University […]
House Bill 1292 (HB 1292) now imposes new duties on Georgia Notaries effective January 1, 2025. The new law is designed to ensure that deeds, mortgages, liens, maps, plats and state executions are properly authenticated. O.C.G.A. Section 44-2-2 defines “self-filers” as any person who is not exempt. Exempt persons are insurance agents, attorneys, banks, lenders, […]
