Elder Law

Leqembi Approved by FDA

The FDA has approved Leqembi (Lecanemab) for patients with mild dementia and other symptoms caused by early Alzheimer's disease. Approval…

1 year ago

IRS says “Wait a Minute” on Stepping-up Basis for Assets in Irrevocable Trust

Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get…

1 year ago

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

1 year ago

Relationships and Information Overload

Here are a few stats: The average shopper sees 4,000 ads in a day. The average person is interrupted once…

1 year ago

Family Acrimony Deemed Sufficient to Disregard Nomination of Guardian

In In re Wheeler (Ga. Ct. App. 6/6/2023), the Court of Appeals upheld the Probate Court's decision that (1) there…

1 year ago

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

1 year ago

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

1 year ago

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

1 year ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

1 year ago

Updated Fact Sheet on Medicare Nursing Home Benefit

Medicare includes a nursing home benefit of up to 100 days following a qualifying hospital stay. The Medicare rehabilitation benefit…

1 year ago