Elder Law

Elder Law and Special Needs Law News Roundup – 8-26-2022

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…

2 years ago

Conservator has exclusive power to bring, defend or participate in lawsuits for a ward

in Hall v. Davis Lawn Care Service, Inc., 314 Ga. 488 (S22G0019 8/23/2022), the Supreme Court unravelled some messy litigation…

2 years ago

Can I get paid to be a caregiver for a family member?

The answer is, yes, maybe. At USA.gov, there are tips for caregiver support including links to programs that could pay…

2 years ago

Form: Consent to Criminal Background Check

Below is an exemplar consent to a criminal background check. These are required in most guardianship cases and some probate…

2 years ago

Georgia Probate Courts have Exclusive Jurisdiction Over The Probate of Wills

In Carpenter v. Carpenter, 276 Ga. 746 (2003), Gloria and Steven Carpenter appealed an order dismissing their Caveat to the…

2 years ago

Who Can Apply for Medicaid?

Who can file An application must be provided to anyone upon request and may be requested in person, by mail,…

2 years ago

Medicaid’s Obligation to Respond to a Medicaid Application

The Department must dispose of each application by a finding of eligibility or ineligibility, unless: (1) there is an entry…

2 years ago

Filing the Medicaid Application

Applicants seeking Medicaid must file a signed application with the Department. At this time, the application can be submitted through…

2 years ago

Right to Notices Regarding Medicaid from the Nursing Home

Carol and Wilbur Post are typical Elder Law clients. Carol married Wilbur more than forty years ago. Recently, Wilbur’s health…

2 years ago

Medicaid decisions should be available to the public

Both O.C.G.A. § 49-4-153(b)(1) and 42 C.F.R. § 431.244(g) require that all Medicaid agency decisions be accessible to the public,…

2 years ago