Elder Law

Medicare must cover off-label use of prescription drug says 11th Circuit

Donald Dobson has Medicare. He also has intractable and severe nausea and vomiting, which interfere with his ability to function…

3 years ago

Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a…

3 years ago

Arbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competency

In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court's determination that…

3 years ago

Testamentary Gift Adeemed by Extinction

In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate…

3 years ago

Irrevocable Trust was not an available resource when determining Medicaid eligibility

In Geyen v. Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen's application for Medicaid was…

3 years ago

Medicaid Annuity Cases on Appeal in Massachusetts

In American National Life Insurance Company v. Breslouf (Mass. Super. 6/3/2021), a Community Spouse named Julius Breslouf purchased a Medicaid…

3 years ago

Probate Court had jurisdiction to construe consent order in the context of Petition to Settle Accounts

On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There,…

3 years ago

News Roundup – 2/25/2022

February is American Heart Month! Read President Biden's Proclamation on American Healrth Month 2022 We regularly post links to news…

3 years ago

Conviction of Caregiver for Elder Exploitation Affirmed

On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell's conviction for elder exploitation. She was originally indicted…

3 years ago

Presumptive Eligibility Medical Assistance Federal Poverty Levels for 2022

The Georgia Department of Community Health recently announced the 2022 Presumptive Eligibility Medical Assistance Federal Poverty Levels. These new income…

3 years ago