Elder Law

Georgia’s Medicaid Lien Attaches to Entire Recovery

In Richards v. Georgia Department of Community Health, 278 Ga. 757 (2004), a class of plaintiffs sued DCH contending that…

3 years ago

Georgia Guardianship Code Grants a Guardian Authority to Enter Into a Binding Pre-Dispute Arbitration Agreement

In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC…

3 years ago

News Round-up – October 5, 2021

News Sources: Covid-induced life changes leave millions of Americans worried about money IRS Continues Focus on Cryptoassets Georgia Attorney General…

3 years ago

Robert C. Port, Super Lawyer – Selecting An Investment Advisor

Robert C. Port is a business litigation attorney practicing with Gaslowitz Frankel, LLC. He is author of Georgia Business Litigation…

3 years ago

Medicaid: Deeming Terminates After Eligibility is Established

Deeming Terminates After Eligibility Is Established. Four years later, the Duprees were back in Court. At the annual review on…

3 years ago

Medicaid: Homeplace Exemption

Which Home is the Homeplace? Pernie Dupree entered a nursing home on September 11, 2009. Prior to her admission, she had…

3 years ago

Medicaid: Pooled Trust Subaccount Established for Individual Over 65

Pooled Trust Subaccount Established for Individual Over 65yo. An 83 year old deposited $12,320 into a pooled trust in August…

3 years ago

Medicaid: No Penalty on Transfer to Disabled Child; Previously Unknown Resource Exempt

Direct Transfer to Disabled Child; Previously Unknown Resource. Applications for Medicaid were filed on November 24, 2008 and January 8,…

3 years ago

Medicaid: Annuity; Transfer Penalty for Failing to Name State as Beneficiary

Annuity; Transfer Penalty for Failing to Name State as Beneficiary. Petitioner, a 95 year old nursing home resident, applied for…

3 years ago

Medicaid: Single Premium Life Insurance Policy; Penalty Reversed

Single Premium Life Insurance Contract; Penalty Reversed. On November 5, 2008, Petitioner filed an application to purchase a Single Premium…

3 years ago