Elder Law

In re Conservatorship of Burnette, 2006 Tenn. App. LEXIS 756 (Tenn. Ct. App. 2006)

The trial court's order replacing a health care agent was affirmed. Resident, an 88 year old Alzheimer's patient, was unmarried…

4 years ago

In re Estate of Smith, 2006 Tenn. App. LEXIS 715 (2006)

A Tennessee case decided November 1, 2006, addresses estate recovery for married individuals. In In re Estate of Smith, Mr.…

4 years ago

Estate of Virginia Ramirez, 2006 N.Y. Misc. LEXIS 4587; 236 N.Y.L.J. 107 (N.Y. Misc. 2006)

This is a motor vehicle case where Plaintiff cited Ahlborn, seeking to avoid reimbursing Medicaid. Decedent was injured in a…

4 years ago

Reed v. Missouri Department of Social Services, Family Support Div.,193 S.W.3d 839; 2006 Mo. App. LEXIS 879 (Mo. Ct. App., E.D., 2006)

In this Medicaid case, the State appealed from a trial court decision. The trial court's finding that the applicant was…

4 years ago

Washburn v. Beverly Enterprises-Georgia, Inc., 2006 U.S. Dist. LEXIS 88628 (S.D. Ga. 2006)

After Plaintiff filed suit, Defendant filed a motion to dismiss, compel arbitration and stay discovery. The magistrate entered a report…

4 years ago

Kelso v. Levitt, 2006 U.S. Dist. LEXIS 26695 (D. Mo. 2006)

Plaintiff contested Medicare's claim under the MSP statute. Initially counsel informed Medicaid by letter that there was no duty to…

4 years ago

Mosley v. Warnock, 282 Ga. 488 (2007)

A jury trial was held to determine whether Mildred Hilton had testamentary capacity to execute a new Will. After the…

4 years ago

Glover v. Liggett Group, Inc., 459 F.3d 1304 (11th Cir. 2006)

Plaintiff brought a claim under 42 U.S.C. Ā§ 1395y(b)(3)(A) to recover funds for the Medicare program attributableĀ to cigarette smoking. The…

4 years ago

Delta Health Group, Inc. v. United States HHS, 459 F. Supp. 2d 1207 (D. Fla. 2006)

CMS sought to impose a civil monetary penalty on the successor of a fined nursing home where the successor accepted…

4 years ago

James v. Richman, 465 F. Supp. 2d 395 (D. Pa. 2006)

A community spouse purchased an actuarially sound single-premium irrevocable annuity for $250,000 for the purpose of spending down excess assets…

4 years ago