Elder Law

Burial Resources and Life Insurance

The SSI rules are a good beginning point because Medicaid cannot impose rules more restrictive than the SSI rules. SSI…

1 year ago

Approving Settlements for Minors

In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3,…

1 year ago

Marriage, Living in Sin and Common Law Marriage

Obviously, if you follow the law, get a license and have the event officiated, you're married. See O.C.G.A. § 19-3-1…

1 year ago

Elder Law Mishmash June 2023

The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also…

1 year ago

Medicare Open Enrollment

Medicare Open Enrollment takes place each year between October 15th and December 7th. During the Open Enrollment period, you can…

1 year ago

Court Cannot Substitute its Judgment for SNT Trustee’s Judgment as long as the Trustee Act Within Proper Limits

In McGee v. State Dep't of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023),…

1 year ago

Standing in Medicaid and Other Cases

"In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which…

1 year ago

No Right to Fair Hearing Unless You Complain About Something

In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial…

1 year ago

Employees versus Independent Contractors

Many families get this issue confused, but it's serious business for the IRS. In Cardiovascular Center, LLC v. Commissioner of…

1 year ago

Transfer to Trust Subject to Medicaid Transfer Penalty

In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the…

1 year ago