In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. § 19-7-3.1. There, the trial court awarded Wendi Clifton, McAlister’s domestic partner, visitation rights to McAlister’s adopted daughter, Catherine. McAlister contended the equitable caregiver statute was unconstitutional facially and as applied to Clifton. McAlister also appealed […]
Blog
In 2020, the DC Circuit Court of Appeals decided Gresham v. Azar, 950 F.3d 93 (2020). There, the Court of Appeals affirmed a District Court decision halting Arkansas Works, a program that imposed work requirements on impoverished adults seeking Medicaid under the ACA expansion. Arkansas Works included new requirements in addition to the much-discussed work […]
O.C.G.A. § 53-7-41 states: “…Every personal representative shall, within 60 days from the date of qualification, publish a notice directed generally to all of the creditors of the estate to render an account of their demands. The notice shall be published once a week for four weeks in the official newspaper of the county in […]
In Weeks v. DHS, Division of Family and Children Services, Office of State Administrative Hearings, Docket 2117014 (April 28, 2021), Brian Center Health and Rehabilitation – Canton, purportedly filed a direct appeal on behalf of Marilu Weeks after her Medicaid application was denied. Judge Teate, in Docket No. 2115533, directed Brian Center to provide evidence […]
The following bills are among those that passed both houses of the Georgia legislature during the 2022 legislative session. Assuming they are signed by the governor, they will either be effective on the date signed or on July 1, 2022, depending on the text of each bill. SB 539 makes it unlawful under O.C.G.A. § […]
In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with “full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done . . . as I might or could do if acting personally.” She also executed a […]
In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his 89-year-old mother under a power of attorney executed on November 14, 2019. Richard Bethune, Donald’s brother, filed an action seeking relief under the Georgia Power of Attorney Act, O.C.G.A. § 10-6B-1 et seq. On appeal, […]