Cases

Cap on noneconomic damages in Medical Malpractice Case was unconstitutional

In Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010), the Georgia Supreme Court considered whether arbitrary limits to…

4 years ago

Elder Abuse: BOOTH v. THE STATE, No. S21A0010 (Ga. May 3, 2021)

In Booth v. State, the Georgia Supreme Court considered the appeal of a daughter convicted of killing her mother. Booth…

4 years ago

In Terrorem Clause: Giller v. Slosberg (Ga. Ct. App. April 27, 2021)

In Giller v. Slosberg, an elderly father revoked an existing power of attorney, executed a new power of attorney, and…

4 years ago

Unnecessary Institutionalization Prohibited: OLMSTEAD V. L. C. (98-536) 527 U.S. 581 (1999)

In Olmstead v. L.C., 527 U.S. 581 (1999), the Supreme Court turned treatment for individuals with special needs on its…

4 years ago

Cooper v. Trust Company Bank, 257 Ga. 272 (1987)

Trust Company Bank was named trustee of a trust created by Nancy Cooper in 1968. The trust provided that the…

4 years ago

Henderson v. Collins, 245 Ga. 776 (1980)

In 1977, Collins took a judgment against Hunt for $300,000. Collins then sought to enforce the judgment against a Louisiana…

4 years ago

McElrath v. Citizens & Southern Nat’l Bank, 229 Ga. 20 (1972)

A trust sought direction concerning whether it was required to pay for private school tuition. A grandfather established a trust…

4 years ago

What the Courts have said about the Medicaid Program

Medicaid, just one of the sets of rules applicable to most older adults, is one of the most complex laws…

4 years ago

In re the Estate of: Francis E. Barg, a/k/a Francis Edward Barg, 722 N.W.2d 492; 2006 Minn. App. LEXIS 148 (Ct. App. Minn. October 17, 2006)

The husband died six months after the decedent. The decedent had required nursing home care, and she received Medicaid assistance…

4 years ago

Applicants sought MSJ and Injunction where eligibility was denied due to annuity structure

Plaintiffs were a group of couples with one spouse in the nursing home and other spouse still in the community.…

4 years ago