Evidence

Discovery in Medicaid Cases

As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…

2 years ago

Correcting the Damage Done Before You Got the Medicaid File

Taking over a case started by someone else is never my preference. It's far easier to do something correctly the…

2 years ago

Appeal Challenging Georgia’s Equitable Caregiver Statute was moot

In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. §…

3 years ago

New Georgia Laws from 2022 Legislative Session

The following bills are among those that passed both houses of the Georgia legislature during the 2022 legislative session. Assuming…

3 years ago

Deed found to be valid despite allegations of undue influence

In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with…

3 years ago

Bank records discoverable in Power of Attorney Dispute

In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his…

3 years ago

Probate Court had jurisdiction to construe consent order in the context of Petition to Settle Accounts

On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There,…

3 years ago

Conviction of Caregiver for Elder Exploitation Affirmed

On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell's conviction for elder exploitation. She was originally indicted…

3 years ago

Summary Judgment Reversed Where Probate Petitioner Offered Contradictory Evidence

In In re Estate of Curvan (Ga. Ct. App. A21A1435 2/16/2022), Sharon Lavant offered a July 31, 2019 Will of…

3 years ago

Exemplar Discovery in Contested Petition for Year’s Support

O.C.G.A. § 53-3-5 allows a surviving spouse or minor child to file a claim for Year's Support. Although there are…

3 years ago