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Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled by their handler or if they are not house broken. See Title II, Section 35.136. Usually service animals must be harnessed, leashed or tethered unless the individual’s disability prevents using those devices or unless it […]

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (“ADA”), a comprehensive civil rights law prohibiting discrimination on the basis of disability. The law was amended on September 25, 2008, when President George W.Bush signed into law the Americans with Disabilities Amendments Act of 2008 (ADA […]

In City of Grants Pass, Oregon v. Johnson (U.S. 6/28/2024), the U.S. Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. This decision followed the City of Grants Pass’ adoption of an ordinance restricting homeless individuals from camping […]

Last year we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC) was headed to the Supreme Court. On June 8, 2023, the U.S. Supreme Court issued its opinion, affirming the Seventh Circuit, and held that the Federal Nursing Home Reform Act (FNHRA) is enforceable under 42 U.S.C. § 1983. Justice Jackson […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries -Georgia Medicaid Manual

The dictionary definition of “signature” is “a person’s name written in a distinctive way as a form of identification in authorizing a check or document or concluding a letter.” There are no grades for penmanship when signing legal documents. Your signature is your mark, which is exactly how Georgia law defines it: “Signature” or “subscription” […]

Gibbs

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]

Ali

We regularly post links to news articles and other resources that related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles […]

Gibbs

We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

In Washington v. Glucksberg, 521 U.S. 702 (1997), the U.S. Supreme Court held that Washington’s prohibition against causing or aiding a suicide does not violate the Fourteenth Amendment to the United States Constitution. In Glucksberg, the Court found assisting with a suicide had always been a crime in Washington State and that it remainde a […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

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 […]

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