In Cupples v. Holmes (Tenn. Ct. App. 3/31/2022), a child’s maternal grandparents alleged they had significant visitation with their grandchild until the mother was admitted to an inpatient rehabilitation facility due to use of illegal drugs. After the father was awarded custody, he prevented the grandparents from visiting. The case was heard without a jury […]
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 […]
February 18th is National Caregiver’s Day! General News Sources: Will Social Security run out of money? Here’s what could happen to your benefits if Congress doesn’t act Georgia AG Carr Warns Georgians to Beware of Romance Scams | FBI Warning North Macedonia President Walks Girl With Down’s Syndrome To School After She Was Bullied What […]
The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust Will, or other document that violates the Rule Against Perpetuities may be invalid in part or in whole, causing anticipated distributions to be uncertain or preventing them from happening at all. See Wikipedia: Rule Against […]
The right to privacy has evolved as America has aged. It began as protection from intrusions into the home. “The Fourth Amendment provides — “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrants shall issue but upon […]
This case concerns a dispute under the Health Insurance Portability and Accountability Act (HIPAA). The issue was whether Plaintiff’s mental and physical condition were in issue by filing a malpractice suit and whether the trial court erred by allowing, but not requiring, ex parte oral communications with health care providers. On appeal the court held […]
This case is a false claims case. Plaintiff filed a motion to compel after Defendant asserted an attorney-client privilege regarding conversations attended by Defendants’ Medicare Compliance Officer. During depositions, Defendant argued that Mr. Istafanous was an agent of the legal department and participated for the purpose of identifying risks and determining appropriate actions based on […]
After Plaintiff sued for negligence, Manor Care moved to disqualify Plaintiff’s counsel. The trial court denied the motion. An application for certiorari was filed and granted. From February 2001 through December 2004, Scott Fischer represented Manor Care defending nursing home cases. At the end of December 2004, Fischer left his prior firm and joined Gordon […]
Plaintiff requested medical records, and the hospital charged $2 per page. Plaintiff objected, citing California Evidence Code § 1158, which provides that a medical provider can charge no more than ten cents per page. Plaintiff then filed a class action alleging that the hospital systematically violated the limitation of charges. The hospital argued that section […]
Enter your name and email address to keep up with what’s new at EZ Elder Law!
P.O. Box 2023
Dalton, Georgia 30722
+1-800-241-8755EzElderLaw is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
