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The answer is that it depends on how you report the payment. It is illegal for a non-lawyer to practice law without a license. O.C.G.A. § 15-19-51. For that reason, a non-lawyer cannot legally give you anything of value if he or she is charging you for services that are considered the practice of law. […]

The ABLE Act has slowly rolled out as different States look to implement it. Georgia currently has two bills in the House that would allow Georgia residents to establish ABLE accounts. We have posted an article for individuals seeking information regarding the ABLE Act. You can find it at: https://www.mcguffey.net/able-act-versus-special-needs-trusts If you have questions about […]

Alzheimer’s Disease is a neurocognitive disorder. It is one of many different types of dementia and is described in the APA’s Diagnostic and Statical Manual of Mental Disorders. Specific criteria are required for either a probable or possible diagnosis. A probable diagnosis includes family history of the disease, plus clear evidence of loss of memory, […]

If you think Medicaid is confusing, you have some good company. A number of federal judges have arrived at the same conclusion. The following quote appears in Cherry v. Magnant, 832 F. Supp. 1271 (S.D. Ind. 1993): The federal and state Medicaid statutes have been described as the regulatory equivalent of the “Serbonian bog.” See John […]

If you are searching for answers regarding health reform, otherwise known as Obamacare, one of the best places to look is on the Kaiser Family Foundation website. At their Frequently asked questions page (http://kff.org/health-reform/faq/health-reform-frequently-asked-questions/), KFF answers questions such as “Can I be charged more if I have a pre-existing condition?” (http://kff.org/health-reform/faq/health-reform-frequently-asked-questions/#question-can-i-be-charged-more-if-i-have-a-pre-existing-condition). Other more general information […]

Certain individuals are required to report elder abuse, or abuse of an at-risk disabled adult. In that regard, Georgia law provides as follows: O.C.G.A. § 30-5-4.  Reporting of need for protective services; manner and contents of report; immunity from civil or criminal liability; privileged communications (a) (1) (A) The following persons having reasonable cause to […]

Self-neglect is characterized as the behaviors of an elderly person that threaten his/her own health or safety. Self-neglect generally manifests itself in an older person’s refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, safety, personal hygiene, and medication (when indicated). For the purpose of this study, the definition of self-neglect excludes […]

Neglect is the refusal or failure to fulfill any part of a person’s obligations or duties to an elder. Neglect may also include a refusal or failure by a person who has fiduciary responsibilities to provide care for an elder (e.g., failure to pay for necessary home care service, or the failure on the part […]

Abandonment is the desertion of an elderly person by an individual who has assumed responsibility for providing care or by a person with physical custody of an elder. Signs and Symptoms of abandonment The desertion of an elder at a hospital, nursing facility, or other similar institution The desertion of an elder at a shopping […]

Financial or material exploitation is the illegal or improper use of an elder’s funds, property, or assets. Examples include but are not limited to cashing checks without authorization or permission; forging an older person’s signature; misusing or stealing an older person’s money or possessions; coercing or deceiving an older person into signing a document (e.g., […]

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