The SEC approved: (1) the adoption of new FINRA Rule 2165 (Financial Exploitation of Specified Adults) to permit members to place temporary holds on disbursements of funds or securities from the accounts of specified customers where there is a reasonable belief of financial exploitation of these customers; and (2) amendments to FINRA Rule 4512 (Customer […]
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Lola Norton was a nursing home resident. After her death, her husband brought a wrongful death claim against PruittHealth – Taccoa. The alleged injuries are unimportant for purposes of this blog article. The nursing home responded to the lawsuit by showing where Kim, Lola’s daugher and agent under Lola’s power of attorney, signed an arbitration agreement. […]
In Fry v. Napoleon Community Schools (February 23, 2017), the Supreme Court unanimously ruled that Ehlena Fry, a child with cerebral palsy, should have her day in court to argue that “Wonder,” her service dog, may accompany her to school. Wonder is a trained service dog, recommended by Ehlena’s pediatrician. Wonder, a goldendoodle, helps Ehlena to […]
VA Pension benefits, which includes VA Aid & Attendance, requires 90 days of active duty and at least one of those days must have been during a wartime period. Under current law, VA recognizes the following wartime periods to determine eligibility for VA Pension benefits: Mexican Border Period (May 9, 1916 – April 5, 1917 […]
The application for extra assistance paying for prescription drugs is at: https://secure.ssa.gov/i1020/start You should complete this application for Extra Help on the Internet if: You have Medicare Part A (Hospital Insurance) and/or Medicare Part B (Medical Insurance); and You live in one of the 50 States or the District of Columbia; and Your combined savings, […]
Filial responsibility is a name given to laws that make third parties (usually adult children) responsible for support for indigent family members. These laws are based on English “poor laws” from the 16th Century. Many states, including Georgia, have these laws on the books. Georgia’s version, however, has been a toothless tiger for the most […]
The Special Needs Trust Fairness Act (Section 5007 of the 21st Century Cures Act) was signed by President Obama on February 13, 2016. The Act changes a provision relating to self-settled special needs trusts that formerly prevented the disabled individual from establish his or her own special needs trust. Prior to February 13, 2016, the […]
Recently, the 11th Circuit Court of Appeals decided a case (Key Equipment Finance, Inc. v. Overend) that causes us to revisit the question of spousal liability. We care because the 11th Circuit (a federal appeals court) covers Georgia, and the case involved a question of Georgia law. George Overend borrowed money from KeyBank to finance […]
Many families assume that one spouse is liable for the other’s debt. In Georgia, that’s typically not the case. O.C.G.A. § 19-3-9 specifically provides that the separate property of each spouse shall remain the separate property of that spouse, except in limited circumstances. In Walton Elect. Membership Corp. v. Snyder, 226 Ga. App. 673 (1997), […]
