The U.S. Department of Justice (DOJ) this month introduced a new initiative that will incorporate law enforcement efforts with other federal agencies to address fraud schemes that target the elderly. The Transnational Elder Fraud Strike Force will feature an amalgamation between the DOJ’s Consumer Protection Branch, U.S. Attorneys’ Offices for six federal districts, the FBI, […]
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Annuities are complex financial products which frequently earn the seller high commissions. Because commissions are high, salesmen frequently use high-presure tactics. A recent article in the Pittsburg Post Gazette discribes how many seniors are harmed by abusive sales tactics. “He never explained to us the penalties and fees we would have to pay,” Ms. Welsh […]
We’ve posted a new paper titled Legal Considerations for Older Adults, Special Needs Individuals and Family Caregivers: 2018. https://www.mcguffey.net/pdf/Legal_Considerations_for_Family_Caregivers.pdf
On January 29, 2018, CNN reported that a British Court ruled in favor of doctors, and against parents, holding that doctors could withdraw life support for a severely disabled child. Baby Isaiah was born by emergency cesarean after his mother experienced a rupture in her uterus. At birth, he had no audible heartbeat or respiration, […]
On December 28, 2017, CNN reported the beating of an eighty-six year old man with dementia who was a resident in an assisted living facility. Apparently a younger resident accused the older gentleman of eating his cupcake. The younger resident then beat the older man more than 50 times during a two minute period. No […]
A video clip from Dr. Phil shows him interviewing the wife of someone with a chronic illness, pointing out the strain on caregivers. One of the points made is that you can’t give what you don’t have, so you must make time to take care of yourself. The clip is available at the following link. https://vimeo.com/239019698/d545b4d937 […]
Have you ever wondered what’s different about a Certified Elder Law Attorney and other lawyers? The following article describes the rigorous examination, which is only one element of the process. http://www.nelf.org/the-cela-exam-no-harder-than-it-needs-to-be/
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), […]
