Wednesday, October 11, 2017

Cases raise questions about guardian oversight and lawyer-hospital relationships

From the ABA Journal: "Cases raise questions about guardian oversight and lawyer-hospital relationships."

This is only an overview of the some of the problems with ethics and due process in guardianship law. Ultimately, judges need to take a careful look at all the cases before them.

Tuesday, September 12, 2017

Legal advice from Mother Goose

Rule 2.1 of the Georgia Rules of Professional Conduct provides that "In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. A lawyer should not be deterred from giving candid advice by the prospect that the advice will be unpalatable to the client." Comment 2 explains as follows:

Friday, August 25, 2017

Health savings accounts now exempt in Georgia bankruptcy

Health savings accounts and medical savings accounts are now specifically exempt for individuals filing for bankruptcy protection in Georgia bankruptcy cases (i.e., when Georgia bankruptcy exemptions apply). Senate Bill 87 was passed by the General Assembly and signed by Governor Deal this year for a July 1 effective date. There is no dollar limit on the amount of this exemption, though it is tied to accounts which are defined by the Internal Revenue Code or a law called the Georgia Affordable HSA Eligible High Deductible Health Plan Act.

Formerly, the funds in an HSA or MSA could only be exempted potentially up to $10,000 as a "wild card" exemption, which is a "catchall" exemption for any type of property which did not have its own special category of exemption (such as jewelry, motor vehicles, or retirement accounts). Since the use of the medical funds are restricted and used for a debtor's support needs, this is a very good policy development in Georgia which was long overdue.