August 2017

Transfer penalty inappropriate because real property was sold for current market value.

A nursing home resident proved that his property was worth significantly less than was alleged by the Division of Family and Children Services by submitting the affidavit of a realtor and a retroactive broker’s price opinion.  Therefore, DFCS’s assessment of a transfer of assets penalty was inappropriate.

Transfer penalty inappropriate because real property was sold for current market value. Read More

Testimony of two witnesses sufficient to overcome DUI suspect’s claim that she was not driving.

The state established that a driver had been operating her vehicle while intoxicated, despite the fact that the arresting officer never actually witnessed her driving, by presenting two witnesses who testified that they had witnessed the driver operate her vehicle, become involved in a collision, and quickly park her car before the officer arrived.

Testimony of two witnesses sufficient to overcome DUI suspect’s claim that she was not driving. Read More

City of Alpharetta officer did not have jurisdiction to arrest driver at her home in Roswell.

A driver who was involved in a collision in Alpharetta left the scene of the accident and returned to her home in Roswell.  The Alpharetta officer who investigated the collision subsequently arrested the driver for DUI at her home in Roswell.  This arrest was improper and invalidated the resultant suspension of the driver’s license, because

City of Alpharetta officer did not have jurisdiction to arrest driver at her home in Roswell. Read More

Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support.

When determining the amount a nursing home resident must pay each month toward the costs of care in a nursing facility, if the resident has a community spouse and a valid court order of support against the resident exists, DFCS must first deduct the amount of that order from the resident’s monthly income.  If the

Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support. Read More

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