Liliana Yearns

Person exercising power of attorney can designate representative to assist in Medicaid matters

The central issue with this Petition for Direct Appeal concerned whether a Medicaid applicant’s daughter, who had power of attorney (POA), could designate the retirement home to assist her mother with Medicaid matters, including the filing of a fair-hearing request.  The State Medicaid agency argued a person with a POA cannot make this type of […]

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Court finds a reasonable person would believe he was under arrest if officer verbally tells him of arrest

The central question in this license-suspension case was whether a driver had been arrested for DUI before or after being informed of his implied-consent rights.  The driver argued he was not under arrest when the implied-consent notice was read, as he had not been handcuffed at the time.  The Court rejected this argument and affirmed

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License suspension reinstated after driver fails to plead guilty to DUI, per settlement agreement

In this case, a driver arrested for DUI initially avoided an administrative suspension of his license by signing an agreement with the arresting officer.  The officer had consented to withdraw the report that triggered the suspension, and in return the driver had agreed to plead guilty to the underlying criminal DUI charge.  Months later, the

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Disabilities and caretaking responsibilities are not sufficient “qualifying activities” for Georgia Pathways

An applicant for Medicaid benefits was found ineligible for the new Georgia Pathways waiver program because she did not meet the “qualifying activities” requirement, for which she must be employed, engaged in job training, or performing community service for a certain number of hours. The applicant appealed this denial, arguing that her disabilities and obligations

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Noncustodial parent unsuccessful in vacating 8-year-old child-support order

A Judge denied a noncustodial parent’s untimely motion to vacate a default child-support order entered against him by this Court more than eight years prior. Because the parent conceded he became aware of the default order only a few months after it had been issued, he did not establish good cause for the years-long delay

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Nonprofit lacks standing to challenge EPD’s issuance of discharge permits  

An environmental nonprofit challenged the Environmental Protection Division’s (EPD’s) reissuance of three general permits allowing stormwater discharge associated with construction activity. The Court dismissed the case, finding that the nonprofit lacked standing to bring the challenge.  Specifically, the nonprofit was not able to demonstrate an actual or imminent “injury in fact” that was traceable to

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