When you're looking at investing, there is no substitute for qualified competent advice. Having said that, educating yourself is always…
My thoughts on investing may or may not help you. I don't claim to be a financial expert and I…
Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides: (a) Other than an emergency…
Researchers use generational cohorts to identify and analyze changing views over time. A typical generation spans 15 to 18 years…
Valid Reasons for an Involuntary Nursing Home Discharge One thing that strikes fear in the hearts of families caring for…
As of April 1, 2026, the Georgia Medicaid penalty divisor will increase from $10,798 to $11,122. This is sometimes called…
How do nursing homes get paid? Sick people go to nursing homes and sick people die. According to the American…
Some Medicaid classes of assistance do not require verification, but most long-term care classes of assistance do. Verification documentation includes…
The Estate Recovery Rules vary from State to State. The federal minimum requires states to pursue recovery from the probate…
Georgia Guardianship law presupposes that the guardian must act in the best interests of the Ward. In that regard, O.C.G.A.…
Medicaid is the payer of last resort so applicants have, historically, been required to apply for all other benefits before…
Effective January 1, 2026, the Community Spouse Resource Allowance will increase to $162,660.00. The combined resource allowance will increase to…
In some cases, no one can be found who will consent to medical procedures for a patient. O.C.G.A. § 29-4-18…
If an emergency guardianship is warranted, O.C.G.A. § 29-4-16 sets the requirements for how the hearing is conducted. O.C.G.A. §…
In Matter of Doze, 717 SW 3d 240 (2025), a Missouri Court affirmed the decision below appointing Queen Doze's father…
All things being equal, a Petition for Emergency Guardianship should be denied in favor of a permanent petition. The reason…
In Estate of Sanders, decided on April 8, 2025, Mollie Anne Sanders, surviving spouse of Tony Lee Sanders, filed a…
Petition for Appointment of Emergency Guardian An emergency petition usually begins as an ex parte proceeding. In limited circumstances, an…
How the Phrase "Other Obligations" Made Special Needs Trust Invalid Christopher W. G was denied Supplemental Security Income when his…
Requirements of Order Granting Guardianship The Order included with Standard Form 12 includes the required elements found in O.C.G.A. §…
Judicial Review of Pleadings and Evaluation Report The prejudice is that petitions for guardianship and conservatorship should be denied. That…
Can I help my parent create a Will? The answer is yes and no. Yes, you can help to the…
Prerequisite Judicial Finding of Probable Cause The presumption under Georgia law is that a guardianship is unnecessary and should be…
Last updated 9/5/2025 Petition for Appointment of Guardian In Georgia, a Petition for Guardianship is filed on Georgia Probate Standard…
The ultimate test in determining who should be appointed as guardian is "who will best serve the interest of the…
There are times, especially when probating older Wills, when you need signatures from the subscribing witnesses, but you can't find…
Only individuals or the Department of Human Services may serve as guardian. Although not expressly spelled out, only someone capable…
In Georgia, when determining whether a guardianship is necessary, the Court looks solely at capacity. Disability alone is not sufficient…
Last updated 9/2/2025 Georgia Guardianship and Conservatorship When interpreting Georgia's Guardianship and Conservatorship Code, definitions are critical. In Couch v.…
In In re Estate of Jenkins, 366 Ga. App. 628 (2023), Gary Jenkins was living in an assisted living facility…
In Garner v. Acadia Healthcare Company, Inc., 370 Ga. App. 146 (2023), Appellants alleged that William had been missing since…
The general rule is that "an award of attorney fees and expenses of litigation are not available to a prevailing…
In In Re Estate of Henry, 366 Ga. App. 638 (2023), Charles Henry executed a new Will in 2017, revoking…
In Bell v. Hargrove, 313 Ga. 30 (2021), Bell applied for a weapons carry permit. The Probate Court denied the…
In In re Dallas, 369 Ga. App. 553 (2023), the Probate Court denied a Petition for Year's Support. In Georgia,…
We previously reported on In re Estate of Curvan, 362 Ga. App. 665 (2022). This case made its way back…
There is no right to appeal a case until a final Order is entered. In Long v. City of Madison,…
In many cases in involving the Probate Court, the moving party must present clear and convincing evidence to prevail. But…
In In re Stroud, 361 Ga. App. 736 (2021), Shawn Stroud married Chelsea Lawson. At the time, Stroud's legal name…
In In re Bruni, 369 Ga. App. 488 (2023), the adult children of a proposed ward filed a petition for…
In In Re Estate of Kurtzman, 366 Ga. App. 725 (2023), Bette Kurtzman, 85 years old, had dementia and was…
Moratorium on Nursing Home Staffing Standards On July 4, 2025, the One Big Beautiful Bill Act was signed into law.…
There are a few major changes for elders in the One Big Beautiful Bill Act. First, as discussed in numerous…
Recent Supreme Court Medicaid Case In Medina v. Planned Parenthood South Atlantic (US 6/26/2025), the Supreme Court decided that two…
As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S.…
Improper Use Spoils Trust Is it possible to spoil a trust by misusing it? The answer was "yes" in S.P.…
2025 Legislative Changes During its 2025 session, the Georgia Legislature passed, and the Governor signed, two new laws impacting guardianships…
ADLs and IADLs Activities of Daily Living and Instrumental Activities of Daily Living describe basic skills for getting through the…
Planning for Adult Children with Disabilities Childhood Disability Benefits assist disabled children and adults who became disabled prior to age…
Video Wills You might wonder whether you can make a video recording of yourself stating who gets your stuff and…