Unless the applicable Probate Court requires a different form, the following form may be used when preparing an estate inventory…
The following form may be used when seeking authority to open a safety deposit box after a decedent's death to…
When you file a Petition to Probate a Will or for Letters of Administration, you must give notice to the…
In Georgia, a Will must be self-proved or the witnesses to the Will must either sign written witness interrogatories or…
When you file a Petition to Probate a Will or a Petition for Letters of Administration in Georgia, you must…
In Georgia, anyone in possession of an original Will after the Will-maker's death, must file it with the appropriate Probate…
The following notices are routinely included with other correspondence from Tenncare. Below are Tenncare's notices regarding: (1) Estate Recovery, (2)…
In In Re Estate of Penland, 357 Ga. App. 369 (2020), the probate court found that James Ray and Eloise…
Estate Planning and Estate Tax News: The simple four step guide for estate planning How to get your affairs in…
Attorney David McGuffey and the Elder Law Practice of David L. McGuffey, LLC recently announced the launch of EZElderlaw.com. DALTON,…
In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father's…
Appeal Route From Article 6 Probate Court In Spence v. Dep't of Behavioral Health and Developmental Disabilities, 359 Ga. App.…
In In re Estate of Brown, 357 Ga. App. 869, 850 S.E.2d 503 (2020), the Fulton County Probate Court appointed…
In 2021 we said goodbye to many well-known celebrities - some famous and some infamous. This list includes many of…
By statute, Georgia law provides that "No common-law marriage shall be entered into in this state on or after January…
In In re Estate of Cornett, 357 Ga. App. 310 (2020), Sarah Cornett was appointed successor Executor over the Will…
In addition to a health care advance directive, one way to create evidence regarding your health treatment wishes and end-of0life…
If you want someone to represent you in front of the IRS, you will need to execute Form 2848. The…
In In re Estate of Burkhalter, 354 Ga. App. 231 (2020), William Burkhalter was executor of the estate of Louise…
In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an…
What you know about paying for long-term care?
An Ethical Will is a statement of values you want to pass along to those you leave behind. It is…
One gift you can give your family is a guide to what you want (and don't want) after you die.…
The key to successful special needs planning is preparing for the day when parents, grandparents, spouses or others are no…
In Georgia, a Conservator must file an annual return and a final return. The current form appears below. For the…
The Bureau of Consumer Financial Protection issued a new debt collection rule effective November 30, 2021. The final rule revises…
As of December 21, 2021, Georgia has changed its Estate Recovery Program rules under Title 49 O.C.G.A. § 49-4-147.1. This…
As of December 15, 2021, Georgia Medicaid renewals have been extended again due to Covid-19.
In Georgia and 26 other states, insurers that sell Medicare supplement insurance must also sell those policies to individuals under…
General Sources: Autism Society's Capital Connection 12-16-2021 (reviewing Build Back Better Act) National Health Care Spending in 2020: Growth Driven…
The Arc of the United States has posted more than 40 video programs designed to provide online activities for individuals…
The standards for the 2022 Community Spouse Resource Allowance and Community Spouse Monthly Income Allowance have been updated in the…
General News Sources: NAELA member Janet Colliton, CELA, wrote Eligible Charity Distribution can reduce taxes Lack of special ed teachers…
The HIPAA privacy rule is not absolute. It recognizes that certain disclosures are beneficial, such as those where information must…
The Olmstead case was brought by two Georgia women whose disabilities include mental retardation and mental illness. At the time…
A parent or a guardian (each a “designated individual”) may appoint a standby guardian of a minor. O.C.G.A. § 29-2-10.…
A new Medicaid lien case is pending in the U.S. Supreme Court. The question presented is "[w]hether the federal Medicaid…
The cases discussed here make clear the importance of making health decisions in advance and communicating them. Too often, decisions…
A POLST form is a legally sufficient medical order that health care providers and health care facilities may use in…
Georgia law (O.C.G.A. § 31-39-1 et seq.) defines a candidate for non-resuscitation as a patient who, based on a determination…
Nursing home residents and their personal representatives have a right to stay informed regarding their condition and their care. 42…
The worksheet below is not intended as a substitute for legal advice. It requires an understanding of the Medicaid budgeting…
The Build Back Better Act passed the U.S. House of Representatives on Friday, November 19, 2021 on a mostly party-line…
Attorneys are certified as Certified Elder Law Attorneys by the National Elder Law Foundation. NELF lists the criteria for being certified…
The U.S. Department of Housing and Urban Development (HUD) administers a number of programs to assist low-income families, older adults…
The procedure commonly referred to as a “1013” is governed by O.C.G.A. Title 37, Chapter 3 (§ 37-3-41 et seq).*…
An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having…
Gifting is usually a last resort when creating a Medicaid Plan. The reason is gifts trigger a transfer of resources…
News Sources: Elder Law Attorney Daniel Tully has 9 questions you should ask before you or a loved one goes…