There are times, especially when probating older Wills, when you need signatures from the subscribing witnesses, but you can’t find them. Maybe they’ve died or they moved away. Maybe the signatures were illegible, and you don’t have good contact information. In cases like this O.C.G.A. § 53-5-24 provides for a workaround. Specifically, it provides: When […]
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Only individuals or the Department of Human Services may serve as guardian. Although not expressly spelled out, only someone capable of fulfilling the duties of a guardian may serve, as explained in In re Estate of Jenkins, 366 Ga. App. 628 (2023). O.C.G.A. § 29-4-2 provides: (a) Only an individual may serve as guardian of […]
In Georgia, when determining whether a guardianship is necessary, the Court looks solely at capacity. Disability alone is not sufficient to impose a guardianship. There is no presumption that a guardianship is necessary. The appointment of a guardian must be in the Ward’s best interests. Further, Courts are required to structure the guardianship to encourage […]
Last updated 9/2/2025 Georgia Guardianship and Conservatorship When interpreting Georgia’s Guardianship and Conservatorship Code, definitions are critical. In Couch v. Red Roof Inns, Inc., 291 Ga. 359 (2012), the Georgia Supreme Court said “[T]he fundamental rules of statutory construction … require us to construe a statute according to its terms, to give words their plain […]
In In re Estate of Jenkins, 366 Ga. App. 628 (2023), Gary Jenkins was living in an assisted living facility due to his severe memory and mental health problems. His spouse filed a Petition for Guardianship and Conservatorship after Mr. Jenkins impersonated a police officer and, as a result, was admitted to a memory care […]
In Garner v. Acadia Healthcare Company, Inc., 370 Ga. App. 146 (2023), Appellants alleged that William had been missing since his discharge from the facility and that Appellees breached a duty of care owed to William to keep him safe. The Appellee/Defendant filed a motion to dismiss for failure to state a claim. The Superior […]
The general rule is that “an award of attorney fees and expenses of litigation are not available to a prevailing party unless authorized by statute or contract.” Cary v. Guiragossian, 270 Ga. 192, 195(4), 508 S.E.2d 403 (1998). Georgia law generally follows federal law, allowing the Court to sanction parties and their attorneys for frivolous claims, defenses […]
In In Re Estate of Henry, 366 Ga. App. 638 (2023), Charles Henry executed a new Will in 2017, revoking his Will from 2007. Charles had divorced his previous wife, leaving substantially all of his estate to his two children, Tenika and LaRon. In 2011, Charles married Shirley. An antenuptial agreement was executed, although the […]
In Bell v. Hargrove, 313 Ga. 30 (2021), Bell applied for a weapons carry permit. The Probate Court denied the application because a prior arrest indicated he might be a domestic abuser, but there was nothing in his criminal history report indicating how the charges were handled. Bell filed a mandamum action, which the Supreme […]
In In re Dallas, 369 Ga. App. 553 (2023), the Probate Court denied a Petition for Year’s Support. In Georgia, there is no spousal right to a portion of a decededant’s estate. Instead, the surviving spouse and any dependent children may file a Petition for Year’s Support. The purpose of year’s support is to provide […]
