Elder Law

Medicaid Estate Recovery – 50 States

The Estate Recovery Rules vary from State to State. The federal minimum requires states to pursue recovery from the probate…

3 days ago

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the Ward. In that regard, O.C.G.A.…

1 week ago

Georgia Medicaid Applicants No Longer Required to Apply for Other Benefits

Medicaid is the payer of last resort so applicants have, historically, been required to apply for all other benefits before…

2 weeks ago

2026 Community Spouse Income and Resource Allowances

Effective January 1, 2026, the Community Spouse Resource Allowance will increase to $162,660.00. The combined resource allowance will increase to…

2 weeks ago

Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for a patient. O.C.G.A. § 29-4-18…

2 weeks ago

Conduct of emergency guardianship hearing; limitations on emergency guardianship; O.C.G.A. § 29-4-16

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. §…

2 weeks ago

Guardianship Appeal Statute is purely statutory

In Matter of Doze, 717 SW 3d 240 (2025), a Missouri Court affirmed the decision below appointing Queen Doze's father…

2 weeks ago

Prerequisite findings prior to appointment of emergency guardian; evaluation; notice; hearing; O.C.G.A. § 29-4-15

All things being equal, a Petition for Emergency Guardianship should be denied in favor of a permanent petition. The reason…

4 weeks ago

Probate Court is required to grant Petition for Year’s Support unless a valid objection is filed

In Estate of Sanders, decided on April 8, 2025, Mollie Anne Sanders, surviving spouse of Tony Lee Sanders, filed a…

1 month ago

Petition for appointment of emergency guardian; requirements of petition; O.C.G.A. § 29-4-14

Petition for Appointment of Emergency Guardian An emergency petition usually begins as an ex parte proceeding. In limited circumstances, an…

2 months ago