Elder Law

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. §…

6 months 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…

6 months 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…

7 months 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…

7 months 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…

8 months ago

Phrase “Other obligations” made Special Needs Trust invalid

How the Phrase "Other Obligations" Made Special Needs Trust Invalid Christopher W. G was denied Supplemental Security Income when his…

8 months ago

Requirements of order granting guardianship; service O.C.G.A. § 29-4-13

Requirements of Order Granting Guardianship The Order included with Standard Form 12 includes the required elements found in O.C.G.A. §…

8 months ago

Judicial review of pleadings and evaluation report; findings; hearing, O.C.G.A. § 29-4-12

Judicial Review of Pleadings and Evaluation Report The prejudice is that petitions for guardianship and conservatorship should be denied. That…

8 months ago

Can I help my parent create a Will?

Can I help my parent create a Will? The answer is yes and no. Yes, you can help to the…

8 months ago

Prerequisite judicial finding of probable cause; notice; petition; evaluations; reporting requirements, O.C.G.A. § 29-4-11

Prerequisite Judicial Finding of Probable Cause The presumption under Georgia law is that a guardianship is unnecessary and should be…

9 months ago