Elder Law

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…

11 months 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…

11 months 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…

11 months 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. §…

11 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…

11 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…

11 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…

12 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…

1 year 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…

1 year 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. §…

1 year ago