Elder Law

Georgia Guardianship and Conservatorship, OCGA 29-1-1

Last updated 9/2/2025 Georgia Guardianship and Conservatorship When interpreting Georgia's Guardianship and Conservatorship Code, definitions are critical. In Couch v.…

3 months ago

Probate Court properly exercised its discretion disregarding spouse’s statutory priority as guardian

In In re Estate of Jenkins, 366 Ga. App. 628 (2023), Gary Jenkins was living in an assisted living facility…

4 months ago

Wrongful death case dismissed because wrong person filed complaint

In Garner v. Acadia Healthcare Company, Inc., 370 Ga. App. 146 (2023), Appellants alleged that William had been missing since…

4 months ago

Attorney’s fees can be awarded for frivolous claims and defenses in Probate Cases

The general rule is that "an award of attorney fees and expenses of litigation are not available to a prevailing…

4 months ago

Evidence of facts before and after execution of a Will are relevant when determining whether there was undue influence

In In Re Estate of Henry, 366 Ga. App. 638 (2023), Charles Henry executed a new Will in 2017, revoking…

4 months ago

Petitioner has burden of proof in showing the amount necessary for year’s support

In In re Dallas, 369 Ga. App. 553 (2023), the Probate Court denied a Petition for Year's Support. In Georgia,…

4 months ago

Sole Question on Petition to Probate Will in Solemn Form

We previously reported on In re Estate of Curvan, 362 Ga. App. 665 (2022). This case made its way back…

4 months ago

What is Clear and Convincing Evidence?

In many cases in involving the Probate Court, the moving party must present clear and convincing evidence to prevail. But…

4 months ago

There is no right to appeal a non-final Guardianship Order

In In re Bruni, 369 Ga. App. 488 (2023), the adult children of a proposed ward filed a petition for…

4 months ago

The person nominated by a proposed ward as Guardian or Conservator is not required to file pleadings to be considered

In In Re Estate of Kurtzman, 366 Ga. App. 725 (2023), Bette Kurtzman, 85 years old, had dementia and was…

4 months ago