Elder Law

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…

1 year 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…

1 year 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…

1 year ago

Petition for appointment of guardian; requirements for petition, O.C.G.A. § 29-4-10

Last updated 9/5/2025 Petition for Appointment of Guardian In Georgia, a Petition for Guardianship is filed on Georgia Probate Standard…

1 year ago

Order of preference in selection of guardians; written request nominating guardian; requirements of writing, O.C.G.A. § 29-4-3

The ultimate test in determining who should be appointed as guardian is "who will best serve the interest of the…

1 year ago

Unavailability of subscribing witnesses to a Will

There are times, especially when probating older Wills, when you need signatures from the subscribing witnesses, but you can't find…

1 year ago

Qualifications of guardians selected for adults, O.C.G.A. § 29-4-2

Only individuals or the Department of Human Services may serve as guardian. Although not expressly spelled out, only someone capable…

1 year ago

Prerequisite findings prior to appointment of guardian for adult; extent of guardianship, O.C.G.A. § 29-4-1

In Georgia, when determining whether a guardianship is necessary, the Court looks solely at capacity. Disability alone is not sufficient…

1 year ago

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.…

1 year 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…

1 year ago