Elder Law

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…

9 months 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…

9 months 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…

9 months 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…

9 months 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…

9 months 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.…

9 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…

10 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…

10 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…

10 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…

10 months ago