Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221) and amended in 2018 (HB 897). It is codified at O.C.G.A. § 10-6B-1 et seq. The Act was effective as of July 1, 2017. It does not apply to powers of attorney executed prior to the effective date, but powers […]
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Many people think that estate planning is just having documents prepared. They have a lawyer prepare a Will, get it signed and they’re done. As Lee Corso says on Game Day, “Not so fast!” The hardest part of stepping into someone else’s shoes, whether its as an agent under a power of attorney, or as […]
The Centers for Medicare and Medicaid Services launched the Guiding an Improved Dementia Experience (GUIDE) Model on July 1, 2024. It is a voluntary nationwide model test that aims to support people with dementia and their unpaid caregivers. The GUIDE Model is an attempt to provide Medicare funded comprehensive, coordinated dementia care to improve quality […]
Sometimes you just have to say No “No” isn’t a four-letter word. Saying “no” isn’t necessarily bad and you shouldn’t feel bad when you say it. Part of saying no means taking a stand. It can mean standing up to injustice. For example, our legal system is, for the most part, dependent on people saying […]
Tradition can be a powerful motivator. Traditions can be like laws, meaning the group following them will not accept any change or departure from their custom. Traditions can also be a way of acting that varies with life changes. In 2 Thessalonians 2:15, Paul urged the Church to stand fast and hold to the traditions. […]
In In re Wheeler (Ga. Ct. App. 6/6/2023), the Court of Appeals upheld the Probate Court’s decision that (1) there was sufficient evidence to impose a guardianship and conservatorship, and (2) that a neutral third-party be appointed as guardian instead of the person nominated by the ward. Because the reasoning in this case is “thin,” […]
In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to grant summary judgment on the issue of undue influence. Milbourne concerned a Will, allegedly procured through the undue influence of the Will-maker’s sister. The Will-maker was Edison Jamal Milbourne. He suffered a work related brain […]
The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also includes anything else we found interesting during the month of June, 2023. We will continue updating from time to time throughout the month. Last updated 6/8/2023. Keep in mind, you are using linked content at […]
One of the issues families consider as loved ones age is whether an elder is susceptible to financial elder abuse. When trying to protect mom or dad (or another elderly loved one), sometimes famlies overstep. Paternalism is not appropriate when an elder is capable of making his or her own decisions; if the elder has […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
In this day and age, people are glued to their smart phones and other electronic devices. They hardly look up and old time family dinners are often a thing of the past. Alternatively, people binge watch TV or spend significant time playing video games. None of these activities require or encourage interaction with the real […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
In Washington v. Glucksberg, 521 U.S. 702 (1997), the U.S. Supreme Court held that Washington’s prohibition against causing or aiding a suicide does not violate the Fourteenth Amendment to the United States Constitution. In Glucksberg, the Court found assisting with a suicide had always been a crime in Washington State and that it remainde a […]
In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with “full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done . . . as I might or could do if acting personally.” She also executed a […]
Estate Planning and Estate Tax News: The simple four step guide for estate planning How to get your affairs in order Making legal plans after dementia diagnosis Opinion: When faced with death, people often change their minds Trust or Will? How to navigate what’s best for your family Basics of Estate Planning and Your Digital […]
Appeal Route From Article 6 Probate Court In Spence v. Dep’t of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed as a hospital inpatient. Spence sought review after the Department sought an order of continued hospitalization of Spence pursuant to OCGA § 37-3-83. On April 18, 2019, the […]
In addition to a health care advance directive, one way to create evidence regarding your health treatment wishes and end-of0life wishes is to complete a health values questionnaire. One of the issues in Cruzan and Schiavo was the absence of adequate evidence demonstrating what the patient would want if she could speak for herself. Wouldn’t […]
The procedure commonly referred to as a “1013” is governed by O.C.G.A. Title 37, Chapter 3 (§ 37-3-41 et seq).* The procedure applies to individuals who present a substantial risk of imminent harm to himself, herself or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability […]
An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult’s medical records the following: (1) The adult is unable to consent for himself or herself; and (2) It is the physician’s belief that it is in […]
Many people have questions about guns and gun rights, especially as they relate to the elderly. The general answer is that in the United States, guns are poorly regulated. EZ Elder Law has no opinion regarding gun ownership generally, but guns and dementia are a poor mix. It is estimated that 9% of older Americans […]
Parents who are looking to protect their special needs children often begin by considering how decisions will be made. Capacity is a continuum, so every special needs child and every family is unique. Essentially there are three models where the individual needs decision-making support. Substitute decision-making, supported decision-making, and court supervised decision-making (guardianships and/or conservatorship). […]
On Friday, November 12, 2021, at 1pm eastern, the Alzheimer’s Foundation of America will host a webinar titled “New Rules for End of Life Care.” It features guest speaker Barbara Karnes, RN, author of Gone from My Sight: The Dying Experience, and creator of New Rules for End of Life Care: A Guide on the […]
(Last updated 8/8/2023) The central and initial issue in every guardianship and conservatorship case is whether the proposed ward has decision-making capacity. In other words, can the proposed ward make and communicate significant decisions about himself (or herself) and can the proposed ward make and communicate significant decisions about his (or her) finances? For purposes […]
Information regarding health care advance directives is here. The Georgia statutory advance directive for health care is below:
As Psychiatric Advance Directive allows an individual to designate who would make mental health decisions for the patient in the event the patient cannot speak for himself or herself and mental health treatment is required. Currently, 25 States have statutes recognizing the validity of psychiatric advance directives, but other States such as Georgia, are considering […]
In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC v. Fountain, 355 Ga. App. 176, 183 (1) (843 SE2d 605) (2020), finding that the Georgia Guardianship Code grants a guardian authority to enter into a binding pre-dispute arbitration agreement. The Clinch County Probate Court […]
On July 30, 2021, Georgia Attorney General Chris Carr announced the indictment of Borin Khoun on four counts of Theft by Taking in Gwinnett County Superior Court. The press release states: “Our Prosecution Division is committed to stopping criminals who perpetrate identity theft and financial fraud,” said Attorney General Chris Carr. “People who prey on […]
The National Institute of Nursing Research announced an upcoming webinar: On September 14, 2021, Dr. Mi-Kyung Song will present “Addressing One of the Most Enduring Challenges in Health Care: End-of-Life Decision Making” from 10:00 to 11:00 a.m. (ET). In this NINR Director’s Lecture, Dr. Song will present her intervention research to develop and test an […]
In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year leading up to her death, her estranged husband served divorce papers on her. Her children begged her to get medical help and, after she refused, they tried to have her involuntarily committed. Following a hospital […]
The following links can be used to research health care providers and, if necessary, to file a complaint with State licensing boards and boards of certification: Complaint and Discipline Process for Nurses (Powerpoint by Georgia Board of Nursing) Contact Information For Filing a Complaint with the State Survey Agency (CMS.gov) Do your research about your doctor or […]
From UCTV: Dr. Geroges Naasan explores the principal clinical syndromes of Alzheimer’s Disease: memory, visual, language and frontal/executive. He also discusses neuropathology, genetic factors and modern biomarkers with colleagues from the UCSF Memory and Aging Center. Recorded on 04/30/2019.
The UCLA Alzheimer’s and Dementia Care Video series provides viewers with practical tools you can use in a variety of settings to create a safe, comfortable environment both for the person with dementia and the caregiver. To learn more about the UCLA Alzheimer’s and Dementia Care, visit https://www.uclahealth.org/dementia/com. See entire training series at https://www.youtube.com/playlist?list=PLSdlEEZ00_Q5IrbR4_K3i1qFQ5-GxiIjD.
The federal Patient Self-Determination Act, passed in 1990 and effective on December 1, 1991, requires most health care providers to provide information regarding health care advance directives. The purpose of the legislation was to enhance patient choice. It applies to Medicare providers through 42 U.S. Code § 1395cc(f) and Medicaid providers through 42 U.S. Code […]
Resident suffering from dementia was admitted to nursing facility. Husband signed admissions documents including two arbitration agreements. California law prohibits including the arbitration agreement in the admissions agreement so it was a separate document. Husband signed the arbitration agreement on a line labled “Legal Rep/Responsible Party/Agent.” Husband did not hold a power of attorney and […]
After Plaintiff filed suit, Defendant filed a motion to dismiss, compel arbitration and stay discovery. The magistrate entered a report and recommendation that the motion be denied. Before the magistrate the plaintiff raised enough evidence to question the nursing home resident’s capacity to enter into an arbitration agreement. The plaintiff also argued that because a […]
A jury trial was held to determine whether Mildred Hilton had testamentary capacity to execute a new Will. After the jury found she lacked capacity, the trial court determined that the verdict was incorrect and entered judgment notwithstanding the verdict. Alternatively, the judge also entered an order granting a new trial. Under Georgia law, a […]
On July 5, 2016, in Doctors Hospital of Augusta v. Alicea, 299 Ga. 315 (2016), the Georgia Supreme Court affirmed lower court decisions denying a motion for summary judgment. In doing so, the Court interpreted the Georgia Advanced Directive Act, O.C.G.A. § 31-32-1 et seq., holding that it is the will of the patient or […]
If a Guardianship Petition moves forward, O.C.G.A. § 29-4-11(d) describes the required evaluation and how it works: (1) If the petition is not dismissed under subsection (b) of this Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist […]
