Guardianship & Conservatorship

Guardianship & Conservatorship

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…

2 weeks 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…

2 weeks 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…

2 weeks 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…

2 weeks 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…

2 weeks ago

Expert Testimony

As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S.…

1 month ago

2025 Legislative Changes to Georgia’s Guardianship and Conservatorship Law

2025 Legislative Changes During its 2025 session, the Georgia Legislature passed, and the Governor signed, two new laws impacting guardianships…

2 months ago

Planning for Adult Children with Disabilities

Planning for Adult Children with Disabilities Childhood Disability Benefits assist disabled children and adults who became disabled prior to age…

3 months ago

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she must take an oath. The…

8 months ago

Probate Court Reversed for Ordering Conservatorship Accounting Before Determining Identity of Estate’s Personal Representative

The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on February 20, 2024. Willis Blake…

1 year ago