Guardianship & Conservatorship

Failure to Admit Evaluator’s Report Required Reversal of Conservatorship Order

Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition…

3 years ago

Ohio Court of Appeals Affirms Appointment of Guardian Despite Questionable Transcript from Probate Court Hearing

On September 15, 2022, the Ohio Court of Appeals affirmed a Probate Court decision appointing a guardian despite a spotty…

3 years ago

Conservator has exclusive power to bring, defend or participate in lawsuits for a ward

in Hall v. Davis Lawn Care Service, Inc., 314 Ga. 488 (S22G0019 8/23/2022), the Supreme Court unravelled some messy litigation…

3 years ago

Form: Consent to Criminal Background Check

Below is an exemplar consent to a criminal background check. These are required in most guardianship cases and some probate…

3 years ago

How to Communicate with Courts, Parties in Litigation and Others

There are times when formal "legal" communication is necessary. This post addresses several instances regarding how that can be done.…

3 years ago

Probate Court must make findings of fact and conclusions of law when requested

In the Estate of T.M.N. (Ga. Ct. App. 6/13/2022), Quanda Jessie served as conservator of her minor child's estate and…

3 years ago

Conservator’s settlement for minor children upheld

In Smith v. Parks Hotels & Resorts, Inc. (Georgia Ct. App. June 8, 2022), the mother of five children was…

3 years ago

Probate Court’s Order on Emergency Guardianship is not appealable

On May 20, 2022, the Georgia Court of Appeals issued its Order in In re Estate of Brenda Elizabether Strother…

4 years ago

Elder Law and Special Needs Law News Roundup – 5-20-2022

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…

4 years ago

Appeal Challenging Georgia’s Equitable Caregiver Statute was moot

In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. ยง…

4 years ago