Guardianship & Conservatorship

Temporary Health Care Placement Decision Maker for an Adult Act (O.C.G.A. § 31-36A-1 et seq.)

An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having…

4 years ago

Gun Laws and Related Information

Many people have questions about guns and gun rights, especially as they relate to the elderly. The general answer is…

4 years ago

Decision-Making Supports for Special Needs Individuals and Others Needing Assistance

Parents who are looking to protect their special needs children often begin by considering how decisions will be made. Capacity…

4 years ago

Questions Asked in a Typical Guardianship Case

(Last updated 8/8/2023) The central and initial issue in every guardianship and conservatorship case is whether the proposed ward has…

4 years ago

Georgia Guardianship Code Grants a Guardian Authority to Enter Into a Binding Pre-Dispute Arbitration Agreement

In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC…

4 years ago

Process and Timeline for Georgia Guardianships and Conservatorships

Outline of Georgia Guardianship and Conservatorship Process and Timeline Process Begins When Petition is filed O.C.G.A. § 29-4-10(a). Any interested…

4 years ago

Can a Probate Court Order Visitation in a Guardianship Case?

In In re Estate of Wertzer, 330 Ga. App. 294 (2014), the primary issue was whether the probate court had…

4 years ago

Admitting Medical Records in Probate Court as an Exception to the Hearsay Rule

Former OCGA § 24-3-18 (now § 24-4-826) provides a hearsay exception for medical reports in civil cases without requiring the…

4 years ago

Scams and Fraud

The best way to avoid fraud is to be aware and to do your due diligence when someone asks for…

4 years ago

Guardianships and Conservatorships: Cases

Clear and convincing evidence supported establishment of conservatorship (TN App) ------------------------------------------ Petitioners petitioned for the appointment of a conservator for…

5 years ago