In Georgia, an individual has legal capacity to make a Will “when the testator has a decided and rational desire as to the disposition of property.” O.C.G.A. § 53-4-11(a). Georgia also recognizes that capacity is fluid and the testator may be able to make a Will even when he or she is unable to enter […]
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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 […]
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 […]
Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to allow participants to experience what dementia patients see, hear and feel so they better understand and empathize with individuals who have dementia. One website with the UNC Greensboro reports: “The simulation temporarily alters your physical and sensory abilities to replicate […]
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 […]
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 […]
Obviously, if you follow the law, get a license and have the event officiated, you’re married. See O.C.G.A. § 19-3-1 (Requiring parties able to contract, an actual contract and consummation according to law). And with marriage goes the benefits and liabilities. Although not a traditional case, Justice Kennedy concluded Obergfell v. Hodges with the following […]
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 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 […]
