In In Re Estate of Kurtzman, 366 Ga. App. 725 (2023), Bette Kurtzman, 85 years old, had dementia and was residing in an assisted living facility. In December of 2020, Kurtzman’s daughter, Amy, and brother, Myron, filed a Petition for Guardianship and Conservatorship. Bette Kurtzman objected to the petition, alleging she had nominated her son, […]
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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 […]
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 […]
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 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 […]
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 […]
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 […]
The following bills are among those that passed both houses of the Georgia legislature during the 2022 legislative session. Assuming they are signed by the governor, they will either be effective on the date signed or on July 1, 2022, depending on the text of each bill. SB 539 makes it unlawful under O.C.G.A. § […]
In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court’s determination that an arbitration agreement could not be enforced. David Welch was a nursing home resident. Prioer to his death, he executed a power of attorney for health care, designating his brother, James Welch, as his health […]
NOTE: If you have a Georgia corporation or limited liability company, your annual return is due by April 1, 2022. General News Sources: Dog Aging Project is looking for more participants National Black (African American) History Month: February 2022 (Census) Tricare coverage and Medicare explained Growing elder populations require more services, awareness NAIC Comments on […]
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 […]
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 […]
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 […]
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 […]
Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994. On January 31, 1995, she executed a will leaving the bulk of her estate to her brother-in-law, Caesar Smith and his wife Lois Smith, who were assisting Ms. Smith and providing her with care. Ms. […]
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 […]
Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968. Mrs. Ashford filed for divorce in 1999 after a lengthy separation. Dr. Ashford died in 2001 during the divorce proceedings. In 1988, Dr. Ashford’s sister drove him to see an attorney. There, Dr. Ashford produced […]
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 […]
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 […]
