In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3, at least in cases where the trial court approves direct payment to a trust. Prior to passage of HB 620, Section 29-3-3 read as follows: 2021 Version For purposes of this Code section, the term […]
“In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which requires showing an injury in fact that was caused by the breach of a duty owed by the defendants to the plaintiffs and that will be redressed by a favorable decision from the court.” Ames […]
Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition alleged she was unable to make appropriate decisions regarding her treatment and medical care. Petitioner attached the report of Dr. Taylor Wright in support of its petition. The Court appointed a guardian ad litem and […]
On September 15, 2022, the Ohio Court of Appeals affirmed a Probate Court decision appointing a guardian despite a spotty record of the proceedings below. In In re Guardianship of S.B., the proposed was suffered a traumatic brain injury. In 2004, the ward’s father filed a petition for guardianship and was appointed guardian. In 2007, […]
As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized by law. Ga. R. & Regs. § 616-1-2-.38. In Bd. of Dental Examiners v. Daniels, 137 Ga. App. 706 (1976). Appellant/defendant contends that the Civil Practice Act is not applicable to proceedings under the Georgia […]
There are times when formal “legal” communication is necessary. This post addresses several instances regarding how that can be done. It is not meant to be all inclusive and, in many cases, specific communication rules apply. Beginning a lawsuit: When you begin a lawsuit, a summons must be served on the Defendant(s). Generally, Rule 4 […]
In Weeks v. DHS, Division of Family and Children Services, Office of State Administrative Hearings, Docket 2117014 (April 28, 2021), Brian Center Health and Rehabilitation – Canton, purportedly filed a direct appeal on behalf of Marilu Weeks after her Medicaid application was denied. Judge Teate, in Docket No. 2115533, directed Brian Center to provide evidence […]
In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with “full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done . . . as I might or could do if acting personally.” She also executed a […]
In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his 89-year-old mother under a power of attorney executed on November 14, 2019. Richard Bethune, Donald’s brother, filed an action seeking relief under the Georgia Power of Attorney Act, O.C.G.A. § 10-6B-1 et seq. On appeal, […]
In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a declaratory judgment action, a default judgment and a motion to set aside the default. Alfonso Patton, a Tennessee resident, was under a Tennessee conservatorship. After Patton died in 2013, his only biological child, Patricia Richmond, […]
Enter your name and email address to keep up with what’s new at EZ Elder Law!
P.O. Box 2023
Dalton, Georgia 30722
+1-800-241-8755EzElderLaw is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
