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, […]
On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There, executrix Dorothy Johnson appealed from a Douglas County Probate Court order which construed the meaning of a 2013 Superior Court consent order in the context of a Petition for accounting and Final Settlement of Accounts. […]
In In re Estate of Curvan (Ga. Ct. App. A21A1435 2/16/2022), Sharon Lavant offered a July 31, 2019 Will of Randolph Curvan for probate. Cheryl Curvan, Charmaine Curvan and Randolph Curvan filed a caveat. Among their complaints, they alleged the Will was not the valid last will of Decedent, that the signatures on the Will […]
In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father’s Will. Other family members filed an objection and caveat. Ultimately the case was settled with Butler agreeing to offer her late father’s will in Vermont in order to transfer a parcel of real estate located […]
In Spence v. Dep’t of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed as a hospital inpatient. Spence sought review after the Department sought an order of continued hospitalization of Spence pursuant to OCGA § 37-3-83. On April 18, 2019, the Muscogee County Probate Court entered an order […]
In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an infant due to malpractice. Jenkins received a settlement giving him annual income of $337,000 (or about $28,000 per month). The probate court limited the Conservator’s spending to $17,000. In 2019, the Conservator purchased a disabled-accessible […]
Venue, as a general matter, indicates where (in which court) a legal matter should be filed. It is sometimes confused with subject matter jurisdiction and, because certain venue provisions appear in Georgia’s constitution, venue occasionally becomes a jurisdictional question in Georgia. Usually, though, jurisdiction indicates which court a legal matter should be filed in, such […]
The following language was used in a contract dispute where a Motion for Summary Judgment was filed in Superior Court: “The standard on motion for summary judgment is whether any genuine issue of material fact exists and, if not, whether the moving party is entitled to judgment as a matter of law. See O.C.G.A. § […]
Georgia has adopted the Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act. See O.C.G.A. § 29-11-1. et seq. That means, if you have a Georgia guardianship that needs to move to another state, or if you are in another state and you need to move a guardianship to Georgia, we have a procedure for making […]
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