Finding the Law

In Garner v. Acadia Healthcare Company, Inc., 370 Ga. App. 146 (2023), Appellants alleged that William had been missing since his discharge from the facility and that Appellees breached a duty of care owed to William to keep him safe. The Appellee/Defendant filed a motion to dismiss for failure to state a claim. The Superior […]

There is no right to appeal a case until a final Order is entered. In Long v. City of Madison, 372 Ga. App. 643 (2024), James Long appealed a probate Court Order determining that his dog was dangerous and ordering the dog to be euthanized. Nothing in the record showed that an Order was entered […]

In many cases in involving the Probate Court, the moving party must present clear and convincing evidence to prevail. But what does that mean? The standard was explained (at least in part) in In re Knight, 372 Ga. App. 485 (2024). Lillian Knight passed away, naming her daughter, Karen, as executor. Prior to her death, […]

In In re Stroud, 361 Ga. App. 736 (2021), Shawn Stroud married Chelsea Lawson. At the time, Stroud’s legal name was Shawn Courtney Jr. Stroud went to Superior Court to have his name legally changed to Shawn Donovan Stroud. He then went to Probate Court where he filed a petition to have his old name […]

Moratorium on Nursing Home Staffing Standards On July 4, 2025, the One Big Beautiful Bill Act was signed into law. One of its provisions placed a moratorium on the Biden Era minimum staffing standards for nursing homes. Specifically, Section 71111 of the OBBBA provides: Subchapter B—Preventing Wasteful Spending SEC. 71111. MORATORIUM ON IMPLEMENTATION OF RULE […]

There are a few major changes for elders in the One Big Beautiful Bill Act. First, as discussed in numerous articles cited below, it appears that reductions in funding will cause home and community-based services to be limited. This could mean more seniors are forced into nursing homes because they lack support to remain home. […]

As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Since then, expert testimony (subject to Rule 702) is not relevant unless it is “(1) scientific knowledge that (2) will assist the […]

House Bill 1292 (HB 1292) now imposes new duties on Georgia Notaries effective January 1, 2025. The new law is designed to ensure that deeds, mortgages, liens, maps, plats and state executions are properly authenticated. O.C.G.A. Section 44-2-2 defines “self-filers” as any person who is not exempt. Exempt persons are insurance agents, attorneys, banks, lenders, […]

When an injured party sues someone who negligently injured him or her, one form of damages the injured party may recover are medical expenses. However, can those expenses be recovered when they have been paid by someone else? In Bennett v. Haley, 132 Ga. App. 512 (1974), the Court said they can be recovered. The […]

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues to consider when drafting trusts: Appointment of Trustee. During my lifetime, [TRUSTEE] shall act as the sole Trustee of all trusts created in this agreement, with the full powers, duties and responsibilities as set forth […]