Elder Law

Phrase “Other obligations” made Special Needs Trust invalid

Christopher W. G was denied Supplemental Security Income when his conservator initially filed an application on January 25, 2022. Reconsideration…

1 week ago

Requirements of order granting guardianship; service O.C.G.A. § 29-4-13

Requirements of Order Granting Guardianship The Order included with Standard Form 12 includes the required elements found in O.C.G.A. §…

2 weeks ago

Judicial review of pleadings and evaluation report; findings; hearing, O.C.G.A. § 29-4-12

Judicial Review of Pleadings and Evaluation Report The prejudice is that petitions for guardianship and conservatorship should be denied. That…

3 weeks ago

Can I help my parent create a Will?

Can I help my parent create a Will? The answer is yes and no. Yes, you can help to the…

3 weeks ago

Prerequisite judicial finding of probable cause; notice; petition; evaluations; reporting requirements, O.C.G.A. § 29-4-11

Prerequisite Judicial Finding of Probable Cause The presumption under Georgia law is that a guardianship is unnecessary and should be…

4 weeks ago

Petition for appointment of guardian; requirements for petition, O.C.G.A. § 29-4-10

Last updated 9/5/2025 Petition for Appointment of Guardian In Georgia, a Petition for Guardianship is filed on Georgia Probate Standard…

1 month ago

Order of preference in selection of guardians; written request nominating guardian; requirements of writing, O.C.G.A. § 29-4-3

The ultimate test in determining who should be appointed as guardian is "who will best serve the interest of the…

1 month ago

Unavailability of subscribing witnesses to a Will

There are times, especially when probating older Wills, when you need signatures from the subscribing witnesses, but you can't find…

1 month ago

Qualifications of guardians selected for adults, O.C.G.A. § 29-4-2

Only individuals or the Department of Human Services may serve as guardian. Although not expressly spelled out, only someone capable…

1 month ago

Prerequisite findings prior to appointment of guardian for adult; extent of guardianship, O.C.G.A. § 29-4-1

In Georgia, when determining whether a guardianship is necessary, the Court looks solely at capacity. Disability alone is not sufficient…

1 month ago