Guardianship & Conservatorship

Guardianship & Conservatorship

Probate Court Reversed for Ordering Conservatorship Accounting Before Determining Identity of Estate’s Personal Representative

The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on February 20, 2024. Willis Blake…

7 months ago

Guardianship Evaluation is Admissible Regardless of Stipulation

Guardianship Evaluation In most cases I've been involved in, the evaluator's report is stipulated into evidence or the evaluator is…

10 months ago

Georgia Court of Appeals Revisits the Preponderance-of-the-Evidence Standard

In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict  in favor of the defendants relating…

1 year ago

Sometimes You Must Say No

Sometimes you just have to say No "No" isn't a four-letter word. Saying "no" isn't necessarily bad and you shouldn't…

1 year ago

Family Acrimony Deemed Sufficient to Disregard Nomination of Guardian

In In re Wheeler (Ga. Ct. App. 6/6/2023), the Court of Appeals upheld the Probate Court's decision that (1) there…

1 year ago

Approving Settlements for Minors

In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3,…

1 year ago

Elder Law Mishmash June 2023

The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also…

1 year ago

Failure to Admit Evaluator’s Report Required Reversal of Conservatorship Order

Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition…

2 years ago

Ohio Court of Appeals Affirms Appointment of Guardian Despite Questionable Transcript from Probate Court Hearing

On September 15, 2022, the Ohio Court of Appeals affirmed a Probate Court decision appointing a guardian despite a spotty…

2 years ago

Conservator has exclusive power to bring, defend or participate in lawsuits for a ward

in Hall v. Davis Lawn Care Service, Inc., 314 Ga. 488 (S22G0019 8/23/2022), the Supreme Court unravelled some messy litigation…

2 years ago