Evidence

Appeal Route From Article 6 Probate Court is to Court of Appeals

In Spence v. Dep't of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed…

3 years ago

Probate Court May Restrict a Conservator’s Power to Spend Ward’s Income

In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an…

3 years ago

Questions Asked in a Typical Guardianship Case

(Last updated 8/8/2023) The central and initial issue in every guardianship and conservatorship case is whether the proposed ward has…

3 years ago

Medicaid: Determining Which Property is Exempt Home

Determining Which Property is the Exempt Homeplace; Whether Jointly Owned Second Property was Exempt. Petitioner lived at her residence in…

3 years ago

Admitting Medical Records in Probate Court as an Exception to the Hearsay Rule

Former OCGA § 24-3-18 (now § 24-4-826) provides a hearsay exception for medical reports in civil cases without requiring the…

3 years ago

Testamentary capacity – Murchison v. Smith

Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994.…

3 years ago

Testamentary capacity – Estate of Diaz

In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year…

3 years ago

Testamentary capacity – Ashford v. Van Horne

Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968.…

3 years ago