Georgia Law

How to Communicate with Courts, Parties in Litigation and OthersHow to Communicate with Courts, Parties in Litigation and Others

How to Communicate with Courts, Parties in Litigation and Others

There are times when formal "legal" communication is necessary. This post addresses several instances regarding how that can be done.…

3 years ago
Probate Court’s Order on Emergency Guardianship is not appealableProbate Court’s Order on Emergency Guardianship is not appealable

Probate Court’s Order on Emergency Guardianship is not appealable

On May 20, 2022, the Georgia Court of Appeals issued its Order in In re Estate of Brenda Elizabether Strother…

3 years ago
Appeal Challenging Georgia’s Equitable Caregiver Statute was mootAppeal Challenging Georgia’s Equitable Caregiver Statute was moot

Appeal Challenging Georgia’s Equitable Caregiver Statute was moot

In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. §…

3 years ago
Bank records discoverable in Power of Attorney DisputeBank records discoverable in Power of Attorney Dispute

Bank records discoverable in Power of Attorney Dispute

In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his…

3 years ago
Declaratory Judgment Vacated Because It Would Have No Immediate Effect on the Parties’ ConductDeclaratory Judgment Vacated Because It Would Have No Immediate Effect on the Parties’ Conduct

Declaratory Judgment Vacated Because It Would Have No Immediate Effect on the Parties’ Conduct

On March 15, 2022, the Georgia Court of Appeals decided Willis v. Cheeley (A21A1730). There, a contested probate proceeding boiled…

3 years ago
Unauthorized Practice of LawUnauthorized Practice of Law

Unauthorized Practice of Law

Every person has a constitutional right to represent himself or herself. However, the right to represent someone else is regulated.…

3 years ago
Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s AuthorityDeclaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a…

3 years ago
Conviction of Caregiver for Elder Exploitation AffirmedConviction of Caregiver for Elder Exploitation Affirmed

Conviction of Caregiver for Elder Exploitation Affirmed

On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell's conviction for elder exploitation. She was originally indicted…

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

Process and Timeline for Georgia Guardianships and Conservatorships

Outline of Georgia Guardianship and Conservatorship Process and Timeline Process Begins When Petition is filed O.C.G.A. § 29-4-10(a). Any interested…

4 years ago