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Georgia Elder Law Questions & Answers
0 Answers | Asked in Elder Law for Georgia on
Q: Can I be Garnisheed if I live in a retirement home that takes all my SS check?

I have a car loan and a personal loan amounting to $$17000 at One Main Financial. After 4 years the principal has only gone down $1200. I am going into a retirement home that takes all of my SS check monthly. I will let One Main repossess the car. Can they garnishee me if I am in the home?

0 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Georgia on
Q: My grandmother made a will in 1993. She put in the will all her belongings be put in trust for my aunt who has downs.

The orginal will states any legal issues dealing with her will needed to be handled by her attorney. In 2015 my aunt who is power of attorney over my grandmother. Took my grandmother to a different attorney and made a new will leaving my grandmother's property to her and leaving my downs aunt... View More

1 Answer | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More

Kedra M. Gotel
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answered on Feb 27, 2024

You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More

1 Answer | Asked in Civil Rights, Elder Law, Federal Crimes and Probate for Georgia on
Q: A will was legally filed in probate, and the daughter was also the executor and. Inherent: why wasn't her name changed?

The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More

James L. Arrasmith
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answered on Feb 5, 2024

When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More

1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
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answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

1 Answer | Asked in Real Estate Law and Elder Law for Georgia on
Q: What are the financial repercussions/benefits of co-owning a home with my siblings?

My dad (75 yo) has cancer/parkinsons. We realized early on that we had to sell his 3 bedroom home because it no longer works for him. My sister has said that she now plans on using all of the money to buy a larger 5 bedroom home for her, her family, and my dad to live in and putting her, my... View More

James Clifton
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James Clifton
answered on Dec 21, 2023

If you own a property jointly with anyone, their debts can attach to the property and severely jeopardize the ability to sell the property in the future. The situation you describe could end up as a gigantic mess. Schedule a free consultation to determine the best course of action to make sure you... View More

1 Answer | Asked in Landlord - Tenant, Estate Planning and Elder Law for Georgia on
Q: If a tenant gets arrested for a felony of domestic violence and false imprisonment is that automatic grounds for evictio

She was already way behind on rent and had broken the rental agreement...

Anthony M. Avery
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answered on Oct 30, 2023

Obviously there are already grounds for breach of lease contract and the owner can sue for possession now.

1 Answer | Asked in Elder Law for Georgia on
Q: Today, we were served an order for my mom to be removed from the home with no explanation

Her conservator did the order. How do I get her back home?

T. Augustus Claus
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answered on Sep 18, 2023

If your mother has been served with an order for her removal from her home in Georgia by her conservator, it is essential to take swift and deliberate action. Begin by thoroughly reviewing the court order to understand the basis for her removal. Collect and organize any supporting evidence, such as... View More

1 Answer | Asked in Estate Planning and Elder Law for Georgia on
Q: My mom wants to sell her property and go into a nursing home/elder care facility & wants to avoid issues with my sibling

My sister takes care of my mother--but my sister cannot physically do it. Mom wants the sale clear and uncontestable.

James Clifton
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James Clifton
answered on Aug 20, 2023

If your mother is on title individually and has the mental capacity to make decisions on her own, there is no way for your sister to contest the sale. If your sister is on title or your mother lacks mental capacity, things get much more difficult. Either way, schedule a free consultation to make... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Elder Law for Georgia on
Q: Can someone us a specific power of attorney to convince notary person to that they have power of attorney over their par

Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?

Anthony M. Avery
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answered on Aug 1, 2023

If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More

1 Answer | Asked in Elder Law for Georgia on
Q: My sister died in a nursing home without a will who would get money

She had a state appointed lawyer to handle her money

T. Augustus Claus
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answered on Jul 3, 2023

When someone passes away without a will, the state's laws of intestate succession typically determine how their assets are distributed. The laws vary depending on the specific family situation, such as whether the deceased had a spouse, children, parents, or other relatives.

1 Answer | Asked in Real Estate Law, Elder Law, Probate and Social Security for Georgia on
Q: How much time do we have in Georgia to challenge a quit claim deed made because of constant duress?

Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling... View More

Anthony M. Avery
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answered on Jun 29, 2023

If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Georgia on
Q: As conservator for my father upon his passing, how many years back can I collect commission on his passing?

My father had dementia, we went to court for emergency guardianship and conservatorship. At the start I was conservator and another family member was guardian. Six months later I was also appointed guardian. They were many legal issues due to him having a spouse who was contesting everything. Lots... View More

Seth Meyerson
Seth Meyerson
answered on May 23, 2023

This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.

2 Answers | Asked in Elder Law, Probate and Estate Planning for Georgia on
Q: How do I prove an executor is stealing from the estate?

I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... View More

James Clifton
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James Clifton
answered on May 14, 2023

You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... View More

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1 Answer | Asked in Family Law, Probate and Elder Law for Georgia on
Q: Georgia, who gets conservatorship of incapacitated parent with 2 living adult children?

i.e. An adult couple have 2 adult children. 1 spouse/parent dies and the other is incapacitated. Who is likely to get POA and conservatorship of parent? The eldest child was already named primary in a medical directive, and also listed on a STATUTORY FORM POWER OF ATTORNEY on mortgage papers for... View More

Seth Meyerson
Seth Meyerson
answered on Mar 2, 2023

The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.

Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.

2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

Seth Meyerson
Seth Meyerson
answered on Feb 21, 2023

Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Elder Law for Georgia on
Q: I am a widow, 84 yrs. old and I want to know if there is someway I can disown an adopted daughter, 56 yrs. of age.

She is currently incarcerated for elder abuse and several other charges, none of which have been waived. I can reveal more history as needed to receive an answer. I am writing this myself with no prompting from another person. I am totally independent, pay my own mortgage, bills, etcetera.

Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 3, 2022

You aren't required to talk to her or have any dealings with her. You can also write a will or estate plan excluding her if you wish.

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1 Answer | Asked in Adoption, Civil Rights, Elder Law and Criminal Law for Georgia on
Q: Can you sue the poor? How do you prove emotional trauma?

I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 6, 2021

There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... View More

3 Answers | Asked in Estate Planning and Elder Law for Georgia on
Q: We did a will for my hubby who now is in the throes of Alzheimer's. I have Power of Attorney. What if I die first?

Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?

Nina Whitehurst
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answered on Jul 16, 2021

No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Landlord - Tenant for Georgia on
Q: In a dispossess proceeding against me for a house I own. No notice. plaintiff won. entered illegally w/o sheriff

Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 28, 2021

Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.

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