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Georgia Elder Law Questions & Answers
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Georgia on
Q: A joint mortgage with our daughter & husband: if there's a financial judgment on them is whole home susceptible or 1/4?

In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 18, 2021

There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... View More

1 Answer | Asked in Elder Law, Personal Injury, Products Liability and Real Estate Law for Georgia on
Q: I want to install a wheelchair lift in my home in place of the stairs. Is this allowable or do I still need stairs?

I am going to purchase the lift from a dealer. Have it professionally installed and enclose it. This will be for a 2 story residential dwelling. I will get it inspected. The question really is do I still have a stair requirement?

What are the laws for selling aftward

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2020

A Georgia attorney could advise best, but your question remains open for four weeks. If you are unable to consult with an attorney on this, a Georgia architect could possibly offer guidance about where to research building codes, fire safety codes, or other applicable statutory authority. Good luck... View More

1 Answer | Asked in Family Law and Elder Law for Georgia on
Q: Hello I'm trying to find out what steps to take for a family member who needs someone to help with decisions for them
Homer P Jordan IV
Homer P Jordan IV
answered on Oct 14, 2020

Are you wanting to arrange for a power of attorney for the family member? You can work with an attorney to have that established. This depends on the type of power and decisions you are wanting to give the person the power to make.

1 Answer | Asked in Estate Planning, Banking and Elder Law for Georgia on
Q: Can a power of attorney include medical consultant for the person that the poa is for?
Jammie Taire
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answered on Jun 11, 2020

Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.

1 Answer | Asked in Family Law, Elder Law and Probate for Georgia on
Q: Adult guardianship petition (adult with autism, disability diagnosis) question.

Does Georgia law permit a probate court judge discretion to 1) refuse to order an evaluation by a physician, psychologist or a licensed clinical social worker, 2) If no, does the State of Georgia recognize the guardianship order, and 3) prohibit, or even have the authority, to deny an application... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on May 13, 2020

1. An evaluation is required by law and the court cannot simply order that it not occur.

2. The State of Georgia along with all people and entities must recognize the Order

3. As for prohibiting or denying an application for services, that is not connected to the guardianship...
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3 Answers | Asked in Family Law, Estate Planning and Elder Law for Georgia on
Q: In families with >1 kid who is responsible? A exclusions single parents?

I am the oldest of 4 adult kids, and single mom to a teen. I can no longer provide the financial and physical support for my aging mom ( turns 70 in Jan) as I have for the past 14 years. My other 3 siblings have no children, although the next oldest is married. Can I be sued for asking Mom to move... View More

Nina Whitehurst
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answered on May 9, 2020

You should talk to both a professional care manager and an elder law attorney about options for support caring for your mom. She might be eligible for Medicaid to pay for assisted living or skilled nursing, depending on the level of care needed. Good elder law attorneys either have professional... View More

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1 Answer | Asked in Family Law and Elder Law for Georgia on
Q: How can I get my father discharged from a VA hospital if my sibling has guardianship?

I live in GA. My sister was granted guardianship of my 87yr old father whom she had involuntarily committed to the VA hospital in Salisbury, NC. He's been there since January 2020, but hasn't been treated for the diagnosis of "unspecified psychosis". She is verbally abusive to... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 10, 2020

You should consult with an attorney who can review the facts of the case in detail and present you with your options. Whether or not you can try to get him discharged largely comes down to the facts of the case. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Elder Law and Personal Injury for Georgia on
Q: Are you the type of lawyer that handles in home health care senior abuse neglect and exploitation
Tim Akpinar
Tim Akpinar
answered on Mar 2, 2020

Your question suggests that you're under the belief you reached a law firm. This is not a law firm; it's a forum where lawyers answer questions. If you're seeking a lawyer, you could go to the lawyer listings on this site, or you could search through your own independent efforts.... View More

1 Answer | Asked in Estate Planning, Elder Law, Probate and Family Law for Georgia on
Q: I was a care taking for a lady with dementia. A lawyer has been granted conservatorship over her. I no longer care

for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 2, 2020

Everything you have been told is accurate. You can ask the lawyer for a copy of the documents he filed in court to get approval to pay you. You can also ask the probate court for a copy of the document he filed for permission to pay you.

1 Answer | Asked in Estate Planning, Elder Law, Probate and Family Law for Georgia on
Q: I was a care taking for a lady with dementia. A lawyer has been granted conservatorship over her. I no longer care

for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 1, 2020

It is difficult to provide you with an accurate answer, more information is needed. It is best to consult with an estate planning/elder law attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Georgia on
Q: What legal safe guards do I have to challenge 1. an eviction order and 2. a protection order i believe my mother may mak

My mother and I recently moved into a new home together. Unfortunately, issues from the past have re-emerged and created a storm of conflict that has irrevocably damaged our relationship. Can she retaliate against me by ordering me to vacate the home and/or by filing an order of protection, even... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 17, 2019

Without more details, it is difficult to provide you with an accurate answer. Generally speaking, protective orders are not granted unless there is evidence to support it. If you are a co-owner, you cannot be evicted, however if a TPO is granted, you obviously cannot remain in the home. For these... View More

1 Answer | Asked in Elder Law, Estate Planning and Probate for Georgia on
Q: My mom has dementia. She has not been been legally declared incomptent. She signed power of Attorney over to me in

She signed in front of a notary who read and went over what she was signing and that mom fully understood what she was signing

Homer P Jordan IV
Homer P Jordan IV
answered on Sep 10, 2019

What is the legal question for us? I don't know what the question is that you are asking. Maybe you could re-write it so that the question is clear so that we can provide you with feedback. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Estate Planning and Elder Law for Georgia on
Q: Hello, my mother has Alzheimer's disease. Does any part of title 19 pertain to her?
Jay Braddock Jackson
Jay Braddock Jackson
answered on Jul 19, 2019

You’ve not really given enough information to tell. Title 19, as you probably know is commonly called “Medicaid.” This program is intended to pay for medical care for people who don't have enough money to pay their medical bills. While your mother is not “entitled” to Medicaid... View More

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