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.
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.
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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
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.... Read more »
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?
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.
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?
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.
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... Read more »
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... Read more »
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
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
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... Read more »
Yes, but the benefits will be less than if you wait until full retirement age.
My neighbor got upset about my small dog in her yard in February, and she made false accusations about me to try to get me fired. I filed two police reports about harassment. She stopped until two weeks ago when she started an incident in the driveway when I wasn't here. During the incident,... Read more »
First, you want to care of the criminal case first. You want to get an attorney for that hearing because the burden of proof is so low. Please get an attorney although you may feel you are not in the wrong how you present that information in connection with the law is what will get the criminal... Read more »
My father died and he was in a nursing home on Medicaid. He doesn’t have any real estate, 60.00 in bank , no cars, no life insurance, but I was contacted by estate recovery about determining if there will be an estate recovery. Recover from where? I live in Georgia. Thank you.
This is known as a Fillial law. See:
https://law.justia.com/codes/georgia/2010/title-36/provisions/chapter-12/36-12-3
You should hire a Georgia Elder Law attorney.
The family says there is a video but when asked by the Nursing aide supervisor to view it, the family says there is a problem with uploading the video & some of it isn't clear to view. The daughter of the alleged victim said she went to the police department to have the charges dropped but... Read more »
Contact a criminal defense attorney ASAP. It is probably best to hire one who practices law in or near the county where the charges occurred.
For more info visit my website at www.LevinLawyerGa.com
EARLY ONSET ALZHEIMERS AND DEMENTIA HAS BEEN CONFIRMED RECENTLY AND MY AUNT TOOK HER TO AN ATTORNEY AND DREW UP A WILL AND A POA TO SIGN BUT DID NOT HAVE IT RECORDED ONLY NOTORIZED . HOW DO I GET THESE THINGS RELINQUISHED?
ALSO, CAN I REMOVE HER AS EXECUTOR OF THE WILL BEFORE HER DEATH?
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.
Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.
She told my dad that she would ruin me if he did not sign it over. Then told me if I did not want to lose my life and career... car apartment and all. I better get him to sign it over. My dad is in the beginning stages of Alzheimer’s. I am single and my dad had been helping me along. I have... Read more »
Since your Dad is still competent, he could execute a new power of attorney naming someone other than your sister as agent and revoke he POA giving her authority. If she is still trying to manipulate your dad, you should contact law enforcement of Adult Protective Services in the county where you... Read more »
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Your question is a little confusing. Are you a minor asking this question? Is your mother elderly and needs to be cared for? Without knowing more facts it is difficult to provide you with a thorough response. You can consult with an attorney regarding filing for any type of guardianship. An... Read more »
Her only asset is land in south Georgia worth approximately $65,000 which I would like to keep. Will I be required to sell land to satisfy Medicaid Estate Recovery? If so, can I buy the land or negotiate with Medicaid to pay a portion of the total they paid out (she was in nursing home for over 5... Read more »
Here is a link to a brochure available from the Georgia Department of Community Health: https://dch.georgia.gov/sites/dch.georgia.gov/files/Web%20Version%202014.pdf. The brochure states: "The total gross value of the estate must be valued over $25,000 for estate recovery to apply. An... Read more »
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