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Georgia Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate 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.

2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate 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.

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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... Read 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... Read 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 because of... Read more »

1 Answer | Asked in Family Law, Elder Law and Social Security for Georgia on
Q: Can divorced spouse with not enough credits apply for SSI at 65. Without waiting 2 years after divorce
Regina Irene Edwards
Regina Irene Edwards answered on Jul 2, 2019

Yes, but the benefits will be less than if you wait until full retirement age.

1 Answer | Asked in Criminal Law and Elder Law for Georgia on
Q: My neighbor got me fired. How am I in trouble for this?

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, my... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

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 »

1 Answer | Asked in Elder Law for Georgia on
Q: Can Medicaid put a lien on my home and ask me for money for my father’s nursing home care?

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.

Richard Winblad
Richard Winblad answered on Jun 20, 2019

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.

1 Answer | Asked in Criminal Law, Elder Law and Health Care Law for Georgia on
Q: My aunt has been charged with battery & exploitation with intent to harm an elderly. She says she's innocent

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 state... Read more »

Robbie Levin
Robbie Levin answered on Mar 13, 2019

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

1 Answer | Asked in Estate Planning and Elder Law for Georgia on
Q: I HAVE HAD A GENERAL POA SINCE APRIL 2002 FOR MY MOTHER THAT IS RECORDED IN FULTON COUNTY GEORGIA.

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?

Kelli Y Allen
Kelli Y Allen answered on Jan 13, 2019

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.

1 Answer | Asked in Elder Law for Georgia on
Q: I really don’t know what to do. I need some legal advice. My sister forced power of attorney from My dad.

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 »

Kelli Y Allen
Kelli Y Allen answered on Jan 13, 2019

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 »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Georgia on
Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?
Homer P Jordan IV
Homer P Jordan IV answered on Nov 15, 2018

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

1 Answer | Asked in Elder Law for Georgia on
Q: How do I file for my permanent guardianship of my mother and have her with me?
Homer P Jordan IV
Homer P Jordan IV answered on Sep 13, 2018

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 »

1 Answer | Asked in Elder Law and Probate for Georgia on
Q: Mother passed with will while in nursing home paid for via Medicaid. I am only living child and only heir in will.

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 »

John W. Chambers Jr
John W. Chambers Jr answered on Jun 16, 2018

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 estate... Read more »

2 Answers | Asked in Elder Law and Estate Planning for Georgia on
Q: My mom is my dad's POA, can she sign an updated will for him as his POA?
Regina Irene Edwards
Regina Irene Edwards answered on Jun 7, 2018

This is a trusts / estates question. Please post in that forum.

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2 Answers | Asked in Family Law and Elder Law for Georgia on
Q: My stepsister's daugh & I got in an argument. Can the daugh stop me from visiting my disabled brother?

My brother and my stepsister are both disabled. The daughter says I can't come to "her" home". The only thing she pays is 1/3 of the rent, and she has a 20 yr old, 16 yr old & 1 yr old living their also. All three adults are on the rental agreement. Can she stop me from coming to "his" home to... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on May 23, 2018

You need to talk to DFCS if you are concerned about potential elder abuse. Otherwise, if she has an interest in the property she can keep you out if you are not invited by another co-renter.

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1 Answer | Asked in Family Law and Elder Law for Georgia on
Q: How do i file a motion for due process concerning a family matter in court that has been ongoing since the fall?

My grandmother was abused by her caregiver (daughter) financially which caused APS to investigate and place her SSI check on hold. For the past 6 months I have taken care of her throughout this investigation. I took on the role because I did not want to see my grandmother placed in a nursing home... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Apr 5, 2018

Schedule an appointment with a local attorney to discuss your case. You would need to file to remove the conservator and appoint yourself or the county conservator.

1 Answer | Asked in Elder Law for Georgia on
Q: I paid $6000 to an elder law attorney to get my brother on Georgia Medicaid. Is there any way I can be reimbursed?

He will soon be getting an income tax refund and a nursing home refund.

Richard Winblad
Richard Winblad answered on Mar 28, 2018

Visit with the elder law attorney. Sounds like you loaned your brother money & you should be repaid.

1 Answer | Asked in Elder Law and Estate Planning for Georgia on
Q: POA sold home that was willed to my husband, two months before owner passed? who gets the money from the sale?

My husband was willed this mothers home. The POA decided to sell the home (so the money could be used to take care of the owner) and the owner passed less than two months later. Who should received the money from the selling of the home? The owner passed away in SC, but the property is in GA.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 26, 2018

If the power of attorney was properly using the POA, then the money derived from the sale of the home will pass in accordance with the Will or the laws of intestacy. The money does not flow to the person who was left the home in the will.

2 Answers | Asked in Family Law, DUI / DWI and Elder Law for Georgia on
Q: How do I legally stop my alcoholic and drugged husband from driving?

He’s a veteran and has been diagnosed with Dementia.

Kim Ebert
Kim Ebert answered on Feb 4, 2018

In offering suggestions to you through this forum, I take no responsibility whatsoever for any course of action you do or don't take. I am providing you a courtesy only.

If you have proof of the dementia, you can always go talk to the Department of Drivers Services (aka "DMV") about his...
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