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
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... View 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... View More
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... View More
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answered on Jun 7, 2018
This is a trusts / estates question. Please post in that forum.
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... View More
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.
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... View More
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.
He will soon be getting an income tax refund and a nursing home refund.
answered on Mar 28, 2018
Visit with the elder law attorney. Sounds like you loaned your brother money & you should be repaid.
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.
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.
He’s a veteran and has been diagnosed with Dementia.
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... View More
What's the max sentence on elderly abuse in ga
Georgia home, no mortgage, want to alleviate my financial burdens,know my son wants to buy the house just can't qualify for it yet.
answered on Jan 28, 2018
You have suggested two different things in your. The first is that you want to son to have your house and you want to make sure you will not be asked to leave.This is accomplished by signing a quit claim deed giving your house to your son. Then, enter into a contract with your son for you to have... View More
Son has founded elder abuse allegation but was never
Charged or tried but was removed as a conservator for cause
answered on Jan 17, 2018
The will has to be probated regardless. Just because that person is the nominated executor, doesn't mean the court will appoint that person. It is ultimately the court's decision. Contact an attorney about probaring this estate.
He has anger problem & now he just gave me 7 days to get out of house that I'm the only one living there. I am w/o job now & social security owes me back to April & i have not seen a penny of it. I'm frightened because of other circumstances & an EX convict involved.
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answered on Aug 7, 2017
By waiting, you will not look like you are retaliating. A good defense lawyer will point that out. Will say that you only filed it, in an attempt to collect a debt.
Plus, whatever he vandalized likely has its own story. Think of the long term effect of pressing charges against a family member
My dad died 2/20/16 shoulder or arm was fractured in 3 places. When transported to first hospital x-ray was done and see there was a fracture that was about 20 days old. My uncle and his son states that they don't know how it was fractured. After the first hospital told my uncle that it... View More
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answered on Jul 30, 2017
You may not be able to get any lawyer to file suit. The statute of limitations is 2 years. But, with not forensic proof or doctor who saw him to say their fault, you likely lose.
Mom currently doesn't have a will because of the Alzheimer's my dad only has a will but everything's supposed to go to my mom after in the will after my dad passes who has a lot more physically sick very badly under hospice
answered on Jun 22, 2017
What exactly is your question? If dad goes first, mom would either inherit everything under his will or if things are owned jointly, there may be no need for probate at all and Mom would just own everything outright. When she goes, if she has no will and can't make one (as seems to be the... View More
Will leaves everything to me; he had annuities for my children in trust ages 16 & 21 and they are in trust until 25. This woman had him sign them over to her and she has cashed them. My father had dementia. There is much evidence of fraud. She has ran up over 100K in credit card debit in one... View More
answered on Jan 15, 2016
Talk to an elder law lawyer about investigating claim for elder financial abuse or other claims.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your... View More
answered on May 31, 2013
The same way he ordinarily signs papers. If the is mentally competent to know what he is signing its not an issue. If he is not mentally competent, then he cannot sign a paper or make a power of attorney nominating an agent. In such case, guardianship would have to be established (for his person)... View More
answered on Apr 24, 2013
Why is this an elder law question?
Why would recusal be mandated regardless if the case is assigned to a senior or regular judge? You provide no facts warranting recusal. A senior judge is no different than a regular judge. Senior judges usually work reduced hours or on an as needed basis.... View More
answered on Oct 14, 2011
I see no prohibition in the Georgia Code from a felon serving as a guardian.
The Adams Law firm in Atlanta disagrees with me in part here:
http://www.atlantaprobatelawyerblog.com/2011/06/georgia_guardianship_and...
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