Elder Law

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Understanding Guardianships: What if there is no guardian available? Won’t DFCS be named as the guardian?

By Hurley Elder Care Law | February 15, 2018

We often hear from healthcare professionals and long-term care providers who are concerned about incapacitated individuals needing a guardian and having no family or friends available to help them. What happens when an adult can no longer make his/her own decisions but there is no one to step in and help them? This situation is…

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Understanding Guardianships: Who can file for guardianships? Must an attorney be involved?

By Hurley Elder Care Law | February 7, 2018

In most situations, Georgia requires that two people file for guardianship. This can be any two persons who will swear to the facts in the petition, or any one person along with a physician’s, licensed clinical social worker’s, or psychologist’s affidavit stating that he or she had examined the Proposed Ward within 15 days prior…

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Landmark Legislation: RAISE Family Caregivers Act

By Hurley Elder Care Law | January 26, 2018

The Recognize, Assist, Include, Support, and Engage (RAISE) Family Caregivers Act has been signed into law on January 22, 2018. The RAISE Family Caregivers Act will address the needs of our nation’s family caregivers through the development and implementation of a coordinated national strategy. The new law directs the Department of Health and Human Services…

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How is Competency Determined by a Court?

By Hurley Elder Care Law | January 23, 2018

Only a person deemed to be incompetent by a judge can have a guardian or conservator named over him/her. The Georgia code states, “The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or…

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Guardian, Conservator, Executor, Power of Attorney—It’s all too confusing!

By Hurley Elder Care Law | January 16, 2018

There are many legal terms for the roles we can play in an older adults life. Have you ever been asked if you are the guardian or the power of attorney for someone? What does it mean when you hear that someone is the executor or trustee for someone else? How about conservator—what is that?…

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Understanding Guardianship—What is it?

By Hurley Elder Care Law | January 11, 2018

We often hear from concerned family members who are convinced they need to get guardianship over their loved one. Take this situation for example: a daughter calls our office after visiting an assisted living community. She is considering assisted living communities for her mom who has dementia, and one representative at a community told her…

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Could Georgians one day use Medicaid to pay for assisted living?

By Hurley Elder Care Law | September 29, 2017

  There is a new push to change Georgia’s laws so that Medicaid dollars could also be used to pay for assisted living facilities. The Coalition of Advocates for Georgia’s Elderly (CO-AGE) has finalized their 2018 advocacy priorities, and this topic was selected as one of their 3 legislative issues for 2018. We all know…

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Using the Medicaid “Spend Down” to Pre-Pay Funeral Expenses

By Hurley Elder Care Law | September 14, 2017

Money, Death, and Medicaid—topics very few want to discuss. When it comes to planning ahead for retirement, long-term care needs or death, I have come to learn that few families ever approach these topics. Most of our families come to us in crisis – they have insufficient funds for retirement, no plan for their long-term…

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Keep “Money Follows the Person Program” Alive

By Hurley Elder Care Law | August 31, 2016

The Money Follows the Person Program is at risk of disappearing unless congress takes action.

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National Elder Law Month

By Hurley Elder Care Law | May 3, 2016

May is National Elder Law Month, which is a time that promotes attorneys educating seniors about their legal options. Know the signs for when you should contact an elder law attorney and tips on choosing the right one.

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