Probate

Resources for our community

Understanding Guardianships: There are Risks with Pursuing Guardianship

By Hurley Elder Care Law | March 7, 2018

The decision to pursue guardianship should not be taken lightly. There are real risks with pursuing guardianship: -The guardianship process requires you to say things about your loved one in open court and often in front of your loved one. Telling a judge that you think your mom is incapable of handling her own affairs…

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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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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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Dealing with Properties in Other States: How Preplanning Can Help You Avoid Multiple Probates

By Hurley Elder Care Law | December 13, 2017

If you own property in different states (say you live in New York but winter in Florida or live in Georgia but have family property in Ohio), your estate could be complicated for those that survive you one day. Real estate is governed by the laws of the state in which it is located, not…

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