Conservatorship

Conservatorship in depth

Conservatorship in depth

By Miles Hurley | July 27, 2021

Today we will conclude our story about Alan, Sandy, and Mary that we have shared with you over the past couple of weeks. We will go ahead and spoil the ending by telling you the family is in a much better situation and Alan’s health and finances are now addressed. Last week  we told you…

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Estate plan

Guardianship Mistakes: Failing to Plan

By Miles Hurley | March 19, 2020

The guardianship process is complex, expensive, and often humiliating to the older adult. Most times, guardianship is also avoidable.   Plan ahead to avoid guardianship.   Whenever possible, guardianship should be avoided. The most effective way to avoid guardianship is to plan ahead. Sine there is no guarantee that we will be of sound mind up…

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Working with a Professional Trustee

By Hurley Elder Care Law | May 30, 2018

It is news to many individuals that you can hire a professional to be the trustee or executor of their estate. Whether a will or trust is completed, everyone needs a representative to handle their estate after their death. For most individuals, this representative is a family member. If someone has no reliable family members…

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Understanding Guardianships: Annual Reporting

By Hurley Elder Care Law | March 28, 2018

After the probate court appoints a guardian over a ward, the court stays involved in the ward’s care to supervise the ward’s affairs and monitor the actions of the guardian. Guardians must provide regular reports, known as Personal Status Reports, to the court to keep them updated on the ward. This report must include the…

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Understanding Conservatorship: Protecting Loved Ones From Scammers

By Hurley Elder Care Law | March 21, 2018

“My dad has early stages of dementia. He hasn’t been diagnosed, but we’ve been noticing some major changes over the last year and a half. My mom just discovered that he’s been taking out thousands of dollars from their checking account. When asked about it, he says that he’s just helping a friend out and…

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Understanding Guardianships: Who is appointed as guardian?

By Hurley Elder Care Law | March 2, 2018

Once a judge has deemed a ward to be incompetent and has agreed that a guardianship should be in place, the judge has to appoint an appropriate guardian. There are some restrictions on who can be appointed as a guardian in Georgia. Only individuals (not organizations) can be guardians (unless the Guardian is the Georgia…

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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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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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