Atlanta Probate Lawyer Blog

A person is qualified under Georgia Law to serve as a Georgia probate court appointed Guardian and/or Conservator of a proposed ward if such person is:

1. Over the age of 18 years of age;
2. A Georgia resident; or a non-resident who is:

(a) related by lineal consanguinity to the ward; (b) a legally adopted child or adoptive parent of the ward; (c) a spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone elated by lineal consanguinity to any such person; or (d) the spouse of a person otherwise qualified above; and

3. Having been convicted of a felony usually precludes you from being a guardian in Georgia. However, new trends allow the judge to evaluate the felony and its circumstances to determine whether the proposed guardian would do a good job in caring for the ward. By example, a felony conviction for marijuana possession a long time ago may be looked upon by the Georgia County Probate Judge as a learning lesson. And, since it did not involve stealing (or another crime of moral turpitude), then the proposed guardian may be determined by the Georgia County Probate Court to be a safe person and able to care for the ward in a high-quality manner. Lastly, this is true if the guardian and ward are closely related and/or have a close, respectful, and honest relationship.

Moreover, a Georgia county probate judge may give a felon who petitions the court to be guardian of the ward if they are related. This new trend shows the County Probate Judge's discretion in finding a qualified person to take care of the ward.

A Petition for appointment of a Georgia guardian and/or Conservator for the proposed ward will be filed with the GA County Probate Court in which the proposed ward is domiciled. This Petition requires either two Petitioners to sign the document or one Petitioner and the completed affidavit of a physician or psychologist licensed to practice in Georgia or a licensed clinical social worker, who has examined the proposed ward within 15 (fifteen) days prior to the filing of the Petition. In, Georgia, unless the alleged incapacitated person is indigent, the Petition must submit with a check to the GA County Clerk of Court for the filing fees. The filing fees vary slightly per each separate GA County Probate Court.

Continue reading "GEORGIA GUARDIANSHIP AND CONSERVATORSHIP PROCEDURES IN ATLANTA AREA PROBATE COURTS" »

In my Atlanta, Georgia Probate Law firm, I have helped countless clients involved in estate issues and Georgia probate litigation. While there is no substitute for qualified legal counsel, there are excellent resources online to help individuals understand the complex legal landscape of probate proceedings and estate administration. I often recommend that my clients use these resources to get an initial understanding of this area of law and the unique requirements of the Georgia probate process.

Georgia has a useful website (www.gaprobate.org) that focuses on areas handled by Georgia’s Probate Courts, such as estate planning and marriage licensees. At this website you will find a broad array of information and tools, such as standardized downloadable forms and a resource to locate the Probate Court in your area. The Administrative Office of the Courts of Georgia also has a website (www.georgiacourts.org) that provides standardized forms, information and links to state and national legal agencies and organizations. A third website run by the IRS (www.irs.gov) also provides valuable information and I recommend that my clients use it when doing research on probate and taxes.

These three sites should always be used to download any Georgia probate forms. Other websites may have free downloadable e-forms, but these official websites will have the most up-to-date forms and instructions. Keep in mind that the staff and clerks at the offices of these websites are very knowledgeable, but they cannot dispense legal advice. It is critical to secure legal counsel from an experienced Estate Administration and Probate Attorney for all probate matters. The complexity of the Georgia probate process can derail the administration of estate assets and cost beneficiaries and heirs valuable resources.

Due to the complex nature of probate and estate administration, it is wise to seek legal advice when initially entering into these matters. The qualified attorneys at The Adams Law Offices are available to answer your questions and represent you in Georgia probate proceedings or litigation. Please contact us to discuss your situation at (404) 467-8611, or toll free at (877) 412-3267. The Firm’s Main Office is conveniently located in the Buckhead section of Atlanta.

The Atlanta, Georgia, fiduciary and Estate Litigation lawyers have seen a striking increase in the exploitation of the elderly through powers of attorney. Make no mistake about it; abusing the fiduciary duty imposed under Georgia law for the holder of a power of attorney is tantamount to stealing. It is white-collar crime at its worst. Our Atlanta, Georgia breach of fiduciary duty lawyers have significant experience in rectifying the misuse and abuse of a power of attorney. Our Firm is also aggressive in recovery of the exploited funds.

A Georgia power of attorney gives someone else the legal capability and power to act on behalf of another without their presence. Oftentimes, powers of attorney entail taking over extremely important day-to-day affairs of another and usually involve legally taking over their finances. While powers of attorney can be an effective tool to assist elderly and other persons with diminished capacity and ability, they are easily used to exploit the elderly or other persons with diminished mental or physical capacity. What is more, power of attorney documents are easily obtainable and can be purchased in kits from office and legal supply stores or downloaded online, sometimes free.

In these troubled economic times, family members, friends, and other persons have been using powers of attorney for their own financial gain by taking advantage of the elderly through the use of these documents. If this abuse goes unchecked, the assets, and sources of income of an elderly or incapacitated person can be devastated. In fact, the damage done can be limitless and usually is permanent unless it is possible to recover the assets back from the person who abused the power of attorney.

It is sad, but necessary in this day and time to be very guarded and protective of anyone holding a power of attorney. This is as true for a family member. As the old adage goes: It seems to be the ones you are closest to that hurt you the most. In fact, oftentimes, it is the family member or friend who borrows a little money with the characterless belief they will pay it back.

With the economy worsening, the temptation to acquire and/or abuse a power of attorney is ripe for occurring.

Who should I be on the lookout for?

• Acquaintances

• Family Members (especially ones in financial trouble)

• Scam artists

• Someone who befriends an older person

• Any person who exhibits strange and engaging activity, interest, and behavior toward an elderly or person with diminished capacity or ability

Setting up the power of attorney properly to lessen the chance of abuse.

• Seek advice and retain an attorney to create the power of attorney and explain how they work.

• Limit the powers granted under the power of attorney to those duties necessary for the purpose of the document. A “blanket” power of attorney is dangerous!

• Require the agent to provide a semiannual accounting in the power of attorney, which must be provided to a number or responsible persons who understand accounting and willing to take the time to see that the power of attorney is being used appropriately.

• Require the agent to keep all documentation pursuant to the power of attorney, such as receipts, bank statements, a daily or weekly journal or account ledger, etc.

• Consider a court-appointed conservatorship rather than a power of attorney. The courts require reports to be submitted and these are reviewed by the court staff, are public record, and open for inspection.

• It is best to have one person as agent under a power of attorney as co-powers of attorney only create confusion and result in disagreements.

• Should you be acting under a power of attorney for another, keep detailed, hard copy, and electronic copies of all records. Remember, you have a fiduciary duty as you are acting on behalf of another person. You are required by Georgia law to do what is in the best interest of the other person, which may be contrary to your own best interest and wishes.

Our Atlanta, Georgia estate and probate lawyers advocate that any power of attorney should not be entered into without serious consideration, substantial disclosure, and protections in place.

Continue reading "ATLANTA, GEORGIA, FIDUCIARY LAWYERS SEE POWER OF ATTORNEY EXPLOITATION, MISUSE, AND ABUSE ON THE RISE – THIS IS ESPECIALLY TRUE WITH THE ELDERLY -- THERE IS LEGAL ACTION YOU CAN TAKE!" »