Is a Guardianship or Conservatorship Necessary?

For all parties involved, the decision to legally remove an individual’s right to make decisions on his or her own behalf is a difficult one that shouldn’t be taken lightly. It often creates emotional tension within a family by placing an immense amount of responsibility on an appointed individual while leaving another individual (often a parent) struggling to accept his or her reduced mental capacity. Therefore, before making the decision to petition the probate court for guardianship or co...
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Some Important Issues to Consider With a Financial Power of Attorney

Preparing for the vast array of circumstances that the future could hold can be a daunting task, and most of us recognize the need to name someone to handle our affairs and decisions if we become ill or incapacitated. However, many older Americans are increasingly concerned about the potential dangers of granting such power to another individual, and rightfully so. What is a Financial Power of Attorney? A financial power of attorney is a legal document that allows you to name one or mor...
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Essential Considerations for Helping Aging Parents

At some point, we will all face the situation where our parents begin to age and slow down, both physically and mentally. As an adult child, this shift in the dynamics of your relationship with your parents can be challenging to navigate. On one hand, you want to respect their privacy and independence, but on the other hand, you want to make sure they are continuing to make decisions that are in their best interests. Therefore, it’s important to begin assessing their changing needs and makin...
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Georgia Court of Appeals Upholds Fraud and Undue Influence Verdict

Georgia Court of Appeals upholds fraud and undue influence verdict
The Georgia Court of Appeals recently decided another in a long line of cases on the issue of undue influence over a testator (in Prainito v. Smith, 2012 WL). As is the rule in Georgia, undue influence can be proved by circumstantial evidence, particularly when the subject, in a weakened state, is under the dominion of a strong influencer. Undue Influence in Prainito v. Smith This recent case involved a grandson who obtained sole possession of assets that his grandmother had intended to bequea...
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