The purpose of guardianships and conservatorships is to protect aging adults. When an adult becomes unable to care for him or herself due to injury, illness, or old age, a judge may deem it necessary for another person to manage the incapacitated adult’s daily life (a guardian) or financial affairs (a conservator). Sadly, however, it […]
As loved ones grow older, situations may arise that require a conservator to be appointed to manage financial affairs. The person over whom a conservator is named is called a ward. In order to understand the need, you must know what a conservator does for a ward. Many people confuse the roles of conservators and […]
When an individual becomes unable to make decisions about his or her finances and investment, family members or friends may petition the probate court for a conservatorship. This decision should not be taken lightly, and all interested parties should evaluate whether a conservatorship is actually necessary. If the court agrees that the individual in question […]
From phone scams to email phishing, the occurrence of financial fraud is growing exponentially and is now one of the fastest growing forms of elder abuse. What makes this type of fraud especially damaging is that embarrassment and confusion cause many seniors to let the crime go unreported. How can you protect your elderly family […]
Partner Millie Baumbusch was counsel in a recent Georgia case in which the opposing party faced severe sanctions for missing deadlines set by the court. The plaintiffs filed their lawsuit in the Superior Court of Cobb County, seeking a determination by that court regarding the title and security interest in a house. Ms. Baumbusch represented […]
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 […]
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 […]
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 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 […]
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