by Baumbusch Law LLC | Apr 30, 2024 | Guardians and Conservators
Under Georgia law, a guardian is authorized to make health care and residence decisions for the ward. But if the ward had previously executed an advance directive for health care, the named health care agent under that document may have priority over the guardian....
by Baumbusch Law LLC | Feb 6, 2024 | Guardians and Conservators
I often hear from clients who tell me that an elderly parent is no longer safe living alone, due to physical limitations or cognitive decline or both, but the parent adamantly insists on staying in the home. It can be challenging and expensive to locate and schedule...
by Baumbusch Law LLC | Jan 10, 2024 | Guardians and Conservators
I often hear from clients who tell me that an elderly parent is no longer safe living alone, due to physical limitations or cognitive decline or both, but the parent adamantly insists on staying in the home. It can be challenging and expensive to locate and schedule...
by Baumbusch Law LLC | Oct 5, 2023 | Guardians and Conservators
“If I serve as my parent’s guardian or conservator, will I be liable for my parent’s bills?” Anyone who is considering serving as a guardian or conservator wants to know if the role will involve personal financial responsibility. Provided that the guardian or...
by Baumbusch Law LLC | May 11, 2023 | Guardians and Conservators
Georgia courts have been seeing an increase in the number of guardianship and conservatorship petitions filed for young adults with disabilities. A typical scenario goes like this: parents have been caring for their son who suffers from severe autism. He has been in...
by Baumbusch Law LLC | Aug 18, 2022 | Guardians and Conservators
Mediation is a process by which parties can resolve a dispute on their own terms with the assistance of a neutral mediator to facilitate discussions. In typical estate and trust disputes, if mediation results in an agreement, the parties also agree to dismiss their...
by Baumbusch Law LLC | Nov 11, 2018 | Probate Disputes
One of the most common reasons family members begin to squabble after a relative passes away is concern about personal property issues. Uncle Jerry promised me that painting! Mom always told me that ring was going to be mine! Grandpa wanted me to have his tools!...
by Baumbusch Law LLC | Sep 3, 2018 | Probate Disputes
In Georgia, there are three grounds on which a will can be contested: testamentary capacity, undue influence, or execution formalities. A testator (the person who signed the will) had testamentary capacity if, at the time of signing the will, she expressed a “decided...
by Baumbusch Law LLC | Jul 5, 2018 | Probate Disputes
Estate litigation is often understood to be a legal dispute over whether a will is valid. Did the decedent have capacity to execute a will? Did someone coerce or influence the decedent into signing the will? Was the will properly signed in front of two witnesses?...
by Baumbusch Law LLC | Jun 5, 2018 | Trust Disputes
The Georgia Legislature recently made several changes to Georgia’s Trust Code, including revisions to the statutes that allow for modification or termination of noncharitable irrevocable trusts. A trust agreement already may contain provisions that allow a trustee or...