Atlanta Estate Planning Lawyer Blog

As a Georgia guardianship lawyer, I often in our Atlanta, GA, Buckhead and Midtown law offices we receive calls from distressed family members wanting to establish a guardianship for a loved one. Of course, many guardianships are established for young adults because of mental deficiencies or unfortunate accidents; but, the greater number of adult guardianships are established for elderly family members.

Unfortunately, most people wait until a family crisis has occurred before they decide to investigate the options that are available to them. The ideal time to speak with an attorney would be before an individual is incapacitated, in a hospital, in a coma, unable to care for themselves, suffering from dementia or Alzheimer’s, or their bills are remaining unpaid. When a person is deemed to lack sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety, it is time for that person’s friends or family to take the appropriate action to protect their loved one.

The initiation of a guardianship is not only an expensive proceeding but it is a very emotional time for both family and friends. Many times hard feelings are made not only by the proposed ward but also by other family members and the ward’s friends.

Although the circumstances surrounding the need to establish a guardianship vary, the procedure remains the same. In Georgia the Court requires that a petition be brought by either one petitioner and a physician, psychologist, or licensed clinical social worker, who will submit an evaluation of the proposed ward based upon an examination within fifteen days prior to the filing of the petition; or two petitioners.

If the Court accepts the petition, it will assign a physician, psychologist, or licensed clinical social worker to evaluate the proposed ward and file their report with the Court and a hearing will be set.

Continue reading " ELDER CARE IN GEORGIA -- POWERS OF ATTORNEY AND ADVANCE DIRECTIVES VS. ADULT GUARDIANSHIP " »

As an experienced Georgia estate attorney, it is my duty to be up front about the driving force behind this article, which is your death. While nobody likes to think about their own passing, there is nothing more definite than the fact that this will occur. Some people are have heard the old saying that there are two things sure in life: “Death and Taxes” – After many years of practicing law, I have heard about many people who have altogether avoided taxes and been an integral part of assisting many clients in legally minimizing and/or diminishing significant taxes they would have paid without proper estate planning or having consulted our Firm.

Having said this, to date, I have yet to see anyone steer clear of death.

The fact of the matter is, it will happen to you, it’s just a matter of when and how. So, in knowing this, it is essential that you prepare for this inevitable moment; and, the sooner the better. Let’s discuss why.

First, there are many common misperceptions which surround estate planning. The fact is, whether your “rich”, “poor” or somewhere in the middle of these commonly referred to social terms for wealth, we all have some level of need for estate planning and the sooner you engage in estate planning, the more benefits you stand to gain. These range from potential tax benefits you are entitled to and may not be aware of to the peace of mind that your affairs are in order should you become incapacitated, disabled or your inevitable death should occur. Please also be aware that your estate planning is an ongoing process and once your estate plan is in place, it can be altered to keep up with your circumstances, should they change. The Adams Law Offices, LLC, with its client’s permission, memorializes all its client’s estate plans in an easily updateable, editable digital, electronic and physical form.

Continue reading " YOUR INEVITABLE DEATH AND YOUR ESTATE PLAN -- WHY YOU NEED AN ESTATE PLANNING LAWYER! " »