The Top Five Secret (and Abhorrent) Tricks to Winning a Guardianship and Conservatorship

The Georgia Code for Guardianship and Conservatorship became effective in July 2005. Since that date, attorneys who practice in this area have learned many tricks of the trade. I've studied the guardianship code, and I've even taught classes about the basics of guardianships and conservatorships. Yet, the best techniques to guarantee your client's success have [...]

Collaborative Process – The New Alternative Legal Process for Amicably Resolving Disputes

by Richard M. Morgan & Loraine M. DiSalvo In our July 2010 newsletter, we discussed various dispute resolution processes. We discussed traditional litigation, along with arbitration and mediation, which are two of the alternative dispute resolution processes which were developed to address some of the shortcomings of traditional litigation. To review the July 2010 newsletter, [...]

What To Do When It All Goes Wrong: Guardianship and Conservatorship

By Diane B. Weinberg In the last two editions of The Passionate Estate Planner,we discussed various aspects of planning for incapacity. We addressed the types of incapacity documents typically used, common mistakes made when planning for incapacity, and the level of capacity needed to execute different types of legal documents. Today, we are going to [...]

Planning for the Protection of the Elderly or Disabled

A few months ago, I received a telephone call from an obviously distressed gentleman, who I will call Sam.* Sam’s elderly father, Frank, was in the final stages of an illness and has problems with confusion. Through a friend, Frank learned about a woman, Cruella, who might be willing to care for him as a [...]

Fiduciary Selection: A Critical Part of Any Well-Prepared Estate Plan

by Richard M. Morgan & Loraine M. DiSalvo In the estate planning context, a “fiduciary” is someone who will serve in a role of authority with regard to you, your assets, or your minor children. Fiduciary roles which may be part of an estate plan can include an Executor, a Trustee, a Guardian and/or Conservator, [...]

The Importance of Estate Planning

Although Kristen and Dave Kelman had worked previously with an estate planning attorney, their existing will was a typical boilerplate document and, as Kristen pointed out, it was pre-kids. “We were in the process of adoption so it mentioned future kids but it just didn’t go deep enough,” explained Kristen. “The previous attorney asked a [...]

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