Hurley Elder Care Law Newsletter - March 2018
 
 
Having trouble viewing this email? View Online
» Visit website
March 2018   

How do I Start the Guardianship Process?

Deciding to pursue guardianship over another adult is never an easy decision. The first step of the process is to review all of your other options and make sure you are choosing the least restrictive intervention. In our January newsletter we discussed how you decide if guardianship is right for you and your loved one. When dealing with adults, we always want to pursue the least restrictive intervention to keep the adult safe and to meet his or her needs. This may or may not be guardianship. For some families, using a Power of Attorney or Healthcare Advance Directive may be the right solution. For other families, having some hard conversations and putting a plan in place together negates the need for any intense interventions like a guardianship or conservatorship. For more information on how to make this decision, click here to read our January newsletter. As the option of last resort, some families do need to file for guardianship over a loved one. If that’s you, where do you begin?

You, along with one other person, must sign a Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward and file it with the probate court in the county where the individual needing a guardian either resides or is found.  In lieu of a second petitioner, you can use a physician’s, licensed clinical social worker’s, or psychologist’s affidavit stating that he or she had examined the Proposed Ward within 15 days prior to filing the petition.  Along with the petition, filing fees must be paid. The required forms can be found at www.gaprobate.gov Since the petition can be filed in the county where the individual needing a guardian either resides or is found, you may have a choice as to which probate court to use. Each county has their own probate court, and each court has its own strengths, weaknesses, and ways of handling matters. For instance, your loved one may have a house in Fulton County but may be hospitalized at Ridgeview Institute (https://ridgeviewinstitute.com/) in Cobb County. Under most circumstances, the Cobb County Probate Court is easier to access and has a smaller volume than the Fulton County Probate Court. Thus, when given the choice it may be wiser to file a guardianship petition in Cobb County while your loved one is at Ridgeview.
 
Filing the petition begins the guardianship process and activates a series of steps. The individual needing a guardianship is served with a copy of the petition by the local sheriff’s department, and a court-appointed physician, psychologist, or licensed clinical social worker evaluates the proposed ward in person. The probate court assigns a court-appointed attorney to represent the proposed ward. Other persons of interest are served notices of the process. After all of this is complete, a hearing date is scheduled for the petitioners and the proposed ward to meet in front of the judge. The judge will then decide if the proposed ward is in need of a guardian and will issue Letters of Guardianship and/or Conservatorship if appropriate after picking the best guardian/conservator. Conservators seeking to be appointed by a judge must post a surety bond (this is essentially an insurance policy against any misappropriations/mismanagement of the ward’s property by the conservator and can be difficult to obtain). 

The guardianship process can be daunting; and although the law does not require that an attorney be involved, hiring experienced legal counsel to help you through the process is advisable. Navigating this process without proper representation can be difficult for many, and the stakes are high. If you do not win the guardianship case, you are prohibited from trying again for two years (unless a significant change in your loved one’s condition or circumstances occurs). The experienced elder law attorneys at Hurley Elder Care Law can provide representation to win guardianships.  If you need personalized legal advice about guardianships in Georgia, please call our office at (404) 843-0121 or email us at info@hurleyeclaw.com.

 
Family Business
Grace and Lillian attended the 2018 Life Care Planning Law Firms Association (LCPLFA) annual event in San Antonio, Texas last week. During this conference, they were able to network with representatives from elder care law firms across the country and share best practices and ideas on how to better serve the senior community. Between sessions they squeezed in a little sightseeing at the Alamo, La Villita and enjoyed a lovely riverboat ride.

Upcoming Speaking Events and CEs
Continuing Education (CE)
*All CE topics are certified for case managers, nurses and social workers.
Healthcare professionals recognize that dealing with a surrogate decision maker is often necessary. Most even encourage their patients to identify a healthcare agent in an advance directive for healthcare. Yet knowing who is the legal decision maker is not always clear. During the presentation Hurley Elder Care Law will present information explaining the four different types of surrogate decision makers and their necessary legal documents. The presenters will review the responsibilities of a healthcare agent and discuss factors to consider when dealing with a healthcare agent. The discussion will feature a review of ethical dilemmas that healthcare agents face and examine guidelines for making decisions on behalf of someone else. Through a series of case studies, the presenters will discuss how healthcare professionals sometimes struggle with patient autonomy and informed consent when surrogates are involved.

5:30 PM-6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, Pebblebrook at Park Springs, 5610 New Bermuda Road SW, Stone Mountain, GA 30087, RSVP: pebblebrookce.eventbrite.com


Georgia’s aging population is facing a crisis in long-term care. Costs are skyrocketing and most families can’t afford to spend over $100,000 a year for care. Healthcare professionals are on the front lines providing information and tools to help navigate this difficult time. This seminar offers practical information to healthcare providers detailing Georgia’s long-term care options. This seminar will outline strategies for accessing public benefits to pay for care including Georgia Nursing Home Medicaid and VA Aid and Attendance. Case studies will be presented to encourage dialogue and examine real world situations.

5:30 PM-6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, Celebration Village Acworth, 4460 Celebration Blvd., Acworth, GA 30101, RSVP: cvillageacworth.eventbrite.com


Healthcare professionals are being challenged with meeting the needs of an older population that is living longer with more complex issues and fewer family supports than ever before. Do you ever feel overwhelmed/lost when dealing with this population? This seminar will offer guidance for professionals dealing with the new aging family. We will explore elder orphans, elderly immigrants, and blended families.

5:30 PM-6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, Brookdale Canton, 125 Riverstone Terrace, Canton, GA 30114, RSVP: brookdalecantonce.eventbrite.com


Every 67 seconds someone in the U.S. develops Alzheimer’s, and one in three seniors will die with Alzheimer’s or another dementia.  The purpose of this activity is to review the basics of Alzheimer’s disease and then analyze the financial impact of the disease to families and employers as well as those affected by it.  Knowing the options available and planning for the unexpected loss in functional and cognitive capacity is the best way for healthcare professionals to advise their patients and families. The earlier you plan, the more options are available. Dementia is hard enough when there is a plan in place; dementia with no plan will leave families exhausted, stressed and financially distressed. 

5:30 PM-6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, The Memory Center-Atlanta, 12050 Findley Road, Johns Creek, GA 30097, RSVP: memorycenter.eventbrite.com


Healthcare professionals are being challenged with meeting the needs of an older population that is living longer with more complex issues and fewer family supports than ever before. Do you ever feel overwhelmed/lost when dealing with this population? This seminar will offer guidance for professionals dealing with the new aging family. We will explore elder orphans, elderly immigrants, and blended families.

11:30 AM-12:00 PM Registration and Lunch, 12:00 PM-1:00 PM CE Education, Ridgeview Institute, 3995 South Cobb Drive, Smyrna, GA 30080, RSVP: ridgeviewce.eventbrite.com


Community Presentations - Open to the Public

Tuesday, March 20- Join Danielle Humphrey, JD, CELA, of Hurley Elder Care Law as she presents "Tough Conversations: Georgia Advance Directives" at Arbor Terrace Burnt Hickory. Do you know who would be making your healthcare decisions if you were unable to communicate? State regulations about who can step in and make your healthcare decisions may go against what you want. Learn why you need a Georgia Advance Directive for Health Care and what can happen if you don’t have one and cannot express your wishes. Participants will have an opportunity to complete their own Advance Directives.

6:00 PM- 7:00 PM- Presentation & Refreshments
Arbor Terrace Burnt Hickory
920 Burnt Hickory Road
Marietta, GA 30064
RSVP to Lisa Lewis at 770-691-0050 or arborbh.eventbrite.com


Tuesday, April 3- Join Danielle Humphrey, JD, CELA, of Hurley Elder Care Law as she presents "VA Aid and Attendance: Making the Most of Your Past Service" at the Mansions of Alpharetta. The Aid and Attendance benefit is one of the VA’s best-kept secrets from our retired service men and women. Wartime veterans over age 65 who require the aid and attendance of another person to meet their needs may receive as much as $2,127 per month to help defer the cost of long-term care expenses such as home care, assisted living community fees and nursing home costs. Surviving spouses can qualify for up to $1,153 per month. Learn more about this hidden benefit and other non-service related benefits.

6:00 PM- 7:00 PM- Presentation and Refreshments
3675 Old Milton Parkway 
Alpharetta, GA 30005
RSVP: Kelly Walker, 470-359-5309


Tuesday, April 17- Join Danielle Humphrey, JD, CELA of Hurley Elder Care Law as she presents "VA Aid and Attendance: Making the Most of Your Past Service" at The Cohen Home. The Aid and Attendance benefit is one of the VA’s best-kept secrets from our retired service men and women. Wartime veterans over age 65 who require the aid and attendance of another person to meet their needs may receive as much as $2,127 per month to help defer the cost of long-term care expenses such as home care, assisted living community fees and nursing home costs. Surviving spouses can qualify for up to $1,153 per month. Learn more about this hidden benefit and other non-service related benefits.

5:30 PM- 6:00 PM- Refreshments, 6:00 PM- 7:00 PM- Presentation
10485 Jones Bridge Road
Johns Creek, GA 30022
RSVP: Dyan Burnstein, 770-475-8787

For more details and a complete list of upcoming events, please visit Hurley Elder Care Law Community Education.
Recent BlogsIRS Audits- Read about these red flags that could trigger an IRS audit.

Dementia Risk Factors- Read to find out if you are at greater risk.

Deduction Changes- This may be your last chance to benefit from these overlooked tax write-offs.

Retirement Hobbies- A list of activities that will help you maintain cognitive health.

Elder Care Resources
Uber Health- Uber to doctor appointments even if you aren’t tech savvy.

Landmark Legislation- Take a closer look at the RAISE Family Caregivers Act.

Peace After Death- Ways to avoid family drama after you are gone.

Guardian vs. Power of Attorney, etc.- What do all of these legal terms mean?


Miles P. Hurley, JD, CELA  Miles P. Hurley founded Hurley Elder Care Law in 2006 to provide legal assistance to the elderly population on issues relating to aging including retaining independence, quality of life and financial security. Mr. Hurley is one of eleven attorneys in the state of Georgia to receive the Elder Law Attorney Certification, and one of approximately 400 nationwide. 
Hurley Elder Care Law is dedicated to the process of long-term care and estate planning. 
Call us today for a free phone consultation with a client coordinator at (404) 843-0121.


Like us on Facebook!
Like us on Facebook to stay informed about our events and important elder law information.
Follow us on Twitter!
Follow us on Twitter, to stay up to date on important elder law information and Hurley Elder Care Law news.
Connect on LinkedIn!
Connect with us on LinkedIn for updates on our upcoming CEU presentations and helpful elder law information. 
Hurley Elder Care Law
100 Galleria Pkwy, Suite 650
Atlanta, GA 30339
404-843-0121

Satellite Offices
2011 Commerce Dr. Suite 100, Peachtree City, GA 30269   
225 Creekstone Ridge, Woodstock, GA 30188       
6340 Sugarloaf Pkwy. Suite 200, Duluth, GA 30097


 Share on Facebook  Twitter • Forward to a FriendUnsubscribe • Update Email Address

 
Direct Mail for Mac This email is powered by Direct Mail for Mac. Learn MoreReport Spam