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David Camp and Crawford Wood were business partners. After Crawford died, the business arraingment was restructured, with Camp conveying a property to David Wood (Crawford’s son) in return for a $130,000 promissory note. Wood’s plan was to pay the note off within three years. The day after Wood executed the promissory note, Wood transferred the […]

In Space Coast Credit Union v. Groce, 2016 Ga. App. LEXIS 252 (May 2, 2016), a lawsuit was filed to reinstate a first priority deed to secure debt. The creditor, Space Coast Credit Union, argued that its lien against property owned by a nursing home resident, Robert Steve Groce, was still valid because Groce’s debt […]

On May 8, 2016, the Seattle Times reported that nursing home evictions are up, presumably to get rid of difficult patients. Matt Sedensky, in Nursing homes turn to evictions to drop difficult residents, available at http://www.seattletimes.com/nation-world/nursing-homes-turn-to-eviction-to-drop-difficult-patients-2/, reported that nursing home seek to increase profits by discharging residents who require labor intensive care, thus eliminating expenses […]

In Williford v. Brown, 2016 Ga. Lexis 352 (May 9, 2016), Tamara Williford allaged that her step-mother, Mary Ann Brown, denied access to her father, Tommy Brown. Ms. Williford filed a Petition against Mrs. Brown in Hart County Superior Court, alleging a right to visit her father. In her petition, Ms. Williford argued she was Mr. […]

Replacement birth certificates, death certificates, marriage applications and licenses, and divorce information may be requested through: Vital Records, 2600 Skyland Drive, Atlanta, GA 30319-3640. The call center number is (404) 679-4702. https://dph.georgia.gov/VitalRecords. Some of these records will also be at the local courthouse. For example, a divorce decree should be on file at the Court […]

We are pleased to announce that the Elder Law Practice of David L. McGuffey will host a Special Needs Roundtable in Dalton, Georgia on July 29, 2016. Confirmed speakers and panelists include Key Note Speaker Hal Wright (Certified Financial Planner and Author of “The Complete Guide to Creating a Special Needs Life Plan,” available on […]

Two recent cases make it clear that, even when you are working with special needs trusts, there are reasons for caution. In the first case, Indiana resident Timothy Todd filed a lawsuit claiming the trustee managing his special needs trust was charging thousands for unnecessary and inappropriate fees. His suit, which seeks class status, claims the […]

In Marks v. State, 280 Ga. 70 (2005), Ron Russo befriended Leonard Stewart, an 89 year old elder. Russo identified himself as a lawyer, providing advice that had the effect of impovershing Stewart. Among other things, Russo offered to do legal work in exchange for Stewarts 1990 automobile. Russo caused Stewart to make changes to his […]

On February 12 and 13, 2016, the Elder Law Practice hosted a conference on Understanding Dementia, and on Representing Individuals with Diminished and Diminishing Capacity. The first day was open to all professionals and community members. The link for that program is: https://www.mcguffey.net/2016conference. The second day was for lawyers. The link for that program is: […]

On February 12, 2016, The Elder Law Practice of David L. McGuffey will host a one of a kind event in Dalton. Nationally known speakers will be presenting much needed information regarding how to work with individuals who have diminished or diminishing capacity. Our speakers include: Peter V. Rabins, MD, MPH is a Professor of […]

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