FAQs

What is a Miller Trust?

Feb 25th, 2010 | By jbass | Category: Elder Law, FAQs

A “Miller Trust” is an trust that is designed to receive the income payable to a person and then distribute that income in accordance with specific rules.
Miller Trusts are typically used to address people who are “gapped” on receiving nursing home benefits from Medicaid.  In order to qualify for Medicaid, you must have an income [...]



How much does it cost to get a guardianship of an incapacitated person?

Feb 25th, 2010 | By jbass | Category: Elder Law, FAQs, Guardianship

Let’s clarify at the start – this answer concerns obtaining a guardianship of an incapacitated adult or minor only.  It does not address obtaining a guardianship over minors who are wards of the court, revoking parental rights, etc.  What is incapacitated?  Typically it is somebody who is unable to make or communicate significant responsible decisions [...]



What do I need to get a guardianship of an incapacitated person?

Feb 25th, 2010 | By jbass | Category: Elder Law, FAQs, Guardianship

Let’s clarify at the start – this answer concerns obtaining a guardianship of an incapacitated adult or minor only.  It does not address obtaining a guardianship over minors who are wards of the court, revoking parental rights, etc.  What is incapacitated?  Typically it is somebody who is unable to make or communicate significant responsible decisions [...]



Q: How do I get a guardianship of an incapacitated adult or minor?

Feb 21st, 2010 | By jbass | Category: FAQs, Guardianship

Guardianships are granted by the probate court in the county where the ward resides. The person seeking a guardianship files a petition with the probate court. The petition briefly explains the reasons why the ward is unable to care for himself.



Q: Do grandparents have visitation rights to see their grandchildren?

Feb 20th, 2010 | By natalie | Category: FAQs, Family Law

Whether a grandparent can petition a court for a court order requiring the parents to allow visitation depends upon a couple of factors. If the parents of your grandchildren are still together, even living together, then the law bars grandparents from filing an action for visitation.
The court will not interfere with the parents’ right to [...]



Q: I’m on my baby’s birth certificate, doesn’t that make me the father legally?

Feb 20th, 2010 | By natalie | Category: FAQs, Family Law

If you were not married to the mother of the child at the time of the child’s birth, being listed on a child’s birth certificate does not automatically grant you legal or custodial rights to the child. Instead, you are considered a “putative” or “biological” father and have no legal rights to have custody of [...]



Q: My child’s mother won’t let me see him/her, what do I do?

Feb 20th, 2010 | By natalie | Category: FAQs, Family Law

If the child was born out of wedlock, meaning you weren’t married to the mother at the time the child was born, she was married to someone else when the child was born, or she was married to someone else at the time of conception, you will need to file a petition to legitimate your [...]



Q: If my spouse and I are getting a divorce and agree on everything, how long will it take to get a divorce?

Feb 20th, 2010 | By natalie | Category: FAQs, Family Law

If the parties are in agreement and file certain documents with their petition for a divorce, the divorce can be finalized 31 days after service.



Q: What are the grounds for divorce in Georgia?

Feb 20th, 2010 | By natalie | Category: FAQs, Family Law

There are numerous grounds for divorce in Georgia, however the most commonly cited grounds in divorce petitions is that the marriage is irretrievably broken with no hope of reconciliation. Read on for all of the divorce grounds available under Georgia law.
§ 19-5-3. Grounds For Total Divorce.
The following grounds shall be sufficient [...]



Q: My son / daughter was arrested and is in juvenile detention, what do I do?

Feb 20th, 2010 | By natalie | Category: FAQs, Juvenile Law

If your child (aged 17 and under) has been arrested and detained by the police, your child will be brought before the court within 72 hours for an informal detention hearing. If the end of the 72 hour period falls on a weekend or holiday, the hearing will be held the following business day. At [...]